Registered User Terms and Conditions
Trilogy Enterprises, Inc. d/b/a AustinPost (“AustinPost” or “We”) is the owner of the website located at www.austinpost.org (“Site”).
All persons (“You” and/or “User(s)”) who use the Site or any services offered by AustinPost through the Site (“Services”), who register to become a member of the Site (“Registered User(s)”), and/or who either publish content to the Site or link to content on another site (collectively “User Content”) shall agree to be bound by these Terms and Conditions. Accordingly, by clicking “I agree” below, You (either individually, or, if you are registering and/or posting on behalf of a legal entity, the entity) agree to be bound by these Terms and Conditions. If You do not agree to these Terms and Conditions, STOP NOW and exit the Site. DO NOT use the Site or Services and DO NOT register as a User or post any User Content.
1. Age Restrictions
Children 13 years of age or younger are prohibited from using the Site in any manner. By registering as a Registered User and/or posting any User Content, You affirm that you are over 13 years of age.
By registering as a Registered User and/or publishing any content to the Site, You further affirm that you are (a) either more than 18 years of age or, (b) if you are older than 13 years of age but younger than 18 years of age, that you possess the legal consent of your parent or guardian and are fully able and competent to understand, enter into, and comply with these Terms and Conditions. If you cannot meet the conditions set forth in (a) and (b) above, STOP NOW and do not register or publish any User Content.
2. Changes to these Terms and Conditions
We reserve the right to make changes to these Terms and Conditions at any time. The Terms and Conditions in effect at the time You publish content shall govern. If You do not agree to the Terms and Conditions in existence at the time you wish to register or publish User Content, STOP NOW and DO NOT proceed with your registration or publication of User Content.
3. Privacy and Other Site Policies
Use of this Site is also subject to our Copyright Infringement Policy and Take-Down Procedure, which is available at www.austinpost.org/copyright-infringement-policy-and-takedown-procedure. By accepting these Terms and Conditions, You agree that you have read our Copyright Infringement Policy and Take-Down Procedure and consent to be bound thereby.
Use of this Site is also subject to other policies and procedures which may, from time to time, be adopted and posted on the Site at www.austinpost.org/terms-use. By accepting these Terms and Conditions, You agree that You have read and agree to abide by all additional rules, policies, and restrictions which appear on the Site.
4. Use of the Site
Effective upon AustinPost’s acceptance of your request to become a Registered User and provided You continue to comply with these Terms and Conditions, Austin Post grants You a personal, or if You have registered on behalf of an entity, an entity-specific, non-assignable, license to log into and access the Site and to place User Content on the Site. Some of the Services offered by Austin Post are free of charge, while others may cost money or have other requirements. Any such fees or requirements will be clearly explained and separately agreed to when You subscribe to such services.
All use of the Site shall comply with applicable copyright law. We reserve the right, in our sole discretion, to terminate Your status as a Registered User if you repeatedly violate, or are alleged to violate applicable copyright law.
5. Your Content
You are responsible for ensuring that you have the right to provide Your Content to AustinPost for hosting, transmission, and publication in connection with the Site and any services provided by AustinPost through the Site (“Services”). AustinPost shall not, under any circumstance, be liable for Your Content. Notwithstanding any disclaimers or limitations otherwise applicable in respect of Your Content, You agree to hold harmless and indemnify Austin Post for any liability arising from Your Content. By submitting Your Content to Austin Post, You automatically grant, and You represent and warrant that You have the right to grant, to Austin Post and its licensees an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable and worldwide licence to reproduce, copy, publicly perform, publicly display, publish, reformat, translate, excerpt (in whole or in part), distribute, prepare derivative works (including collections) of, incorporate into other works and otherwise use and exploit Your Content in connection with the Site and Services as well as Austin Post’s (and its successors’ and affiliates’) business, including, without limitation, for promoting, advertising and redistributing part or all of the Site and derivative works thereof in any media formats and through any media channels, and to grant and authorize sublicenses of the foregoing.
You also hereby grant each individual or entity who accesses the Site or Services (“User”) a non-exclusive licence to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted by the Site’s functionality or under these Terms and Conditions or the General Site Terms and Conditions appearing at www.austinpost.org/terms-use. You may remove Your Content from the Site at any time. If You choose to remove Your Content, the above licences granted by You in Your Content will automatically expire within a commercially reasonable time after You remove or delete Your Content from the Services; however, You acknowledge that Austin Post may retain, but not display, distribute or perform, archived copies of Your Content that have been removed or deleted. Unless otherwise stated for specific Services, Austin Post does not assert any ownership over Your Content; rather, as between Austin Post and You, subject to the rights granted to Austin Post in these Terms and Conditions, You retain full ownership of all Your Content and any intellectual property rights or other proprietary rights associated with Your Content.
6. Termination of Access
If You use the Site in any manner that is prohibited by these Terms and Conditions or of any other policy regarding use of the Site that is posted on the Site, Austin Post may, without notice, terminate or suspend Your status as a Registered User as well as your use of or access to the Site or the Services.
7. Changes to the Site
AustinPost reserves the right to change any aspect of the Site or the Services including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to You.
8. Prohibited Use of the Site
The Site is provided to You for your use and enjoyment. You—or anyone acting on Your behalf (including an employee, third party contractor, or agent (either express or implied)) may not use the Site to engage in any “Prohibited Activity”. Prohibited Activities include, but are not limited to the following:
1. Infringing or misappropriating the rights of AustinPost, its affiliates, customers or any third party;
2. Interfere with the operation of the Site or the Services in any way ;
3. Interfere with anyone's use or enjoyment of the Site or the Services;
4. Gain unauthorized access to other computer systems;
5. Send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business;
6. Transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation;
7. Impersonate any person or entity on or through the Site;
8. Post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable;
9. Post any content that You do not own or do not have the right to post;
10. Copying, reproducing, modifying, selling, leasing, scraping content from or aggregating, sublicensing, marketing, or otherwise change or commercially exploit in any way the Site or the Services or any component thereof other than as may be expressly permitted in writing by Austin Post or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws; or
11. Disclose Your password or otherwise grant access to the Site to any third party, other than Your authorized agent, without the prior written consent of Austin Post)
9. Operation and Maintenance of the Site
Austin Post operates the Site in a commercially reasonable manner and may from time to time interrupt the Site and Services for regular and emergency maintenance. Where Austin Post has advance knowledge of any interruption to the Site and Services, Austin Post will make reasonable efforts to provide advance notice to You of any such interruption. You agree, however, that it may not always be possible to provide advance notice of such interruptions.
10. Monitoring Use of the Site
11. Intellectual Property of Austin Post
The copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site (other than Your Content) are owned by or licensed to Austin Post. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of Austin Post is expressly prohibited. © Copyright 2009 Trilogy Enterprises, Inc., d/b/a AustinPost. All rights reserved.
The technology used to power the Site is owned by or licensed to AustinPost. You hereby agree that you will not reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the technology used in the Site or any component thereof (except as permitted under applicable local law after having given Austin Post written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability). You further agree that you will not copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or the Services or any component thereof other than as may be expressly permitted in writing by AustinPost or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws.
AUSTINPOST, TRILOGY, and TRILOGY and TRIANGLE DESIGN are registered or unregistered trademarks of Trilogy Enterprises, Inc. or its affiliates. Other service and product marks that appear on the Site are the trade-marks of their respective owners. The display of any trademarks on the Site does not imply that a license has been granted for any further use.
12. Claims of Infringement
Austin Post respects the intellectual property rights of others. If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow the instructions on how to contact Austin Post to report possible copyright infringement. For directions and more information, read the Intellectual Property Policy which is available at http://www.Austin Post.com/intellectual_property_policy.
13. Dealing with Third Parties
Any correspondence or business dealings with any third parties found on or through the Site is solely between You and such parties. Austin Post is not responsible for any damages You may suffer by entering into such transactions or communications. You and the third party, not Austin Post, are responsible for compliance with all laws applicable in any such transaction or communication. 14. No Warranties and No Liability You acknowledge and agree that the Site and the Services are provided to You on an “as is”, “without any warranties” and “without any liability” basis. The parties to these Terms and Conditions acknowledge and agree that this limitation on liability is reasonable in the circumstances.
AUSTIN POST DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE OR THE SERVICES OR THE INFORMATION PROVIDED IN CONNECTION THEREWITH, WHICH MAY CONTAIN ERRORS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE ERROR FREE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION.
AUSTIN POST DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE SITE OR THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
AUSTIN POST IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR THE SERVICES OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AUSTIN POST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
WHERE THE LIMITATION OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES IS NOT ALLOWED, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS AND CONDITIONS SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRES LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.
15. Limit on Damages and Claims
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF AUSTIN POST’S LIABILITY TO YOU IN ANY CIRCUMSTANCE EXCEED THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE SITE OR, IN THE EVENT THAT YOU HAVE NOT PAID ANY FEES IN RESPECT OF THE SITE, CDN$5,000.
ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You hereby agree to hold harmless and indemnify Austin Post and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of Your misuse of the Site, Your violation of these Terms and Conditions, or Your infringement of any intellectual property or other right of Austin Post or any other person or entity, including such activities that are carried out by any individual using Your login or password information. 17. Dispute Resolution Policy Any dispute relating to the Site or the Services shall be governed by Texas law and shall be submitted to mediation in accordance with the WIPO Mediation Rules. The place of mediation shall be Austin, Texas, and the language of the mediation shall be English. If, and to the extent that any such dispute has not been settled pursuant to the mediation within sixty (60) days of the commencement thereof, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. Alternatively, if, before the expiration of the said period of sixty (60) days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator.
Austin Post makes no representation that the Site or the Services are appropriate or available for use in all locations, and accessing the Site from territories where the Site or its content is illegal is prohibited. If You choose to access the Site from such a location, You do so on your own initiative and You are responsible for compliance with local laws. 18. Entire Agreement These Terms and Conditions, together with the Privacy Notice at http://www.Austin Post.com/privacy_policy and any other legal notices published by Austin Post on the Site, shall constitute the entire agreement between you and Austin Post concerning the Site. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.