Welcome to Social Posting Engagement. The my.postrotation.com website (the "Site") is comprised of various web pages operated by Social Posting Engagement. The Site, my.postrotation.com is offered to the user or customer (hereinafter collectively “Customer”) conditioned on Customer acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of my.postrotation.com constitutes your agreement to all such Terms. Customer is responsible for reading these terms carefully, and to keep a copy of them for reference.
my.postrotation.com is a Software as a Service (SaaS) Site providing services as a social media automation and marketing tool.
Privacy
Customer’s use of my.postrotation.com is subject to Social Posting Engagement’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting my.postrotation.com or sending emails to Social Posting Engagement constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Social Posting Engagement does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If Customer is under 18, they may use my.postrotation.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Social Posting Engagement values the Customer’s complete satisfaction above everything else. If Customer is dissatisfied for any reason, they must contact us within the first 30 days of commencing subscription and we will issue a pro-rated refund for the balance of the subscribed term. We value all feedback; by letting us know how we may improve via our cancellation form, we are able to improve Customers’ experience(s).
Automatic Renewal
For convenience, Customer’s paid subscription will be automatically renewed unless a cancellation request is received prior to your renewal period. Subscriptions automatically renew for the same period (monthly or annual) for which you signed up for. Please note that we do not send notifications before or at the time of subscription renewal. Annual subscriptions may be renewed up to 10 days prior to renewal date. Cancellations of annual subscriptions must be submitted in writing prior to this 10-day period. We do not offer refunds on charges for subscription renewals.
Rights in Customer Data
Customer retains all rights, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to Social Posting Engagement. Subject to the terms of this Agreement, Customer hereby grants to Social Posting Engagement a non-exclusive, worldwide, royalty-free right to use, copy, and store, the Customer Data solely to the extent necessary to provide the Services offered to Customer.
Storage of Customer Data
Social Posting Engagement does not provide or solicit any archiving service. Social Posting Engagement agrees only that it will not intentionally delete any Customer Data from any Service prior to termination of Customer's applicable Subscription Term. Following termination or expiration of a Social Posting Engagement subscription, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete and permanently destroy all Customer Data in our systems or otherwise in our possession or under our control.
Creation of a Social Posting Engagement Account
If a Customer wants to access data collected by the Site, Customer must create a Social Posting Engagement account. When creating an account, Social Posting Engagement will ask for some personal information, including your date of birth. Customer will also have the option to create their Social Posting Engagement account using a different credential (i.e. Facebook account). Should Customer choose to do so, we will ask permission to access basic information from that account, like your name, profile picture, and friend list. Customer may stop sharing that information with us at anytime by removing Social Posting Engagement’s access to that account.
General Data Protection Regulation (GDPR)
Right to erasure (“right to be forgotten”)
The Customer shall have the right to obtain from Social Posting Engagement the erasure of personal data concerning him or her without undue delay and Social Posting Engagement shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
Links to Third Party Sites/Third Party Services
my.postrotation.com may contain links to other websites, ("Linked Sites"). The Linked Sites are not under the control of Social Posting Engagement and Social Posting Engagement is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Social Posting Engagement is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Social Posting Engagement of the site or any association with its operators.
Certain services made available via my.postrotation.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the my.postrotation.com domain, you hereby acknowledge and consent that Social Posting Engagement may share such information and data with any third party with whom Social Posting Engagement has a contractual relationship to provide the requested product, service or functionality on behalf of my.postrotation.com users and Customers.
Facebook Authentication
The Site utilizes authentication services provided by Facebook, Inc’s API. Customer may have the opportunity to authenticate their self by use of Facebook’s API or Facebook Connect. By clicking or otherwise utilizing Facebook Connect, the “Login with Facebook” button, or the “Signup with Facebook” button, all of the Customer’s information will automatically be transferred to Social Posting Engagement’s systems and an account will be created automatically for you. If Customer connects to Social Posting Engagement through Facebook, either when Customer Registers or after registration, Social Posting Engagement will collect, store, and use in accordance with this Social Posting Engagement’s Privacy Policy and any and all information Customer agreed that Facebook could provide to Social Posting Engagement through it’s API.
By utilizing Facebook Connect, Customer consents to the interconnection maintained between Facebook Connect and Social Posting Engagement and any transfer of data to or from each. Customer’s agreement (and our access to your information) takes place when Customer instructs, accepts or allows Facebook to register them for a Social Posting Engagement account or otherwise connect to Social Posting Engagement through Facebook. The information that Social Posting Engagement may access, collect and store may include the following, among other information, as allowed by Customer, Facebook’s API, and Customer’s privacy settings:
Geolocation
When Customer uses the Site, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide the Site with information on nearby devices, WiFi access points and cell towers. When we have location information, we use it to tailor our Services for Customer’s and others, like allowing Customer to check-in and find local events or offers in Customer’s are or tell Customer’s friends they are nearby.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use my.postrotation.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Social Posting Engagement that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Social Posting Engagement or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Customer agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Customer will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Social Posting Engagement’s content is not for resale. Use of the Site does not entitle Customer to make any unauthorized use of any protected content, and in particular, Customer will not delete or alter any proprietary rights or attribution notices in any content. Customer will use protected content solely for personal use, and will make no other use of the content without the express written permission of Social Posting Engagement and the copyright owner. Customer agrees that they do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Social Posting Engagement or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Social Posting Engagement account to third party accounts. By connecting your Social Posting Engagement account to your third-party account, Customer acknowledges and agrees that they are consenting to the continuous release of information about Customer to others (in accordance with the privacy settings on those third-party sites). Should Customer not want information about them to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Social Posting Engagement from our offices within the USA. If access of the Service is from a location outside the USA, Customer is responsible for compliance with all local laws. Customer agrees that they will not use the Social Posting Engagement Content accessed through my.postrotation.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
Customers agrees to indemnify, defend and hold harmless Social Posting Engagement, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of their use of or inability to use the Site or services, any user postings made by Customer, their violation of any terms of this Agreement or their violation of any rights of a third-party, or their violation of any applicable laws, rules or regulations. Social Posting Engagement reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event, Customer will fully cooperate with Social Posting Engagement in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both Customer and Social Posting Engagement agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POST PLANNER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Social Posting Engagement AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Social Posting Engagement AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Social Posting Engagement AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POST PLANNER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF CUSTOMER IS DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Social Posting Engagement reserves the right, in its sole discretion, to terminate a Customer’s access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Customer agrees that no joint venture, partnership, employment, or agency relationship exists between them and Social Posting Engagement as a result of this agreement or use of the Site. Social Posting Engagement's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Social Posting Engagement’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Social Posting Engagement with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the Customer and Social Posting Engagement with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Customer and Social Posting Engagement with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Social Posting Engagement reserves the right, in its sole discretion, to change the Terms under which my.postrotation.com is offered. The most current version of the Terms will supersede all previous versions. Social Posting Engagement encourages periodic review the Terms to stay informed of any updates.
Contact Us
Social Posting Engagement welcomes all questions or comments regarding the Terms:
Email Address: mitzy@mitzydadoun.com
Effective as of July 9, 2020