Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The content you submit, post, or display through the PostmortemPost Services is public by default to the PostmortemPost team and is able to be viewed by other third party services. This is to ensure safety and efficiency. As a result, you should only provide content that you are comfortable sharing with others under these Terms and not personal information such as passwords that can be tied back to your email.
You may use the Services only if you can form a binding contract with PostmortemPost and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities. You may not use the Service for any illegal or unauthorized purpose. You may use the Services only in compliance with these Terms and all applicable local, province, national, and international laws, rules and regulations.
The Services that PostmortemPost provides are always evolving and the form and nature of the Services that PostmortemPost provides may change from time to time without prior notice to you. In addition, PostmortemPost may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Privacy
PostmortemPost does not claim ownership of any Content that you post on or through the Service. PostmortemPost does not sell or collect your information for purposes other than the sole purpose of fulfilling our services to the user.
Any information that you provide to PostmortemPost is subject to our Privacy Policy, which governs our collection and use of your information for the sole purpose of carrying out a PostmortemPost service. You understand that through your use of the Services you consent to the collection and use of this information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
Third-Parties and Affiliates: PostmortemPost uses a variety of third-party services to help us understand and improve the use of our Services, such as Google Analytics. These third-party service providers may collect information sent by your device as part of a web page request, such as cookies or your IP address. PostmortemPost does collect anything more then what is needed for us to carry out our Services.
Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. PostmortemPost cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will PostmortemPost be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Our Policy Towards Children
Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us here. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
Changes to this Policy
We may revise this Privacy Policy from time to time. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.
Effective: March 03, 2016
Archive of Previous Privacy Policies
Thoughts or questions about this Privacy Policy? Please, let us know.
Ending These Terms
The Terms will continue to apply until terminated by either you or PostmortemPost as follows.
You may end your legal agreement with PostmortemPost at any time for any or no reason by deactivating your accounts by discontinuing your use of the Services. You do not need to specifically inform PostmortemPost when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us or other individuals; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
Nothing in this section shall affect PostmortemPost’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of PostmortemPost and its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “PostmortemPost Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE POSTMORTEMPOST ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The PostmortemPost Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the PostmortemPost Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE POSTMORTEMPOST ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE POSTMORTEMPOST ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID POSTMORTEMPOST, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE POSTMORTEMPOST ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.