Terms and Conditions
Last Updated on July 9th, 2020.
Welcome to My Post Rotator. The www.mypostrotator.com website (the “Site”) is
comprised of various web pages operated by My Post Rotator. The Site,
www.mypostrotator.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 www.mypostrotator.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.
mypostrotator.com is a Software as a Service (SaaS) Site providing services as a
My Post media automation and marketing tool.
Privacy
Customer’s use of www.mypostrotator.com is subject to My Post Rotator’s Privacy Policy.
Please review our Privacy Policy, which also governs the Site and informs users of our
data collection practices.
Electronic Communications
Visiting www.mypostrotator.com or sending emails to My Post Rotator 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
My Post Rotator 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
www.mypostrotator.com only with permission of a parent or guardian.
Cancellation/Refund Policy
My Post Rotator 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 My Post Rotator. Subject to the terms
of this Agreement, Customer hereby grants to My Post Rotator 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
My Post Rotator does not provide or solicit any archiving service. My Post Rotator 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 My Post Rotator 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 My Post Rotator Account
If a Customer wants to access data collected by the Site, Customer must create a
My Post Rotator account. When creating an account, My Post Rotator will ask for some
personal information, including your date of birth. Customer will also have the option to
create their My Post Rotator 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 My Post Rotator’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 My Post Rotator the erasure of personal
data concerning him or her without undue delay and My Post Rotator shall have the
obligation to erase personal data without undue delay where one of the following
grounds applies:
- the personal data are no longer necessary in relation to the purposes for which
they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based according
to point GDPR (a) of Article 6(1), or point (a) of Article 9(2), and where there is no
other legal ground for the processing;
- the data subject objects to the processing pursuant to GDPR Article 21(1) and
there are no overriding legitimate grounds for the processing, or the data subject
objects to the processing pursuant to Article 21(2);
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in
Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information
society services referred to in GDPR Article 8(1).
Links to Third Party Sites/Third Party Services
www.mypostrotator.com may contain links to other websites, (“Linked Sites”). The
Linked Sites are not under the control of My Post Rotator and My Post Rotator 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. My Post Rotator
is providing these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by My Post Rotator of the site or any association with its
operators.
Certain services made available via www.mypostrotator.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from
the www.mypostrotator.com domain, you hereby acknowledge and consent that My Post
Rotator may share such information and data with any third party with whom My Post
Rotator has a contractual relationship to provide the requested product, service or
functionality on behalf of www.mypostrotator.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 My Post Rotator’s systems and an
account will be created automatically for you. If Customer connects to My Post Rotator
through Facebook, either when Customer Registers or after registration, My Post Rotator
will collect, store, and use in accordance with this My Post Rotator’s Privacy Policy and
any and all information Customer agreed that Facebook could provide to My Post
Rotator through it’s API.
By utilizing Facebook Connect, Customer consents to the interconnection maintained
between Facebook Connect and My Post Rotator 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 My Post Rotator
account or otherwise connect to My Post Rotator through Facebook. The information
that My Post Rotator may access, collect and store may include the following, among
other information, as allowed by Customer, Facebook’s API, and Customer’s privacy
settings:
1) Customer’s name;
2) Customer’s profile picture;
3) Customer’s email address;
4) Customer’s gender;
5) Customer’s birthday;
6) Customer’s location (i.e. city);
7) the names and pictures of Customer’s Facebook friends;
8) Customer’s interests and affinity networks;
9) Other information Customer makes publicly available through Facebook.
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 Customers 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
www.mypostrotator.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to My Post Rotator 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 My Post
Rotator 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. My Post Rotator’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 My Post Rotator
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 My Post Rotator or our licensors except as expressly
authorized by these Terms.
Third Party Accounts
You will be able to connect your My Post Rotator account to third party accounts. By
connecting your My Post Rotator 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 My Post Rotator 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 My Post Rotator Content accessed through www.mypostrotator.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 My Post Rotator, 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. My Post Rotator 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 My Post Rotator 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 My Post Rotator
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.
My Post Rotator 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. My Post Rotator
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 My Post Rotator 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
My Post Rotator 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 My Post Rotator as a result of this agreement or use of the
Site. My Post Rotator’s performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of My Post
Rotator’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
My Post Rotator 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 My Post Rotator with respect to the Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral or
written, between the Customer and My Post Rotator 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
My Post Rotator reserves the right, in its sole discretion, to change the Terms under
which www.mypostrotator.com is offered. The most current version of the Terms will
supersede all previous versions. My Post Rotator encourages periodic review the Terms
to stay informed of any updates.
Contact Us
My Post Rotator welcomes all questions or comments regarding the Terms:
Email Address: support@mypostrotator.com