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:

  1. the personal data are no longer necessary in relation to the purposes for which

they were collected or otherwise processed;

  1. 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;

  1. 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);

  1. the personal data have been unlawfully processed;
  2. 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;

  1. 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