Terms of Service
1. Your Acceptance
RECYCLEPOST provides an online community forum and marketplace, (referred to hereafter as "the Service") subject to the following Terms of Service ("Terms"). By using the Service in any way, you agree to comply with the Terms. In addition, when using RECYCLEPOST services, you agree to abide by any applicable posted guidelines for all RECYCLEPOST services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with RECYCLEPOST in any way, your only recourse is to immediately discontinue use of RECYCLEPOST. RECYCLEPOST has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.
A. By using or visiting the RECYCLEPOST website or any RECYCLEPOST products, software, data feeds, and services provided to you on, from, or through the RECYCLEPOST's website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) RECYCLEPOST's privacy notice, found at: http://recyclepost.com/index.php?option=com_content&view=article&id=7:recyclepost-privacy-policy and incorporated herein by reference, and (3) RECYCLEPOST's Community Guidelines, found at: http://www.RecyclePost.com/community_guidelines and also incorporated herein by reference. If you do not agree to any of these terms; the RECYCLEPOST privacy notice, or the Community Guidelines, please do not use the Service.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at: http://www.recyclepost.com/index.php/10-recyclepost-terms-of-service. RECYCLEPOST may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
2. Service
A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of RECYCLEPOST, including but not limited to all products, software and services offered via the RECYCLEPOST website.
B. The Service may contain links to third party websites that are not owned or controlled by RECYCLEPOST. RECYCLEPOST has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, RECYCLEPOST will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve RECYCLEPOST from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
3. RecyclePost Accounts
A. In order to access some features of the Service, you will have to create a RECYCLEPOST account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RECYCLEPOST immediately of any breach of security or unauthorized use of your account.
B. Although RECYCLEPOST will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RECYCLEPOST or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
RECYCLEPOST hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute, in any medium, any part of the Service or the Content without RECYCLEPOST's prior written authorization, unless RECYCLEPOST makes available the means for such distribution through functionality offered by the Service.
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means RECYCLEPOST may designate.
D. You agree not to use the Service for any of the following commercial uses unless you obtain RECYCLEPOST's prior written approval:
· the sale of access to the Service;
· the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
· the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service.
(Prohibited commercial uses do not include any use that RECYCLEPOST expressly authorizes in writing)
E. If you use the RPEmbeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the RPEmbeddable Player, including but not limited to links back to the RECYCLEPOST website.
F. If you use the RECYCLEPOST uploader, you agree that it may automatically download and install updates from time to time from RECYCLEPOST. These updates are designed to improve, enhance and further develop the uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit RECYCLEPOST to deliver these to you) as part of your use of the uploader.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the RECYCLEPOST servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, RECYCLEPOST grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. RECYCLEPOST reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
H. In your use of the Service, you will comply with all applicable laws.
I. RECYCLEPOST reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
You understand that all postings, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person who posted such Content. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post or otherwise make available via the Service. You understand that RECYCLEPOST does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the RECYCLEPOST site and the Content available through the Service may contain links to other websites that are completely independent of RECYCLEPOST. RECYCLEPOST makes no representation or warranty as to the accuracy, completeness, authenticity, salability, or fitness for any purpose of any content or information on other linked websites.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will RECYCLEPOST be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, sold, transferred, or otherwise received via the Service. You acknowledge that RECYCLEPOST does not pre-screen or approve Content, but that RECYCLEPOST shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for any reason.
Before posting Content, you must open a new store. RECYCLEPOST charges fees for membership, posting Items for sale, and fees on sales. These and other fees may change from time to time, and at any time at the sole discretion of RECYCLEPOST. RECYCLEPOST will attempt to notify you of added or new fees before they become effective.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to RECYCLEPOST, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by RECYCLEPOST on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of RECYCLEPOST or the respective licensors of the Content. RECYCLEPOST and its licensors reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that RECYCLEPOST is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RECYCLEPOST with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless RECYCLEPOST, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content
A. As a RECYCLEPOST account holder you may submit Content to the Service, including pictures, video and user comments. You understand that RECYCLEPOST does not guarantee any confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to RECYCLEPOST all patent, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to RECYCLEPOST, you hereby grant RECYCLEPOST a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and RECYCLEPOST's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your content from the Service. You understand and agree, however, that RECYCLEPOSTmay retain, but not display, distribute, or perform, server copies of your content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant RecyclePost all of the license rights granted herein.
E. You further agree that you will not submit to the Service any Content or other material that is contrary to the RECYCLEPOST Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. RECYCLEPOST does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and RECYCLEPOST expressly disclaims any and all liability in connection with Content. RECYCLEPOST does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and RECYCLEPOST will remove all Content if properly notified that such Content infringes on another's intellectual property rights. RECYCLEPOST reserves the right to remove Content without prior notice.
7. Your Conduct
You agree not to post, email, or otherwise make available Content
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in any form of sexual conduct;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a RECYCLEPOST employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful or constituting "bait and switch" tactics;
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the RECYCLEPOST site that are not designated for such purposes; or emailed to RECYCLEPOST users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Washington State law.
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
p) collect personal data about other users for commercial or unlawful purposes;
q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by RECYCLEPOST;
r) attempt to gain unauthorized access to RECYCLEPOST's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the RECYCLEPOST website;
s) post links to any other website in any format within any user submitted content.
8. Third Part Content, Products and Services
You agree that third parties provide Content, products, and services on the RECYCLEPOST site ("Offerings"), and RECYCLEPOST does not review any such Offerings.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that RECYCLEPOST shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that RECYCLEPOST is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release RECYCLEPOST, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." RECYCLEPOST provides a marketplace that allows users who comply with RECYCLEPOST's policies to offer, sell and buy various products and/or services. RecyclePost is not directly involved in the transaction between buyers and sellers, exercises no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. RECYCLEPOST does not pre-screen users or the content or information provided by the users, and so cannot ensure that a buyer or seller will actually complete a transaction. Consequently, you use RECYCLEPOST at all times and under all circumstances at your own risk.
Links from RECYCLEPOST to other websites are strictly prohibited, whether actual or implied, however "Green" members are allowed one link from their personal store pages to their personal website.
9. Account Termination Policy
You agree that RECYCLEPOST, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation.
Further, you agree that RECYCLEPOST shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
A. RECYCLEPOST will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
B. RECYCLEPOST reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. RECYCLEPOST may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
10. Modifications to this Agreement
RECYCLEPOST reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
11. Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify RECYCLEPOST's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at This email address is being protected from spambots. You need JavaScript enabled to view it. .
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RECYCLEPOST's designated Copyright Agent to receive notifications of claimed infringement can be contacted via email: This email address is being protected from spambots. You need JavaScript enabled to view it. . For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to RECYCLEPOST customer service through our Contact page. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
· Your physical or electronic signature;
· Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
· A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
· Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, RECYCLEPOST may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RECYCLEPOST's sole discretion.
12. Privacy and Information Disclosure
RECYCLEPOST has established a Privacy Policy to explain to users how their information is collected and used at: http://recyclepost.com/index.php?option=com_content&view=article&id=7:recyclepost-privacy-policy
Your use of the RECYCLEPOST website or the Service signifies acknowledgement of an agreement to our Privacy Policy. You further acknowledge and agree that RECYCLEPOST may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of RECYCLEPOST, its users or the general public.
13. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of RECYCLEPOST. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of RECYCLEPOST, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although RECYCLEPOST does not claim ownership of Content that others upload, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to RECYCLEPOST an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you automatically grant RECYCLEPOST all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
14. Disclaimer of Warranties
YOU AGREE THAT USE OF THE RECYCLEPOST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE RECYCLEPOST SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RECYCLEPOST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE RECYCLEPOST SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, RECYCLEPOST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RECYCLEPOST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE RECYCLEPOST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RECYCLEPOST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE RECYCLEPOST SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. RECYCLEPOST is not to be used in such jurisdictions. You are responsible for determining whether you are using RECYCLEPOST from such a jurisdiction.
15. Limitations of Liability
The Service is controlled and offered by RECYCLEPOST from its facilities in the United States of America. RECYCLEPOST makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
UNDER NO CIRCUMSTANCES SHALL RECYCLEPOST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RECYCLEPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE RECYCLEPOST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE RECYCLEPOST SITE OR THE SERVICE, FROM INABILITY TO USE THE RECYCLEPOST SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE RECYCLEPOST SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE RECYCLEPOST SITE OR THE SERVICE OR ANY LINKS ON THE RECYCLEPOST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE RECYCLEPOST SITE OR THE SERVICE OR ANY LINKS ON THE RECYCLEPOST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. RECYCLEPOST is not to be used in such jurisdictions. You are responsible for determining whether you are using RECYCLEPOST from such a jurisdiction.
16. Indemnity
You agree to indemnify and hold RECYCLEPOST, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. Ability to Accept Terms of Service
You should only use RECYCLEPOST paid services* if you are at least eighteen (18) years old or, if you are not, you have your parent's or legal guardian's consent. You must be capable of entering into a binding contract in whichever jurisdiction you reside, and in particular in Washington State, USA. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Service is not intended for children under 18. If you are under 18 years of age, then please do not use the Service.
*Paid services include FREE membership "give-a-ways", promotions, and all marketplace services including classified advertising and member stores.
18. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RECYCLEPOST without restriction.
19. General
You agree that: (i) the Service shall be deemed solely based in Washington State; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over RECYCLEPOST, either specific or general, in jurisdictions other than Washington. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and RECYCLEPOST that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms of Service, together with the Privacy Notice at http://recyclepost.com/index.php?option=com_content&view=article&id=7:recyclepost-privacy-policy and any other legal notices published by RECYCLEPOST on the Service, shall constitute the entire agreement between you and RECYCLEPOST concerning the Service. If any provision of these Terms of Service 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 of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and RECYCLEPOST's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. RECYCLEPOST reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RECYCLEPOST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Feedback
We welcome your questions and comments on this document via email:
This email address is being protected from spambots. You need JavaScript enabled to view it.
Dated: March 16, 2012
