Terms

Terms of Service (Brandesto)

Welcome to Brandesto!

These Terms govern your use of Brandesto and the products, features, apps, services, technologies, and software we offer (the Brandesto Products or Products), except where we expressly state that separate terms (and not these) apply.

1. Our Services

Our mission:

1) Give consumers the ability to find the best products at the right price from shops they like or kinds of products they choose.

2) Give businesses the ability to promote their products to consumers who choose to get informed of those products and their prices and offers.

Posting updates through Brandesto enables merchants to directly communicate relevant and timely information to our users. We’ve written these policies to help ensure any published content creates a positive experience for users. We also occasionally modify these policies, so please check back here for any updates.

Terms of Service (Postedia)

Welcome to Postedia!

These Terms govern your use of Postedia and the products, features, apps, services, technologies, and software we offer (the Postedia Products or Products), except where we expressly state that separate terms (and not these) apply.

By using any of our Services, you agree to be bound by, and use our Services in compliance with, these Terms & Conditions. By agreeing to these Terms, you warrant that you are authorized to agree to these Terms on behalf of you and/or your company. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT USE OUR WEBSITE OR ANY SERVICES.

We may make changes to these Terms from time to time. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.

1. Our Services

Our mission:

1) Give businesses the ability to promote their business through third party apps and websites that use Postedia

2) Give app and websites developers the ability to promote such apps and websites to consumers through businesses, registered with Postedia, who are keen to promote those apps and websites.

3) Give designers the ability to develop and supply good designs and templates for App and Website developers as well as businesses to use with this platform.

We provide banners, image badges, posters, etc. for businesses to promote themselves through posters, apps and websites.

Provide a safe experience for you:

Consumers and businesses will only use Postedia if they feel safe. We try to employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. We share data with other Postedia Companies and products when we detect misuse or harmful conduct by someone using one of our Products.

Use and develop advanced technologies to provide safe and functional services for everyone:

We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Postedia or Instagram. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.

Research ways to make our services better:

We try to engage in research and collaborate with others to improve our Products. One way we do this is by analyzing the data we have and understanding how consumers and businesses use our Products.

Enable global access to our services:

To operate our global service, we need to store and distribute content and data in data centers and systems that we use around the world, including outside your country of residence. This infrastructure may be operated or controlled by Postedia or its affiliates.

Our limitations:

In certain situations, we use third-party services for ours to work. Also, some of our services could only be used by you along with services provided by third-parties (e.g.: app stores). You have to follow the terms and privacy acceptable to such third-party service providers. If any such third-party service providers change their policy or they disallow our use of their services to you or us, it could affect our services provided to you and in such occasion our services to you may change or could be paused or terminated for you.

In certain cases badges, posters and banners from us could me mutilated, wrong or not rendered correctly. Please let us know of such situations and we will try to rectify it as soon as we could. If you find that such issues are not fixed on time, as expected by you, please discontinue the service from us until we fix the issue.

You have to take due care and diligence when using our services to avoid any unforeseen losses or damage to your business. Such decisions are solely yours and you are solely responsible for any such loss, damage, etc.

2. Using our Services

License to Use Our Services:

Subject to your compliance with these terms and conditions, Postedia grants you a limited, non-transferable, non-exclusive, revocable, license to: (a) access and use the Services; and (b) use any Postedia API and any Postedia SDKs to integrate, and interface your mobile applications ("Apps") and/or website(s) with the Services in association with Postedia’s provision of the Services to you. Your rights to access and use the Services, including your use of any Postedia API and any Postedia SDKs, are limited by all terms and conditions set forth in these Terms.

Access to our services; restrictions:

You must comply with all applicable laws when using the Services. Except as expressly permitted under these Terms, you will not, and will not permit anyone else to: (a) make the functionality of the Services, any Postedia API and/or any Postedia SDKs available to any third party through any means, including, without limitation, any hosting, application services provider, service bureau, or other type of service; (b) use any automated tool (e.g., robots, spiders) to access or use the Services; (c) rent, lease, or sublicense your access to the Services to another person; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Services; (e) use the Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services; (f) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services; or (g) use the Services in connection with any Apps or websites that are directed to children under 13 (and in certain jurisdictions under the age of 16), without first obtaining the requisite parental consent under applicable law.

Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services.

Postedia may, but is under no obligation to, maintain, support, update, or provide error corrections for any basic Postedia API, any Postedia SDKs and the Services. Any customer-specific service level agreements (SLAs) for paid service(s) will be delineated in a specific Order Form. If Postedia provides you with an update or maintenance release for any Postedia API or any Postedia SDKs, unless you receive a separate license from Postedia for that update or release that expressly supersedes these Terms, such update or release will be subject to the terms and conditions of these Terms.

You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Postedia is not responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.

Restricted areas of the services:

Certain parts of the Services, including account management features, may be password-restricted to registered users or other authorized persons ("Password-Protected Areas"). You may select individuals (employees or independent contractors) to access and use the Services and you may obtain separate credentials, e.g., user IDs and passwords, from Postedia for such individuals (each, an "Authorized User").

You will at all times be responsible for all actions taken under an Authorized User’s account, whether or not such action was taken by an Authorized User or by another party, and whether or not such action was authorized by an Authorized User. You are responsible for the security of each Authorized User’s credentials and will not share (and will instruct each Authorized User not to share) such credentials with any other person or entity or otherwise permit any other person or entity to access or use the Services.

3. Our Data Policy and Your Privacy Choices

To provide these services, we must collect and use your personal data. We detail our practices in the Data Policy, which you must agree to in order to use our Products.

4. Content used.
Relevant content:

Published content should be relevant to the business that the author is posting on behalf of and help users better understand the business. Content that is irrelevant to the business or has no clear association with the business is not allowed. Please also refer to our overall guidelines on representing your business on Postedia.

Spam, malware, and deceptive behavior:

Content published on this service should not be misleading to users and should be upfront and honest about the information being presented.

Examples of such content that is not allowed includes:

Repetitive content, misspellings, gimmicky character use, gibberish, or automated or distracting content (such as strobe effects, blurry or poor image quality or unrecognizable content)

Images, videos or links that negatively distracts user attention

Links to malware, viruses, or other harmful software

Links to sites irrelevant to the business

Impersonating an organization or individual

Do not use our services for phishing scams

Inaccurate promotion information that omits or obfuscates how the user will be billed or charged

Adult content:

Content published on this service should not include any sexually suggestive or sexually explicit content. Images or video published on this service should not include nudity or sex acts. Content must not include profanity, slang terms that are sexually graphic and offensive, terms that are common signals for pedophilia, content that promotes pedophilia, bestiality, sexual violence, or content that promotes escort services or other services that may be interpreted as providing sexual acts in exchange for compensation. Links to adult content are not permitted.

Hateful or harassing content:

This service does not allow harassing, bullying, or hateful content. Published content must not promote hatred or incite violence against individuals or groups based on ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity. Text, images, videos, or links cannot include slurs or derogatory epithets for protected groups. Content cannot be used to harass or bully individuals, including direct physical threats or exposing private information that could be used to carry out implied threats.

Personal and confidential information

Do not distribute other people’s personal and confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, without their permission. Do not post or distribute images or videos of minors without the necessary consent from their legal representatives. Report a violation

Child exploitation:

Do not upload or share content that exploits or abuses children. This includes all child sexual abuse imagery (even cartoon images) and all content that presents children in a sexual manner. We will remove such content and take appropriate action, which may include disabling accounts and reporting to the National Center for Missing & Exploited Children (NCMEC) and law enforcement. Note that this policy may additionally apply to any content uploaded or transmitted through our Services.

If you find any content that you think exploits children in this manner, do not +1, reshare or comment on such content, even if your intent is to bring it to Postedia’s attention. Instead, flag the content through the ‘Report Abuse’ link. If you find content elsewhere on the internet, please contact NCMEC directly.

Graphic violent content:

Content that promotes or encourages violence, or that graphically depicts injuries, abuse of humans or animals, or violent acts are not permitted on this service. Additionally content that is likely to shock or disgust is not permitted.

Impersonation:

Do not use our Services to mislead or confuse users by pretending to be someone else or pretending to represent an organization you do not represent.

Regulated goods and services:

Content authors are responsible for ensuring that their posted content comply with all applicable laws and regulations.

We do not allow content related to regulated products and services, including alcohol, gambling, financial services, pharmaceuticals and unapproved supplements or health/medical devices.

Content that is related to the sale of dangerous and illegal products, services, or activities that cause damage, harm or injury is not permitted. Examples of unpermitted content include: recreational drugs, weapons, fireworks and instructions for making explosives, tobacco products and detailed instructions for or otherwise encourage criminal activity that would lead to real-world harm.

Links and third-party content:

The Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitute part of the content expressed, authored, or made available by other users or other third parties on the Services, or which is accessible through or may be located using the Services (collectively, "Third-Party Content") are those of the respective authors or producers and not of Postedia or its shareholders, directors, officers, employees, agents, or representatives. Postedia does not control Third-Party Content and does not guarantee the accuracy, integrity or quality of such Third-Party Content. Postedia is not responsible for the performance of, does not endorse, and is not responsible or liable for, any Third-Party Content or any information or materials advertised in any Third-Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third-party service or Third-Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.

5. Your Commitments to Postedia and Our Community

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

1. Who can use Postedia?

You must:

Use the official name and not any other names.

Provide accurate information about yourself and your business.

Not share your password, give access to your Postedia account to others, or transfer your account to anyone else (without our permission).

We try to make Postedia broadly available to everyone, but you cannot use Postedia if:

You are under 13 years old (or the minimum legal age in your country to use our Products).

We previously disabled your account for violations of our terms or policies.

You are prohibited from receiving our products, services, or software under applicable laws.

2. What you can do on Postedia

We want Postedia users to use Postedia to promote their business, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

You may not use our Products to do or share anything:

That violates these Terms, our Community Standards, and other terms and policies that apply to your use of Postedia.

That is unlawful, misleading, discriminatory or fraudulent.

That infringes or violates someone else's rights.

You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.

You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.

We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's or businesses intellectual property rights.

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

3. The permissions you give us

We need certain permissions from you to provide our services:

Permission to use content you create and share: You own the content you create, submit or share on Postedia and the other Postedia Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.

Specifically, when you share, post, or upload content that is covered by intellectual property rights (like written content, diagrams, logos, photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Postedia, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Postedia Products you use.

You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.

Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on Postedia next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in certain activities and products that are promoted through Postedia.

Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.

4. Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Postedia), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines (if available) or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

6. Additional provisions

1. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Postedia community, you can delete your account at any time.

2. Account suspension or termination

We want Postedia to be a place where people and businesses feel welcome and safe.

If we determine that you have violated our terms or policies, we may take action against your account to protect our platform, community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will try to notify you about your account the next time you try to access it. You might be able to learn more about what you can do if your account has been disabled.

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 5, 6.2-6.5

3. Limits on liability

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Postedia Products, even if we have been advised of the possibility of such damages.

4. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

You agree that any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Postedia Products ("claim"), must be resolved exclusively in the courts of NSW, Australia, and that the laws of the State of NSW, Australia will govern these Terms and any claim, without regard to conflict of law provisions.

5. Other

These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Postedia, Inc. regarding your use of our Products. They supersede any prior agreements.

Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.

If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.

These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

You should know that we may need to change the username for your account in certain circumstances.

We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

We reserve all rights not expressly granted to you.

Date of Last Revision: May 25th, 2018