THE TOWN POST™

TERMS OF SERVICE


THE TOWN POST community event planning mobile application is provided by THE TOWN POST, LLC, located in the state of Connecticut, USA. These Terms of Service ("Terms") govern your access to and use of THE TOWN POST event planning mobile application (“THE TOWN POST”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using THE TOWN POST application, you agree to be bound by these Terms and by our Privacy Policy.

  
WHO CAN USE THE TOWN POST 
You may upload to THE TOWN POST community event planning mobile application only if you provide your legal name, you are18 years of age or older and can form a binding contract with THE TOWN POST and only in compliance with these Terms and all applicable laws. When you create your TOWN POST account, you must provide us with accurate and complete information and to promptly update this information as needed.You are responsible for maintaining the confidentiality of your password.  We automatically upgrade THE TOWN POST mobile application and these Terms apply to such upgrades.  


ACCEPTABLE USE
THE TOWN POST is a way to connect with your community through social gathering and events. People must feel safe and comfortable, therefore we require everyone to agree to and follow these Terms. Different people may have different opinions on how we should enforce these Terms, but if there’s a question about whether something’s appropriate for our community, we will err on the side of removing the event.


An unacceptable post is one that…


Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm. 
  
Attacks, bullies or harasses people.  THE TOWN POST seeks to maintain a safe and comfortable posting environment for all individuals.

Contains profane, abusive, vulgar, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks or a personal, racial or religious nature.

Promotes self-harm, eating disorders or drug abuse.  Promoting dangerous behavior is unacceptable.  However, legitimate settings with legitimate organizations who help people who are struggling with such conditions can post. 

Is sexually explicit, contains pornographic exploits, promotes adult sexual services, provides sexually explicit images or presents minors in a sexual way.  For example, we don’t allow pornography, promotion of escort services, prostitution or other adult sexual services. We will report to the National Center for Missing and Exploited Children. Contact THE TOWN POST Steward to report such content. 

Infringes on anyone's intellectual property, privacy or other rights.  We encourage original artwork, images and writing. If something infringes on someone’s intellectual property, privacy or other rights, we will take it down. You represent and warrant that you own or otherwise have all necessary rights to the content you provide and the rights to provide it under these Terms.

Is defamatory, threatening, disparaging, false, inflammatory, unfair, contains gross exaggeration or unsubstantiated claims.

Is fraudulent or deceptive.  We want people to be able to explore their interests without worrying about scams. So, we’ll take down anything that tries to trick others for financial or personal gain.

Violates or encourages violation of any municipal, state, federal law, rule, regulation or ordinance.

Uses someone else's personal information or requests a minor's personal information.  To make sure people feel safe and comfortable exploring their interests here, we don’t allow anything that reveals other people’s personally identifiable information. We also don’t tolerate asking minors for their personally identifiable information. 


How To Report An Offensive Post
If you come across a post that seems to disregard the Terms, you can “flag it” to report it to us. Our team will take a look and remove the posting if it violates our rules.  In addition, we may refer such postings to local law enforcement.


USER CONTENT
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use THE TOWN POST community event application. 


Posting content 
THE TOWN POST allows you to upload content and images.  Anything that you upload or otherwise make available on THE TOWN POST is referred to as "User Content." You are solely responsible and liable for, the User Content you upload to THE TOWN POST.


How we use your content 
You grant THE TOWN POST a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on THE TOWN POST solely for the purposes of operating, developing, providing, and using THE TOWN POST community event application. Nothing in these Terms shall restrict other legal rights THE TOWN POST may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason including User Content that we believe violates these Terms.

THE TOWN POST showcases creative event ideas and poster art on our social networks in order to inspire others to host similar events within their communities. Users can tap “awesome” to nominate outstanding posts within their hometowns. The first paragraph and poster art of the most awesome events may appear on our social networks. We recommend omitting personal data from your poster art or descriptive first paragraph, as they may be seen by the general public.


How long we keep your content 
Following (1) termination of your TOWN POST event, (2) deactivation of your TOWN POST account, or (3) your removal of User Content from THE TOWN POST, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.


FEEDBACK
We value hearing from our users and we are always interested in learning about ways we can make THE TOWN POST better. If you choose to submit comments, ideas or feedback, then you agree we are free to use such information without any restriction or compensation to you. By accepting your submission, THE TOWN POST does not waive any rights to use similar or related Feedback previously known to THE TOWN POST, or developed by its employees, or obtained from sources other than you.


SECURITY
We care about the security of our users. Our server provides the highest level of redundancy and encryption.  Our financial transactions are secured through our third-party payment processor and follow their protocols. However, although we work to protect the security of user content and account, THE TOWN POST cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.


THIRD-PARTY LINKS, SITES, AND SERVICES
THE TOWN POST may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by THE TOWN POST. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from THE TOWN POST, you do so at your own risk and you agree that THE TOWN POST will have no liability arising from your use of or access to any third-party website, service, or content.


TERMINATION
THE TOWN POST may terminate or suspend this license at any time, with or without cause or notice to you. 


INDEMNITY
If you use THE TOWN POST application, you agree to indemnify and hold harmless THE TOWN POST and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of THE TOWN POST, (b) your User Content, or (c) your breach of any of these Terms.


DISCLAIMERS
THE TOWN POST and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. 
THE TOWN POST takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using THE TOWN POST application. Although THE TOWN POST monitors submissions and encourages “flagging” by its users of objectionable content, you understand and agree that you may be exposed to User Content that is inaccurate and which you may consider objectionable, inappropriate for children, or otherwise unsuited to your purpose.


LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOWN POST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY DOWNLOAD, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE POSTS AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).


ARBITRATION
For any dispute you have with THE TOWN POST, you agree to first contact us and attempt to resolve the dispute with us informally. If THE TOWN POST has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and THE TOWN POST agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that THE TOWN POST will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE POST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Connecticut, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Fairfield County, CT for any actions not subject to Section 10 (Arbitration). 
THE TOWN POST is controlled and operated from the United States, and we make no representations that it is appropriate or available for use in other locations.


NOTIFICATION OF CHANGES IN TERMS/ASSIGNMENT/SEVERABILITY
Notification Procedures and changes to these Terms. THE TOWN POST reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website and within the application. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use THE TOWN POST after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using THE TOWN POST.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THE TOWN POST without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. These Terms, together with the Privacy Policy, any amendments and any additional agreements you may enter into with THE TOWN POST in connection with the application, shall constitute the entire agreement between you and THE TOWN POST concerning the application. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and THE TOWN POST’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 

 

PRIVACY RULES
We collect information in two ways:

1. When you give information to us or give us permission to obtain it.
When you sign up for THE TOWN POST, you voluntarily give us certain information. This includes your name, the email address you used to sign up, and your location data. You may additionally offer to provide your age group and gender which will help us to understand who our users are.
You may also give us permission to access your information in other services. For example, you may signup to The Town Post using your Facebook account, which allows us to obtain your name, age, gender and email address. We do not post to Facebook on your behalf.  


2. We also get technical information when you use THE TOWN POST or when you use websites or apps that have THE TOWN POST features. 
Using a website, mobile application, or other Internet service typically generates certain information that almost always gets recorded automatically. The same is true when you use THE TOWN POST. Here are some of the types of information we collect:


Log Data. When you use THE TOWN POST or go to a webpage or use an app that has THE TOWN POST features, our servers automatically record information (“log data”) including information that your browser sends when you visit the website, or information your mobile app sends when you are using it. This log data may include your Internet Protocol address, the address of the web pages you visited that had THE TOWN POST features, browser type and settings, the date and time of your request, how you used THE TOWN POST, and cookie data. 


Cookie data. Depending on how you’re accessing our products, we may use “cookies” (a small text file sent by your computer each time you visit our website, unique to your THE TOWN POST account or your browser), or similar technologies to record log data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to store your language preferences or other THE TOWN POST settings so you don‘t have to set them up every time you visit THE TOWN POST. Some of the cookies we use are associated with your THE TOWN POST account (including personal information about you, such as the email address you gave us), and other cookies are not. 


Device Information. In addition to log data, we may also collect information about the device you’re using THE TOWN POST on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider. 


How do we use the information we collect?
We use the information we collect to provide THE TOWN POST to you and to make it better, develop new services, and protect THE TOWN POST and our users.


What choices to do you have about your information?
You may link or unlink your TOWN POST account from Facebook at any time.
You may Opt Out of providing your age group or gender from within the app settings.
You may choose to close your account at any time. When you close your account, it will deactivate.  We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam).


How do we share the information we collect?
THE TOWN POST is a method people use to find community events in which to participate.   When you create event posts, anyone can view them.
We may employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy
If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or THE TOWN POST; or to detect, prevent, or otherwise address fraud, security or technical issues. 
We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
We may also share aggregated or non-personally identifiable information with our partners or others. For example, we may tell a business using THE TOWN POST how many people looked up a certain category of event or what type of posted information generated more hits than other approaches, or the percentage of people who click on an announcement after viewing its introduction. 

COPYRIGHT RULES

THE TOWN POST respects the intellectual property rights of others and expects its users to do the same. It is THE TOWN POST's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, THE TOWN POST will respond expeditiously to claims of copyright infringement committed using THE TOWN POST application that are reported to THE TOWN POST’s Designated Copyright Agent, identified in the sample notice below. 


If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to THE TOWN POST’s Designated Copyright Agent. Upon receipt of the Notice as described below, THE TOWN POST will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. 


DMCA Notice of Alleged Infringement ("Notice").
Copyright Complaint Form


1.Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2.Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found
3.Provide your mailing address, telephone number, and, if available, email address.
4.Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5.Provide your full legal name and your electronic or physical signature. 
Deliver this Notice, with all items completed, to THE TOWN POST, 154 Leroy Avenue, Darien, CT  06820.  Tel:  203.424.0366.  Fax:  203.656.  Email:  copyright@thetownpost.com


What if I receive a Copyright Complaint (DMCA) notification?
If you receive a notification that a post has been removed due to a copyright complaint, it means that your post has been deleted from THE TOWN POST at the request of the content's owner. If your account receives too many copyright complaints, you will lose the ability to post new content on THE TOWN POST, and your account will be disabled completely.
If you believe a post was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account's record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.


How to File a Counter-Notice

  1. Email your counter-notice to copyright@thetownpost.com.
  2. Include your name, address, and telephone number. The DMCA ID printed at the bottom of the notification email. The insertion date of the content that was removed.
  3. Include a statement under penalty of perjury that you have a good faith belief that the content was removed in error.
  4. Include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located.
  5. Provide a physical or electronic signature