TERMS OF USE

 

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SERVICE.  ANY USE OF THIS WEBSERVICE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SERVICE IMMEDIATELY.

 

USER AGREEMENT

The following are terms of a legal agreement (the “Agreement”) between you and Impossibility Labs Inc (“Impossibility Labs”) that sets forth the terms and conditions for your use of the Postcardsbot services (the “Service”).  The Service includes bots and site http://postcardsbot.com/ . The Service is owned and operated by Impossibility Labs.  This Service is being provided to you expressly subject to this Agreement.  By accessing, browsing and/or using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.  The terms and conditions of this Agreement form an essential basis of the bargain between you and Impossibility Labs.

 

Impossibility Labs reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement using  the Service. You should check this Agreement periodically for changes.  All changes shall be effective upon posting.  Your continued use of the Service after any change to this Agreement constitutes your agreement to be bound by any such changes. Impossibility Labs may terminate, suspend, change, or restrict access to all or any part of this Service without notice or liability.

 

SHORT SUMMARY

Before reading Terms of use you can look through the main points we want you to know about Terms of use and our Privacy policy:

  • Your personal information is used for limited purposes. We’ll need name and address of your addressee so we can provide you with our Service.

  • We support Do Not Track function but it limits most of our functions.

  • You stay in control of your copyrights.

  • You are solely responsible for your content and the consequences of its publication, and solely responsible for keeping your messenger account password secure. Impossibility Labs is not liable for any unauthorized use of your messenger account, but you may be liable if this unauthorized use causes losses for Impossibility Labs or the others.

  • The user grants us a worldwide, non-exclusive, royalty-free license that is sublicenseable and transferable, and that can be used without limitation for the promotion of the service, in any media format and through any media channel, provided it is in connection with Impossibility Labs, its successors' and affiliates'.

  • You can request to delete your data and to leave the service.

  • We can remove your content at any time and without prior notice.

  • We reserve the right to decide if your uploaded information violates other parties rights. The content may be removed and the user's account terminated without prior notice and in the sole discretion of Impossibility Labs.

  • We work only with users over 16 years old age.

  • Terms may be changed any time at their discretion, without notice to the user.

  • We work under jurisdiction and law of California.

 

LIMITATIONS OF USE

The copyright in all material on this Service, except for data (images, text etc.) users upload on Service, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by Impossibility Labs or by the original creator of the material and is protected by U.S. and International copyright laws and treaties.  You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Impossibility Labs.  You acknowledge that the Content is and shall remain the property of Impossibility Labs. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.  The use of the Content on any other Service, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Impossibility Labs’s prior written approval.  You also may not, without Impossibility Labs’s express written permission, “mirror” any material contained on this Service on any other server.  Any unauthorized use of any Content on this Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

 

You agree to use the Content and Service only for lawful purposes.  You are prohibited from any use of the Content or Service that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability.  Any unauthorized use of the Service, including but not limited to unauthorized entry into Impossibility Labs’s systems or misuse of any information posted on the Service is strictly prohibited.  Impossibility Labs makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States.  If you access this Service from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.  Your eligibility for particular products or services is subject to final determination by Impossibility Labs. Users of the Service must be 16 years of age or older.

 

CONTENT AND USE RESTRICTIONS

You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available through the Service or on any other website/Service, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Impossibility Labs user or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Service, or obtained or obtainable from sources unrelated to the Service (such as from a “Google® search” or other online research).

 

You agree to not to use the Service or any Content to send, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Impossibility Labs users or other third party. In order to protect Impossibility Labs users from such advertising or solicitation, Impossibility Labs reserves the right to restrict the Service for user who violates these rules.

 

TRADEMARKS

Postcardsbot (including the logo), postcardsbot.com, and all related logos (collectively the “Impossibility Labs trademarks”) are trademarks or service marks of Impossibility Labs.  Other company, product, and service names and logos used and displayed on this Service may be trademarks or service marks owned by Impossibility Labs or others.  Nothing on this Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Impossibility Labs trademarks displayed on this Service, without our prior written permission in each instance.  You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Service unless in accordance with written authorization by us.  Impossibility Labs prohibits use of any of the Impossibility Labs trademarks as part of a link to or from any Service unless establishment of such a link is approved in writing by us in advance.  Any questions concerning any Impossibility Labs Trademarks, or whether any mark or logo is a Impossibility Labs Trademark, should be referred to Impossibility Labs.

 

LINKS TO THIRD-PARTY SERVICES

This Service may contain links to Services/websites controlled, owned, and operated by third parties (the “third-party Services”).  Impossibility Labs cannot control and has no responsibility for the accuracy or availability of information provided on the third-party Services/sites.  You acknowledge that use of any third-party Service/site is governed by the terms of use for those Services/sites, and not by this Agreement.  Links to third-party Services/sites do not constitute an endorsement or recommendation by Impossibility Labs of such Services or the content, products, advertising or other materials presented on such Services, but are only for your convenience and you access them at your own risk.  Such third-party Services may have a privacy policy different from that of Impossibility Labs and the third-party Service/site may provide less security than this Service.  Impossibility Labs is not responsible for the content of any third-party Services/sites, nor does Impossibility Labs make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party Services/webstites, and Impossibility Labs shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such Services or otherwise.

 

DISCLAIMER OF WARRANTIES

NONE OF Impossibility Labs, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “Impossibility Labs PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND Impossibility Labs DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

 

THIS SERVICE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. Impossibility Labs PARTIES DO NOT WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

 

Impossibility Labs MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SERVICE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU.  ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND Impossibility Labs PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION.  Impossibility Labs RESERVES THE RIGHT TO TERMINATE ANY OR ALL SERVICE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU.  THIS SERVICE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  USE OF THIS SERVICE IS AT YOUR OWN RISK.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL Impossibility Labs PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SERVICE OR ANY THIRD-PARTY SERVICE TO WHICH THIS SERVICE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF Impossibility Labs PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. Impossibility Labs IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SERVICE IS TO STOP USING THE SERVICE. IF YOUR USE OF MATERIALS FROM THIS SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT Impossibility Labs PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

INDEMNIFICATION

You agree to indemnify and hold harmless Impossibility Labs Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Impossibility Labs Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, send, post to or transmit through the Service, or (ii) your use of the Service in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Impossibility Labs Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Impossibility Labs. You further agree to indemnify and hold harmless Impossibility Labs Parties from any claim arising from a third party’s use of information or materials of any kind that you upload/post to the Service.

 

MONITORING OF THE SERVICE

Impossibility Labs has no obligation to monitor the Service; however, you acknowledge and agree that Impossibility Labs has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service, or to protect itself, users of the Service or third parties.

 

SUBMISSIONS TO THE SERVICE

By uploading data you are confirming that all remarks, discussions, ideas, concepts, know-how, techniques, graphics, images/pictures or other submissions communicated to Impossibility Labs through this Service (collectively, “Submissions”)  is yours—no one else's—and that the uploading and use of your Submissions does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or human rights of somebody else. If we learn that you are infringing others' rights or are using Submissions that is not yours, Impossibility Labs has the right to remove these Submissions and you agree that you are responsible for any costs associated with the infringement.

 

When you upload Submissions to the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, stream, post publicly display (e.g. post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or is later developed, for any purpose, including a commercial purpose.

 

Impossibility Labs may manipulate Submissions (including transcoding and/or reformatting) to offer better Service for Users. Impossibility Labs may moderate User’s Content. However, we are not responsible for what you have uploaded and we are under no obligation to modify or remove any inappropriate Submissions. All responsibility for the offensive or innapropriate Submissions takes the User who uploads Submissions.

 

USE OF PERSONALLY IDENTIFIABLE INFORMATION

Impossibility Labs’s practices and policies with respect to the collection and use of personally identifiable information are governed by Impossibility Labs’s Privacy Policy.

 

AVAILABILITY

This Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation.  By offering this Service and Content no distribution or solicitation is made by Impossibility Labs to any person to use the Service or Content in jurisdictions where the provision of the Service and/or content is prohibited by law.

 

TERMINATION

This Agreement is effective until terminated by Impossibility Labs.  Impossibility Labs may terminate this Agreement  at any time without notice, or suspend or terminate your access and use of the Service at any time, with or without cause, in Impossibility Labs’s absolute discretion and without notice.  The following provisions of this Agreement shall survive termination of your use or access to the Service: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Service.

 

WAIVER

Failure by Impossibility Labs to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

 

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement and all other aspects of your use of the Service shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules.  You agree that you will notify Impossibility Labs in writing of any claim or dispute concerning or relating to the Service and the information or services provided through it, and give Impossibility Labs a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Impossibility Labs.

 

OTHER AGREEMENTS

This Agreement shall be subject to any other agreements you have entered into with Impossibility Labs.

 

ADDITIONAL TERMS

Certain sections or pages on the Service may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement.  In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

 

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

 

GENERAL PROVISIONS

This Agreement supersedes any previous Terms of Use Agreement to which you and Impossibility Labs may have been bound.  This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the Service (Content or Submissions) infringe your copyrights, notifications of claimed copyright infringement should be sent to Impossibility Labs.  Notification should include:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material you claim is infringing is located on the Service or was used via Service;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf 

 

CONTACTING US

If you have questions regarding the Agreement or the Service of Impossibility Labs, please contact us by e-mail [email protected] or use other official contacts posted on Service.