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Terms of Service

1. Acceptance of Terms

CodeOp, LLC (CodeOp) provides a collection of online resources under the service mark, PostPin(tm), which services include, classified ads, forums, referrals, merchant ratings and various other services. CodeOp, reserves the right to add to or delete any services it currently offers for any reason or for no reason at all. Such services are hereinafter collectively referred to as the "Service" and are offered subject to the following Terms of Service ("TOS") which may be amended from time to time. CodeOp will provide notice of materially significant changes to the Terms by posting notice to that effect on the PostPin web site. You can review the most current version of the Terms at: http://www.postpin.com/tos.html. Your use of the Service in any way constitutes your acceptance of these TOS. In addition, when using any particular PostPin services, you agree to comply with any posted guidelines and/or rules for such particular services. Like these TOS, such rules and/or guidelines may change from time to time at the discretion of CodeOp. Should you object to any portion, term or condition of these TOS, or to any guidelines or rules, as any of same may be modified or amended from time to time, your only recourse is to immediately discontinue your use of the Service.

2. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked to or from the Service, are the sole responsibility of the person with whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that CodeOp does not monitor, control or own any Content or any part thereof, not specifically created by or for CodeOp and made available to general users of the Service.  Accordingly, CodeOp is not responsible for any Content made available through the Service by third parties.  You understand that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the PostPin website and the Content may contain links to other websites, which are completely independent of PostPin. CodeOp makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such websites. If you visit or link to such other websites, you do so entirely at your own risk. You expressly agree that you must evaluate, determine the suitability of, and bear all risks associated with the use of any Content, in any manner.  YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL CODEOP 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, EMAILED, LINKED TO OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. You further acknowledge that CodeOp does not pre-screen, monitor or approve Content, however, CodeOp shall have the right (but not the obligation), exercisable at any time and in its sole discretion, to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason. ou further acknowledge that CodeOp may ban any user or group of users from, the service for any reason, without incurring any liability to such banned users.

 

3.Registering with PostPin

In order to take advantage of certain PostPin features, you may be required to register. For example, you may be required to register if you want to post consumer reviews of certain events, services or businesses in your community. CodeOp's use of any personal information that you provide to Postpin.com during any registration process shall not be sold or transferred to any third parties.

Your Account
If you register for a PostPin account, you will be allowed to post ratings and reviews about PostPin businesses and other user reviews. By having a PostPin account you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these TOS, CodeOp may, in its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that CodeOp believes is appropriate.

  • Posting Reviews on PostPin  CodeOp shall have the right, but not the obligation, to refuse to post or to remove any reviews containing:
    • Offensive language, including harmful or abusive language, expletives or profanities, obscenities, or hate speech, or harassing, vulgar, or sexually explicit language;
    • References to illegal activity;
    • Content that contains personal attacks;
    • Personal information, such as phone numbers, mailing addresses, e-mail addresses, personal Web sites, etc.;
    • Messages that are clearly advertising or commercial in nature and do not specifically relate to the subject at hand;
    • Content other than text, such as photos, sound, or other images;
    • Content determined by CodeOp to be illegal or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
    • Content that is not in English; that is encrypted; or that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system, data, or personal information; or
    • Content that violates the standards of good taste or the standards of PostPin, as determined by CodeOp in its sole discretion.

Reviews are not endorsed by CodeOp or PostPin
Reviews do not reflect the views of CodeOp, PostPin or their affiliated companies, employees, officers, directors, or shareholders.

CodeOp does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

  • Reviews are owned by CodeOp
    Reviews that are submitted to PostPin shall be owned exclusively and in perpetuity by CodeOp. Such exclusive ownership means that CodeOp and it affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. CodeOp is under no obligation to give credit or pay any consideration to you for your Reviews.
  • Contact Us
    If you see objectionable content or have any questions about these Terms of Use, please contact CodeOp at abuse@postpin.com.

 

3. Notice of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "Act") addresses the remedies available to copyright owners who believe that their proprietary rights have been infringed on an internet site accessed through an internet service provider. Under the Act, a copyright owner claiming unauthorized online use of protected works is required to provide specific notice of such claim to the Designated Agent of the host and request that the infringing material be removed or that access to the material be blocked.

If you believe in good faith that CodeOp and/or PostPin should be notified of a potential online copyright infringement occurring in any part of the Content, please promptly notify CodeOp's Designated Agent:

Director of Security
CodeOp LLC
119 Montague St. #9
Brooklyn, NY 11201
Phone: (718)522-9798
Fax: (253)369-9167
E-mail: abuse@postpin.com

To be effective under the Act, your notification to CodeOp's Designated Agent must be made in writing or by e-mail and must include the following:

  • Identification of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit CodeOp to locate the page or portion of the site on which the infringing material appears;
  •  Information reasonably sufficient to permit CodeOp to contact you, such as an address, telephone number, and if available, an electronic mail address;
  • A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement under penalty of perjury that the information in the notification is accurate and that you are either the owner of an exclusive right that has allegedly been infringed or are authorized to act on behalf of such owner; and,
  • Your physical or electronic signature (as either the owner of an exclusive right that is allegedly infringed, or as a person legally authorized to act on behalf of such owner).

Before you provide CodeOp with notification of a claimed infringement, you should carefully review your claim to ensure that it is accurate and made in good faith. Under the Act, there are substantial penalties for false claims.

Upon receiving proper notification of an alleged copyright infringement involving the posted material, CodeOp will review your claim and take appropriate action in accordance with our TOS.

If you have received notice from CodeOp of a claim of infringement made in relation to materials you placed on the PostPin site, and you believe in good faith that such claim has been wrongly made against you by the claiming party, you may submit a counter-notice to bring about a private dispute between you and the party claiming copyright infringement. You should provide your counter-notification to:

Director of Security
CodeOp LLC
119 Montague St. #9
Brooklyn, NY 11201
E-mail: abuse@postpin.com

Before you provide us with counter-notification denying a claim of infringement, you should carefully review your statement to ensure that it is accurate and made in good faith. Challenges to claims of infringement must be substantiated in court to withstand the claims by the copyright owner.

Please note: Do not send any other notices, including notifications of account termination, service complaints or any other communications, to the Designated Agent. The Designated Agent is appointed solely for the purpose of receiving and reviewing claims of online copyright infringement made pursuant to the Digital Millenium Copyright Act of 1998.

4. Privacy and Information Disclosure

CodeOp has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.postpin.com/privacy.html. Your use of the PostPin website and/or the Service constitutes your acknowledgment and agreement to our Privacy Policy. You further acknowledge and agree that CodeOp 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 CodeOp's TOS; 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 CodeOp, its users or the general public or for any other similar reason. Please note, your personal information will not be sold, transferred or communicated to any third parties under any other circumstances, however your sole recourse, in the event of CodeOp's inadvertent disclosure of or failure to protect your personal information shall be to terminate your use of the Service. Under no circumstance shall CodeOp be liable to you for damages of any sort for CodeOp's inadvertent failure to protect your personal information or to disclose same to third parties in violation of these TOS.

5. Conduct

You agree not to post, email, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
  • that is pornographic or depicts a human being engaged in actual or simulated sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
  • 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;
  • that impersonates any person or entity, including, but not limited to, a CodeOp  employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
  • that includes personal or identifying information about another person without that person's explicit consent;
  • that is false, deceptive, misleading, deceitful, contains misinformation, or constitutes so-called, "bait and switch" advertising;
  • 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;
  • that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Service which are not designated for such purposes; or (2) emailed to users of the Service who have requested not to be contacted about other services, products or commercial interests.
  • that includes links to commercial services or web sites, except as allowed in "services";
  • that advertises any illegal services or the sale of any items prohibited or restricted by applicable law, including without limitation items prohibited or regulated by the laws of any State of the United States or by the United States;
  • 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;
  • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
  • 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:

  • contact anyone who has asked not to be contacted;
  • "stalk" or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data, including other users’ email addresses,  from the Service;
  • post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
  • attempt to gain unauthorized access to our 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 PostPin website.

6. No Spam Policy

You understand and agree that sending unsolicited email (whether or not such email contains advertisements) to PostPin email addresses or through PostPin or CodeOp computer systems, is expressly prohibited by these TOS.  Such spamming will use or cause to be used computer servers that might be located in a State under whose laws spamming is a crime.  Accordingly, any unauthorized use of CodeOp or PostPin computer systems is a violation of these Terms and of certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.) Such violations may subject the sender and his or her agents to civil and criminal penalties.

7. Limitations on service

You acknowledge that CodeOp may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that CodeOp has no responsibility or liability for the deletion of or failure to store any Content maintained or transmitted by the Service. You acknowledge that CodeOp reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that CodeOp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Access to the Service

CodeOp grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.  By accepting this license you agree that you will not download (other than page caching) or modify any part or parts of the Service, nor will you download or modify any Content made available via the Service (except for your own Content), without the express written consent of CodeOp. This license does not permit the collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by CodeOp. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

CodeOp permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these TOS, absent express permission granted by CodeOp to do so. You may also create a hyperlink to the home page of PostPin so long as the link does not portray PostPin, CodeOp or their respective employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

CodeOp may at some time offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. CodeOp will permit you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to PostPin as the source, (d) your use or display does not suggest that CodeOp or PostPin promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden PostPin's systems. CodeOp reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time for any reason.

Use of the Service beyond the scope of authorized access granted to you by CodeOp shall result in the immediate termination and revocation of this license. If you wish to to collect, aggregate, copy, duplicate, display or make derivative use of the Service or of any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a separate written license from CodeOp.

9. Termination of service

You agree that CodeOp, in the exercise of 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, if CdeOp believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that CodeOp shall not be liable to you or to any third-party for any termination of your access to the Service, whether such termination is accidental, intentional or takes place for any other reason. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10 through 16, inclusive,  shall survive termination of these TOS.

10. Dealings with organizations and individuals / Release of Claims

Your interactions with organizations, entities 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, entities and/or individuals. You expressly agree that CodeOp 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 CodeOp is under no obligation to become involved. You hereby release CodeOp, 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."

11. Proprietary rights

The Service is protected to the maximum extent permitted by trademark, patent and 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 copyright 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 absolutely prohibited without the express written consent of CodeOp. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of CodeOp, and agree to abide by any and all copyright, trademark and patent 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 CodeOp does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to CodeOp 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 CodeOp 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.

POSTPIN is a trademark of CodeOp.

12. Disclaimer of Warranties

YOU AGREE THAT USE OF THE POSTPIN WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE POSTPIN 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. CODEOP DISCLAIMS ANY WARRANTIES FOR OR RELATED TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE POSTPIN SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW.  CODEOP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE POSTPIN SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE POSTPIN SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CODEOP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE POSTPIN 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.

13. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL CODEOP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CODEOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE POSTPIN SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE POSTPIN SITE OR THE SERVICE, FROM INABILITY TO USE THE POSTPIN SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE POSTPIN 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 POSTPIN SITE OR THE SERVICE OR ANY LINKS ON THE POSTPIN SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE POSTPIN SITE OR THE SERVICE OR ANY LINKS ON THE POSTPIN SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

14. Indemnity

You agree to indemnify and hold CodeOp, 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 you or 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 TOS, your breach of any of the representations and warranties herein, or your violation of any rights of any third party.

15. General information

These TOS constitute the entire agreement between you and CodeOp regarding your use of the PostPin site and the Content.   These TOS govern your use of the Service, and supersede any prior agreements between you and CodeOp. The TOS and the relationship between you and CodeOp shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State, County and City of New York and not elsewhere.  You waive any right you might have to object to the jurisdiction and/or venue of such Courts.  The failure of CodeOp to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PostPin website, the Service and/or the TOS must be filed within one (1) year from the date such claim or cause of action arose or be forever barred.

16. Violations of Terms and Liquidated Damages

Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to abuse@postpin.com.. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You agree to pay CodeOp’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these TOS, CodeOp retains the right to seek the remedy of specific performance of any term contained in these TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

17. Feedback

We welcome your feedback on this document on our Contact Us page.