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Terms and Conditions
Welcome to Epost121. The following agreement governs all use of Epost121's services. 1. Terms of Service Epost121 and all of its services (the "Service") are provided to you, as a Network Affiliate or a member of Epost121, under this Terms of Service and any operating policies that Epost121 may establish (the "Agreement"). Epost121 may make changes to this Agreement and your continued use of the Service constitutes your acceptance of any such changes. You agree not to resell for commercial purposes Epost121's Service or use of or access to the Service. You agree to provide accurate, current, and complete information to Epost121 when you register and to let Epost121 know of any changes. Failure to do so may result in termination. You must be over the age of 13 to use Epost121. 2. Disclosure of Registration and Other Information Epost121 will not disclose personally identifiable information about any member, user or partner of Epost121 unless Epost121 believes such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend the rights or property of Epost121 or others; (3) enforce this Agreement; or (4) as otherwise provided in the Agreement. Epost121 does disclose aggregate user demographic data to advertisers or other third parties. Epost121 may access you for technical processing and to address technical problems or service complaints. For more information on how Epost121 uses member or user information please read Epost121's PRIVACY POLICY STATEMENT by clicking here. (hyperlink to Privacy Policy Statement) 3. Prohibited Conduct You agree that you will not use Epost121's Service to transmit, disseminate, or upload: (1) unlawful, harassing, libelous, tortuous, abusive, threatening, or obscene communications of any kind; or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy, or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone; (2) viruses or other harmful, disruptive or destructive files; or (3) content containing nudity or pornographic material of any kind; (4) multilevel marketing messages or offers. You further agree: (a) that you will not disrupt or interfere with another member or user's use or enjoyment of Epost121's Service; (b) that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse Epost121's Service, system resources or accounts, or any servers or networks connected to the Service; (c) that you will not attempt to obtain unauthorized access to Epost121's Service, or to private lists on the Service; (d) that you are solely responsible for your actions in relation to Epost121's Service, and for any communications transmitted under your account; (e) that you will not forge header or address information or otherwise impersonate another or create a false identity; (f) that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from this site; (g) that you will comply with all applicable local, and international laws and regulations, including without limitation those related to privacy and data collection. You agree that Epost121 may in its sole discretion remove any material that appears to violate any of the foregoing, and that it may immediately limit or terminate your account or access if it appears you have violated these provisions. 4. Termination You agree that Epost121 may in its sole discretion change, terminate, or bar access to your account or to any user, member or partner of Epost121 for any reason, with or without notice to you and without any liability to you or any third party. You may terminate your account for any reason. For partners, please refer to your respective Epost121 Agreement for termination details and procedures. For consumers, please send an email to assistance@epost121.com with your name, registered email address, subject of the received newsletter, if any, and indicate in the subject of the email the word "Termination". Termination will prevent you from using any service of Epost121. The following provisions of the Agreement survive its termination: Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and Indemnification. 5. Proprietary Rights Content available through Epost121 -- including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any content provided by any third party advertiser, is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. You may download one copy of this content for your personal use only, as long as you keep all copyright and other proprietary notices intact, but are prohibited from any other use except as expressly authorized by Epost121 or the applicable advertiser. You may not copy, distribute, or create derivative works of such content without express permission, and you may not "frame" any content into Epost121's site or "frame" content from Epost121's site into any other site. You agree that as to any material you transmit through Epost121's Service, including member lists or content, including that archived by Epost121 as described above, you grant to Epost121, and its successors and assigns, a non-exclusive and royalty free license under your copyrights or other intellectual property rights, if any, in such material, to distribute and display of such material in any and all media, in any manner, in whole or in part. 6. Service Availability and Customer Service Although Epost121 strives to maintain the availability of the Service twenty-four hours a day, it makes no representation or promise that the Service will always be available, and you agree that Epost121 is not liable to you or any third party for the temporary or permanent unavailability of the Service. 7. Messages Member list partners agree that Epost121 may include a header or footer message in every message designating Epost121 as the provider of this service. 8. DISCLAIMER OF WARRANTIES EPOST121'S SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF EPOST121'S SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPOST121 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EPOST121 DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT EPOST121'S SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES EPOST121 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EPOST121'S SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH EPOST121'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EPOST121'S SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EPOST121 DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM EPOST121'S SERVICE, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH EPOST121'S SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPOST121 OR THROUGH EPOST121'S SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 9. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL EPOST121 OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE EPOST121'S SERVICE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH EPOST121'S SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF EPOST121 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT EPOST121 DOES NOT ENDORSE THE SUBJECT MATTER OF ANY OF ITS LISTS OR ANY OF THE CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS SERVICE. YOU ALSO AGREE THAT EPOST121 SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF EPOST121'S SERVICE. IF YOU ARE DISSATISFIED WITH EPOST121'S SERVICE, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. 10. Indemnification You agree to indemnify, defend, and hold harmless Epost121, its parents, subsidiaries, Affiliates, officers, directors, employees, agents, and suppliers, and their respective Affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party arising out of or related to your use of Epost121's Service or your violation of this Agreement, including without limitation the infringement, by you or any other user of your account, of any intellectual property or other right of any person or entity. Epost121 may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Epost121, however, shall not excuse any of your indemnity obligations. 11. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong, Special Administrative Region. You agree that any claim or cause of action arising out of your use of Epost121's Service or this Agreement must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.
Direct Marketing of Asia Limited
Telephone: 852-2880 5918 Facsimile: 852-2597 4346
E-mail address:
dma@dm-asia.com
Web page:
www.dm-asia.com
and
www.ePost121.com
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