Terms and Conditions of Use

2. Limited License You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to: (a) use the Service, subject to these Terms and Conditions; and (b) display and review this Site on your computer or mobile device, and to print, download and use the Content on this Site, solely for informational purposes and solely for your own personal use or internal use by your organization. You may not modify any aspect of this Site. You must include with any display or copy of the Content the copyright notice shown at the bottom of this page. No other activity or use is permitted.   Your rights to use the Service limited to those rights expressly set out in these Terms and Conditions. All rights not expressly granted by these Terms and Conditions are reserved by PostBeyond. You may not, nor may you cause or assist another to:

• (a) modify, reverse engineer, decompile, create derivative works from, or disassemble this Site or the Service for any reason whatsoever, including for the purpose of creating competitive products or services;
• (b) resell any Content;
• (c) include any Content in or with any product that you create or distribute;
• (d) copy any Content onto your own or any other web site;
• (e) use this Site or the Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site, the Service, or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site any  computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure);
• (f) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site, the Service, or the Content in whole or in part;
• (g) use this Site for commercial purposes or activities (other than the creation and sharing of Postings through the Service including without limitation:
  • (i) selling or offering to sell any goods or services;
  • (ii) soliciting for advertisers or sponsors;
  • (iii) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person;
  • (iv) displaying advertising or sponsorship banners, including those generated by banner or link exchange services;
  • (v) soliciting for donations; or
  • (vi) sending unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
  • (h) use this Site or the Service in any manner that may dilute or depreciate the name or reputation of PostBeyond, its Marks (as defined below) or its affiliates or associates; or
  • (i) interfere with any other persons’ use and enjoyment of this Site, the Service or of the Internet generally.

3. Membership and Accounts PostBeyond offers two levels of users, a corporate user, who has the power to create and control Postings (as defined below) (“Corporate User“) and an individual user (“Individual User”) who may only share Postings created by Corporate Users.  In these Terms and Conditions, “Postings” refer to the text, images, comments, or other information posted by a Corporate User and/or shared by an Individual User through the Service. (A) FOR BOTH INDIVIDUAL AND CORPORATE USERS:

• (i) You must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate information to PostBeyond and notify us if your information changes.
• (ii) You are responsible for all activity that occurs under your account, including any activity by unauthorized users and the content of any Postings you create and/or share. You must not allow others to use your account. You must safeguard the confidentiality of your password.  If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.  You agree to notify PostBeyond promptly of any unauthorized use of your password and you will remain liable for any use of the Service to the extent permitted by law.
• (iii) You must not use this Website or the Service in any manner that is unlawful (including by accessing this Website or the Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
• (iv) Equipment and Charges You will provide all hardware required to access and use the Service and agree to be responsible for all telephone and other charges necessary to access the Service and this Site.

(B) CORPORATE USERS

• (i) Payment
  • (A) You represent that you have the authority to enter into these Terms and Conditions on behalf of your company, employer or other person on whose behalf you may be entering into these Terms and Conditions (“Employer”).
  • (B) You agree, and represent that you have the right to agree, to have the name and logo of your Employer listed on the Site.
  • (C) Your use of the Service is contingent upon payment of fees. By continuing to use the Service after the trial period, you expressly agree to pay to PostBeyond the subscription fees indicated for such service at the then-current rates.  This monthly fee is calculated on the basis of the sum of the Corporate Users and Individual Users. Please note that prices and charges associated with the Service are set out in Canadian dollars for those Corporate Users with a billing address in Canada, and US dollars for those Corporate Users with a billing address outside of Canada.
  • (D) Payment must be made using a valid credit card or PayPal account. Valid credit cards include Visa, Master Card and American Express. PostBeyond may obtain a pre-approval from the credit card company for an amount up to the amount of the monthly fee. Billing to your credit card or PayPal account occurs once you have confirmed your subscription at the end of the trial period and on a monthly basis thereafter unless and until you cancel or we terminate your subscription to the Service.
  • (E) Cancellation.vIf you choose to cancel your subscription to the Service, you will continue to have access to the Service until the next monthly renewal date (“Termination Period”).  At this point, your subscription will terminate.  If you elect to re-subscribe prior to the expiry of the Termination Period, you will be charged a new subscription fee at the then-current rate on the date of such re-subscription.
  • (F) Payments are processed on behalf of PostBeyond by a third party payment processor using their secure site.  Upon submitting your order your information will be sent to the third party payment processor.  Your browser will require a recent version of at least 128-bit SSL encryption to be installed.  If your browser cannot support SSL, you may not be able to connect to the third party payment processor page.  Personal information that you submit during the payment process is subject to the PostBeyond privacy policy.  PostBeyond does not collect or store your full credit card number or security code.
  • (G) You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes on use by you or anyone you allow to use your account and password to access the Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address.  If your payment information expires, you remain responsible for all uncollected amounts.  If you have three (3) failed attempts at collecting payment, we will cancel your subscription to the Service.
• (ii) Account Rights and Responsibilities
  • (A) As the Corporate User, you agree that you will oversee and manage campaigns for your Employer, including the content of any Postings you create. You must also:
    • (I) monitor the activities of other Corporate Users and Individual Users who are registered with us as affiliated with your Employer;
    • (II) ensure that Individual Users who register to associate with your Employer are qualified to do so, and remove unqualified users, such as ex-employees;
    • (III)  create and approve Postings;
    • (IV)  select the social networks through which you wish to allow Postings to be shared; and
    • (V)  remove Postings from the Service that violate these Terms and Conditions.
  • (B) If you choose to offer a reward or remuneration to an Individual User for sharing a Posting, you agree to remain responsible for such reward.
  • (C) If you elect to send an electronic message through the Service to Individual Users, you are responsible for the content of such message and compliance with all applicable law, including anti-spam legislation.

(C) INDIVIDUAL USERS

• (i) Payment No payment is required from Individual Users.
• (ii) Account Rights and Responsibilities
  • (A) Your use of the Site and the Service is subject to these Terms and Conditions. Your use of a social network is subject to the applicable terms and conditions of such social network.
  • (B) If you share a Posting for which a reward or remuneration is offered, you agree to seek such reward directly from the applicable Corporate User and not from PostBeyond.

Data Security and Warranty. Influitive has implemented Appropriate Security Measures (as hereinafter defined) and maintains the Services at reputable third-party Internet service providers and co-location facilities. “Appropriate Security Measures” means commercially reasonable efforts to ensure that the Customer Content will be maintained accurately and safeguarded as well as technical and physical controls to protect Customer Content against destruction, loss, alteration, unauthorized disclosure to third parties or unauthorized access by employees or contractors employed by Influitive, whether by accident or otherwise. If Customer’s use of the Services involves processing personal data pursuant to Regulation 2016/679 (the “GDPR”) and/or transferring personal data outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the data processing addendum shall apply to such personal data and be incorporated into the Agreement upon the execution and submission of the Data Processing Addendum to Influitive in accordance with its terms. The Data Processing Addendum is available upon written request. Influitive warrants that it is considered a “service provider” according to the meaning given to that term in Section 1798.140(v) of the California Civil Code and the California Consumer Privacy Act (“CCPA”). Influitive also certifies that it shall not sell a California consumer’s Personal Information for any reason. Customer shall display all privacy notices, have at all times all appropriate legal bases, and comply at all times with all applicable privacy and data protection laws and regulations regarding Influitive’s sub-processing of personal data (if any).

Linked Sites. Certain links on this Site or in Postings made or shared through the Service may take you to other web sites that are not owned or operated by PostBeyond. PostBeyond provides these links only as a convenience.  PostBeyond is not responsible for the content of any such linked web sites. PostBeyond makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. PostBeyond welcomes links to this Site.  However, you agree that if you link to this Site your website shall not:

• create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
• imply that PostBeyond is endorsing you or any other person, or your or such other person’s products or services;
• imply an affiliation between you or any other person, or your or such other person’s products or services, and PostBeyond without the prior written consent of PostBeyond;
• misrepresent the relationship of you or any other person with PostBeyond or present false, misleading or otherwise damaging information or impressions about PostBeyond or any of its products or services; or
• contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.

You acknowledge and agree that in no event will PostBeyond provide any form of remuneration for any links you may make to this Site or any PostBeyond products.  Any remuneration or reward provided in connection with a Posting shall be the subject to the terms set out in the terms associated with that particular campaign and will be for the account of the Employer.  In no event will PostBeyond be liable for any such remuneration or reward.

User Submissions (solicited and unsolicited)

• (a) Subject to any applicable law and the requirements of the PostBeyond Privacy Statement:
  • (i) PostBeyond does not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved Products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions“) to PostBeyond.
  • (ii)  any communications sent by you to PostBeyond via this Site or otherwise, including Submissions,  whether solicited by PostBeyond or otherwise, are on a non-confidential basis (other than personal information which is covered under the PostBeyond Privacy Statement), and PostBeyond shall be free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of PostBeyond and its affiliates, licensees, successors and assignees.  You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
• (b)  PostBeyond is not obliged to monitor, screen, police or edit your use of this Site, including Postings you or others may make to this Site or share through the Service, although PostBeyond may choose to do so in its sole discretion.  PostBeyond will respond as it considers appropriate, in its sole discretion, if PostBeyond becomes aware of any inappropriate uses of this Site or the Service, including without limitation use that constitute copyright infringement.
• (c) Users of this Site may be permitted to create, submit, or share postings, images, comments, or other information (“Postings”) to this Site through the Service.  In submitting any Postings, you agree:
  • (i)  you are solely responsible for your Postings and any other actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site. PostBeyond may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. PostBeyond reserves the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Site (including any perceived violations of applicable law), in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.
  • (ii) not to post any Postings that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way; (B) involve materials that constitute, depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (C) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including PostBeyond; or (D) disclose any private or personal information about any person without that person’s permission.