PIDGE POST WAIVER, TERMS OF USE, AND PRIVACY POLICY
Terms of Use
These Terms of Use (the “Terms”) constitute a legal agreement between you and GFTBL LLC, d.b.a. Pidge Post (“Pidge”, “we”, “us”, “our”). These Terms govern (i) your use of the Pidge Post website, located at https://pidgepost.com, and the associated mobile application (collectively, the “Application”); and (ii) any related Pidge products that you purchase or subscribe to (the “Products”). Please read these Terms carefully before accessing or using Pidge Post. By accessing or using any part of the website, Application and/or purchasing any Products, you represent that you are at least thirteen (13) years of age and you agree to these Terms. If you are not at least thirteen (13) years of age or if you do not agree to these Terms, do not use Pidge Post or purchase any Products.
1. Product Purchases. Your purchase of Products through the Application will be subject to these Terms and our Terms of Purchase, located at pidgepost.com/terms, which are incorporated herein by this reference.
2. Registration. To access certain features of the Application, you will be required to register an account with Pidge Post and provide certain personal information. Any personal information you provide in connection with such account will be treated in accordance with our Privacy Policy, located at pidgepost.com/terms, which is incorporated herein by this reference. You are responsible for providing and maintaining accurate information, including current payment information, and maintaining the confidentiality of your account login credentials. All activity conducted in connection with your account will be your responsibility. You agree to notify Pidge immediately of any unauthorized access or other breach of your account.
3. Application and Content. Subject to your compliance with these Terms, Pidge Post grants you a limited license to access and use the Application and view the Content, as defined below, for your personal, noncommercial use, in accordance with these Terms. The Application, and all information, text, images, data, audio files, links, greeting cards, logos, photos, digital downloads, software, Products, or other material accessible through the Application (collectively, the “Content”) are and shall remain the exclusive property of Pidge and/or its suppliers and licensors and are protected under US and international intellectual property laws. You do not obtain any ownership interest in the Application or the Content.
4. Restrictions. You will not modify, publish, transmit, transfer, sell, resell, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or application, or in any way exploit the Content or the Application without the express written permission of Pidge Post. You will not use the Application or the Content (a) for any unlawful purpose; (b) to solicit others to participate in any unlawful activity; (c) to violate any international, federal, state, or local laws, regulations, or rules; (d) to infringe upon or violate our intellectual property rights or the those of others; (e) to harass, abuse, stalk, spam, insult, harm, defame, slander, disparage, intimidate, threaten, or discriminate based on gender, sexual orientation, ethnicity, race, religion, age, national origin, or disability; (f) to upload fraudulent, false or misleading information; (g) to upload or transmit viruses or other malicious code into the Application; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Application.
5. Third Party Content. Links in the Application may lead to third-party websites and/or services that are not owned or operated by Pidge Post. Pidge Post has no control of and makes no representation or warranty and takes no responsibility with respect to such third-party websites or services. A link or reference to a third-party website or service is not an endorsement of that website or service. Likewise, if our Application is linked or referenced in a third-party website or social media, we are not liable for any information provided on or through such website or social media. Any use you make of the information provided in the Application, or any website linked to by the Application, is at your own risk.
6. DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND THE PURCHASE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PIDGE DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, OR ERROR-FREE, NOR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION WILL BE ACCURATE, RELIABLE, OR MEET ANY SPECIFIC USER NEEDS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PIDGE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY USER OF THE APPLICATION FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THESE TERMS OR YOUR ACCESS OR USE OF THE APPLICATION, CONTENT, AND/OR PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU FURTHER AGREE THAT PIDGE'S AGGREGATE CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE APPLICATION, THE CONTENT, OR ANY PRODUCT, SHALL NOT EXCEED $50.
8. Indemnification. You agree to indemnify, defend and hold harmless Pidge Post and our officers, directors, employees, licensors, and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Application, Content, or Products, (ii) your breach of these Terms or the Purchase Terms, or (iii) your violation of any applicable law or the rights of a third party.
9. Feedback and User Information. While we welcome general comments and feedback regarding our Application and Content, we ask that you do not send us any creative ideas, suggestions, notes, drawings, concepts or other information (collectively, the “User Information”) to avoid any misunderstandings regarding the ownership of such User Information. If, despite our request that you not do so, you send us any type of User Information, such User Information shall be deemed the property of Pidge Post and shall not be subject to any obligation of confidentiality or restriction on use. Pidge Post will not be liable to you or owe you any compensation for such User Information, unless otherwise required by law.
10. Disputes and Mandatory Arbitration. These Terms, including the Terms of Purchase, shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your use of the Application, Content, or the Products you purchase through the Application shall be submitted to confidential arbitration in Seattle, Washington, provided that, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such court. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
11. Modifications and Notice. We may revise these Terms at any time without notice to you. You are responsible for reviewing these Terms on a regular basis, and your continued use of the Application following any modifications, changes and/or alterations constitutes your acceptance of such modifications, changes or alterations. Pidge Post reserves the right to terminate the Terms and to discontinue the Application, including any Content and/or features therein, at any time with or without notice or liability to you or any third party.
12. Termination. Pidge may, in our sole discretion and without prior notice, immediately terminate these Terms and your account and access to the Application and Content. Cause for such termination may include: (a) breach or violation of any of these Terms, including any other incorporated agreements or guidelines; (b) request by any law enforcement or government agency; (c) extended period of inactivity; (d) your engagement in fraudulent or illegal activity; and/or (e) nonpayment of any fees owed by you in connection with the Application or any Pidge Post Product. Upon termination of your account, you will have no access to the Application and your password and related information, files and materials, including User Information, will be deleted. You agree that Pidge will not be liable to you or any third party for any termination of your account, any associated email address, or access to the Application.
13. Copyright Contact. Pidge does not represent or warrant that your use of the Content displayed on, or obtained through, the Application will not infringe the rights of third parties. If you believe your copyright, trademark, or other property rights have been infringed by a posting of any Content on the Application, you will send notification to Pidge immediately. Such notification should be sufficient in detail to allow us to investigate and take steps to resolve the matter. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
a. Designated agent for claimed infringement: Anna Sullivan | anna@pidgepost.com
14. Miscellaneous. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Although the Application may be accessible worldwide, Pidge Post makes no representation or warranty that Content on the Application is appropriate or available for use in locations outside the United States. You are responsible for complying with the laws of the jurisdiction from which you are accessing the Application and you agree that you will not access or use the Application in violation of such laws. These Terms constitute the entire agreement between you and Pidge Post relating to the subject matter herein.
Privacy Policy
1. GFTBL LLC, d.b.a. Pidge Post (hereafter “Pidge”, “we”, “our”, or “us”) respects your privacy and is committed to protecting your Personal Data. “Personal Data”, as used in this Privacy Policy, is any data which relates to an individual who may be identified from that data, or from a combination of data, which is or may be in our possession. This Privacy Policy outlines our privacy practices regarding the types of Personal Data we may collect from you on our website located at https://www.pidgepost.com or the associated mobile application (collectively, the “Application”), and our practices for using, maintaining, protecting, and disclosing that Personal Data.
2. Pidge may collect the following Personal Data from you:
a. We may collect your name, e-mail address, home or work address, telephone number, and financial information that you provide to us when you create an account on the Application or purchase our programs, products, or services.
b. We may also collect anonymous demographic information, which is not unique to you, such as your zip code, age, gender, preferences, interests and favorites.
c. Using cookies and similar technologies, we may automatically collect information about your computer hardware and software, including your device model, operating system, IP address, browser type, domain names, access times, and referring website addresses.
3. Any Personal Data we collect will be used solely for the following purposes: (a) internal record keeping, including records of customer purchases; (b) to improve our Application, programs, products, or services; (c) to periodically send promotions about new programs, products or services, or other special offers; (d) for aggregate, non-identifiable data for market research purposes; and/or (e) to customize the Application or the respective program, product, or service you purchase or use according to your interests.
4. We may disclose Personal Data: (a) pursuant to the Terms of Use located at https://www.pidgepost.com/terms and this Privacy Policy, (b) if we are required to do so by law or to comply with legal process served on us, our partners, sponsors, investors, or affiliates, (c) to protect and defend our rights or property or those of our users, and/or (d) to act as immediately necessary in order to protect the personal safety of our users or the public. Pidge will not sell, distribute or lease your Personal Data to third parties unless we have your permission or are required by law to do so.
5. Pidge uses reasonable and appropriate security practices and procedures to safeguard your Personal Data.
6. Pidge may retain your Personal Data so long as we have a business requirement for it, unless otherwise required under applicable law.
7. Pidge may provide links to third-party websites and services. We are not responsible for the privacy statements, practices, or the contents of such third-party websites.
8. This Application is not designed for children under the age of thirteen (13). We do not knowingly collect Personal Data from children under the age of 13. We encourage children to consult with their parents before providing Personal Data.
9. Depending on local law, you may access, update, or correct your Personal Data, or otherwise reach us, by contacting us at customerservice@pidgepost.com.
10. We may change this Privacy Policy from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and to be aware of any modifications. Your continued use of the Application after such modifications will constitute your acknowledgement of the modified Privacy Policy and agreement to abide and be bound by the modified Privacy Policy.