The Post Ponder - Terms of Service

1. Description of Service

The Post Ponder is an online platform where registered users can post short thoughts, ideas, or updates up to 300 characters ("Posts"). Users can interact with Posts by upvoting or downvoting them and viewing Posts shared by others. The Service is offered free of charge to users but may display advertisements. We reserve the right to modify, enhance, suspend, or discontinue the Service, or any feature thereof, at any time, with or without notice.

2. Acceptance and Modifications

By registering for an account, accessing the Website, posting content, or using any part of the Service, You signify Your agreement to be bound by this Agreement and Our Privacy Policy (available here), which is incorporated herein by reference.

We reserve the right, at Our sole discretion, to modify or replace this Agreement at any time. If a revision is material, We will make reasonable efforts to provide notice (e.g., via email, posting on the Website, or through the Service interface) before the new terms take effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must stop using the Service and delete Your account.

3. Eligibility and Account Registration

(a) Eligibility:

To use the Service, You must be at least 13 years old and have parental/guardian consent and capable of forming a binding contract. If you are accepting these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to do so.

(b) Account Creation:

You must register for an account to post content and use certain features. To create an account, We require You to provide certain information, such as a username, a valid email address, and a password ("Registration Data").

(c) Account Security:

You agree to: (i) Provide accurate, current, and complete Registration Data; (ii) Maintain the security of Your password and not share it with others; (iii) Maintain and promptly update the Registration Data to keep it accurate, current, and complete; (iv) Accept full responsibility for all activities that occur under Your account, whether or not You authorized that activity; and (v) Notify Us immediately of any unauthorized use of Your account or any other breach of security via support@widegraspmedia.com or (331) 289-9377.

We are not liable for any loss or damage arising from Your failure to comply with these requirements.

4. Access to the Service

Subject to Your compliance with this Agreement, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for Your personal, non-commercial use, strictly in accordance with this Agreement.

5. User Content and Conduct

(a) Your Content:

You are solely responsible for all text, information, links, and other materials that You submit, post, display, or otherwise make available on the Service ("User Content"). You retain ownership of Your User Content.

(b) License Grant to Us:

By submitting, posting, or displaying User Content on or through the Service, You grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, host, store, reproduce, modify (e.g., to format for display, translate), adapt, publish, publicly perform, publicly display, distribute, and create derivative works of Your User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service, and researching and developing new ones. This license includes the right for Us to make Your User Content available to other companies, organizations, or individuals who partner with Us for the syndication, broadcast, distribution, or publication of User Content on other media and services. This license continues even if You stop using the Service or delete Your account, particularly for User Content that has been shared, re-shared by others, or indexed by search engines, subject to applicable law and our Privacy Policy regarding data deletion.

(c) Your Representations:

You represent and warrant that: (i) You own or have all necessary rights, licenses, consents, and permissions to submit the User Content and grant the licenses set forth in this Agreement; (ii) Your User Content does not and will not infringe, misappropriate, or violate any third-party rights (including intellectual property, privacy, publicity rights); (iii) Your User Content complies with all applicable laws, rules, and regulations and does not violate the Acceptable Use standards below; (iv) Your User Content is accurate to the best of your knowledge.

(d) Acceptable Use / Community Guidelines:

You agree not to post or transmit User Content or otherwise use the Service in a manner that: (i) Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) Promotes illegal activities or conduct; (iii) Harms minors in any way; (iv) Impersonates any person or entity, or falsely states or otherwise misrepresents Your affiliation with a person or entity; (v) Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (vi) Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (vii) 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; (viii) Interferes with or disrupts the Service or servers or networks connected to the Service; (ix) Attempts to manipulate votes or other Service metrics; (x) Violates any applicable local, state, national, or international law.

(e) Content Monitoring & Removal:

We do not generally pre-screen User Content, but We reserve the right (but not the obligation) in Our sole discretion to refuse, remove, or modify any User Content that We believe violates this Agreement or is otherwise objectionable, without prior notice. We are not responsible for any failure or delay in removing such content.

(f) Exposure to Content:

You understand that by using the Service, You may be exposed to User Content from others that You may find offensive, indecent, inaccurate, or objectionable. You agree that You use the Service at Your own risk and that We shall not be liable for any User Content or for any loss or damage incurred as a result of the use of any User Content.

6. Advertisements

The Service is provided free of charge. In consideration for the license granted to You and access to the Service, You agree that We and our third-party providers and partners may place advertising on the Service or in connection with the display of User Content or information from the Service, whether submitted by You or others. The manner, mode, and extent of such advertising are subject to change without specific notice to You. We may use information collected about You (as detailed in our Privacy Policy) to serve more relevant advertisements. Your interactions with advertisers 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 advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

7. Intellectual Property Rights

(a) Our IP:

The Service, including the Website, software, technology, graphics, design, compilation, logos, trademarks, trade names ("The Post Ponder"), and all underlying intellectual property rights, are and shall remain the sole and exclusive property of the Company and its licensors. Except for the limited license granted in Section 4, nothing in this Agreement grants You any right, title, or interest in the Service or Our intellectual property.

(b) Feedback:

If You provide Us with any suggestions, comments, ideas, improvements, or other feedback regarding the Service ("Feedback"), You hereby grant Us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, reproduce, modify, distribute, implement, and otherwise exploit such Feedback in any manner without restriction and without any obligation of compensation to You.

8. Third-Party Links

The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from Your use of any third-party websites or resources.

9. Privacy

Our collection and use of personal information in connection with the Service are described in our Privacy Policy, located at /privacy. By using the Service, You acknowledge that you have read the Privacy Policy and consent to the collection, use, and sharing of Your information (including username, email, password, and potentially usage data for service operation and ad personalization) as set forth therein.

10. Termination

(a) Termination by You:

You may terminate this Agreement at any time by deleting Your account through the account settings page and ceasing all use of the Service.

(b) Termination by Us:

We may suspend or terminate Your access to the Service and this Agreement, with or without cause, at any time, particularly if We believe You have violated this Agreement, engaged in illegal activity, pose a risk to Us or other users, due to prolonged inactivity, or if We discontinue the Service. We will make reasonable efforts to notify You via the email address associated with Your account or the next time You attempt to access Your account, depending on the circumstances.

(c) Effect of Termination:

Upon termination or expiration of this Agreement for any reason: (i) Your license to use the Service shall immediately cease. (ii) You must cease all use of the Service. (iii) We will disable Your access to Your account. (iv) We may delete Your account and associated User Content, however, You understand and agree that certain User Content, particularly that which has been shared publicly or with other users, may persist after termination (e.g., in cached versions, backups, or if re-shared by others), subject to our data retention practices outlined in the Privacy Policy and applicable law. We are not liable for loss of User Content upon termination. (v) Sections 5(b), 5(c), 5(e), 5(f), 7, 9, 10(c), 11, 12, 13, 14, and 15 shall survive termination.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE RESULTS OR INFORMATION OBTAINED FROM THE USE OF THE SERVICE (INCLUDING ANY USER CONTENT) WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) Your access to or use of the Service; (b) Your User Content; (c) Your violation of this Agreement; (d) Your violation of any rights of any other person or entity, including intellectual property or privacy rights; or (e) Your violation of any applicable laws, rules, or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.

14. Governing Law and Dispute Resolution

(a) Governing Law:

This Agreement and any dispute arising out of or related to it or the Service shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law principles. The current location of Champaign, Illinois is noted for context but does not solely determine governing law without explicit company decision.

(b) Informal Resolution:

We encourage You to contact Us first at support@widegraspmedia.com to seek a resolution for any dispute. Most disputes can be resolved quickly and informally.

(c) Arbitration Agreement:

PLEASE READ THIS SECTION CAREFULLY. You and the Company agree to resolve any Disputes (as defined below) through final and binding individual arbitration, except as specified below. You and the Company waive the right to a trial by jury or to participate in a class action. "Disputes" include any claim or controversy arising out of or relating to this Agreement, the Service, or the relationship between You and Us. (i) Exceptions: This agreement to arbitrate does not apply to disputes qualifying for small claims court or disputes relating to the infringement or misappropriation of intellectual property rights, which may be brought in court. (ii) Process: Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org). The arbitration will be conducted in Chicago, Illinois, unless otherwise agreed. (iii) Fees: AAA rules will govern payment of arbitration fees. We will generally pay consumer arbitration fees for claims under $10,000 unless the arbitrator finds the claim frivolous. (iv) No Class Actions: All Disputes must be brought in the party's individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. The arbitrator may not consolidate more than one person's claims.

15. Miscellaneous

(a) Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire agreement between You and the Company regarding the Service. (b) Severability: If any provision is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. (c) Waiver: Our failure to enforce any right or provision will not be considered a waiver of those rights. (d) Assignment: You may not assign this Agreement without Our prior written consent. We may assign this Agreement freely. (e) Notices: We may provide notices to You via email, regular mail, or postings on the Service. (f) Force Majeure: We are not liable for any delay or failure to perform resulting from causes outside our reasonable control. (g) Contact Information: Questions about these Terms? Contact Us at:
WideGraspMedia LLC
(331) 289-9377
support@widegraspmedia.com