PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Airposted, LLC, incorporated in the State of Virginia, (hereafter referred to as "Airposted.com or www.Airposted.com or Airposted or Airposted LLC or Airposted.com LLC", "we", "us", or "our") provides an online platform that connects buyers or shoppers who want to buy or acquire products from overseas (primarily because of lack of local availability or for high local pricing of the products) and travelers who are willing to transport or carry the products for the shoppers or buyers upon deals that are made between them with the presence of their mutual consent (collectively, the “Services”), which Services are accessible at www.Airposted.com and any other websites through which Airposted makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Airposted. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.Airposted.com/terms, and which is incorporated by reference into these Terms.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH BUYER (DEFINED BELOW) MAY CHOOSE PRODUCTS TO BUY AND ASK A TRAVELER (DEFINED BELOW) FOR TRANSPORTING OR CARRYING (DEFINED BELOW) THE PRODUCT UPON THEIR MUTUAL CONSENT ON THE AGREED DEAL. YOU UNDERSTAND AND AGREE THAT AIRPOSTED IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRAVELER AND BUYER, NOR IS AIRPOSTED A SHIPMENT OR TRANSPORTATION AGENCY, RETAILER OR SELLER OF PRODUCTS, AGENT OR INSURER. AIRPOSTED HAS NO CONTROL OVER THE CONDUCT OF BUYER AND TRAVELER AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY NEGOTIATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Key Terms
“Airposted Content” means all Contents that Airposted makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. “Collective Content” means Member Content and AIRPOSTED Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Shopper or Buyer” means a Member who requests a booking of a product via the Site, Application or Services, or a Member who contacts a traveler and asks them to transport products in exchange of a charge as agreed upon between respective shopper and traveler. A shopper willingly enters into contracts, carries the burden of ordering products, closes deals on their own discretion, and exempts Airposted from any liability and excuses Airposted for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Service.
“Traveler or Carrier” means a Member who creates a listing of their travel plans and consents that upon making a deal with a shopper, he or she is willing to carry a product to transport to the respective shopper in exchange of a charge of any amount on voluntary basis, as agreed in their mutual deal decisions via the Site, Application and Services. A traveler willingly enters into contracts, carries the burden of transporting the products, closes deals on their own discretion, and exempts Airposted from any liability, evasion of taxes, carrying illegal or contraband item(s) or good(s) and excuses Airposted for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Services. “Deal” means an agreement between a Shopper and a Traveler regarding a requested product and a respective traveler charge or fee.
“Listing or Posting” means a sharing of a travel information by a Traveler and a Buyer or Shopper. “Member” means a person who completes Airposted’s account registration (signup or login) process, including, but not limited to Traveler and Shopper.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Airposted requires every Traveler to understand, be aware of, and careful about tax rules of a country he or she is travelling to and from while carrying products, purposefully to transport to shopper contacted via Airposted Site, Applications, and Services. The Traveler is expected to charge the custom’s fee(s), tax fee(s), and other tax-related costs from Shopper during the time of making a deal via Site, Applications, and Services and pay them as they occur if needed. The custom laws of countries can be found from their respective government websites.
Modification or Changes to the Airposted Platform, the Terms of Use and Incorporated Documents
We are continually changing and improving the Airposted Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all the Airposted Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Airposted Platform, Fees (defined below) or any other aspect of the relationship between Airposted and You. You should look at the Terms regularly.
If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Platform, send you a message or otherwise attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the Airposted Platform for existing users and immediately for all the new users joining and accepting the terms after and on the day these are amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Airposted Platform.
Eligibility and Use of the Platform
Access to and use of the Airposted Platform is available only to individuals who are at least 18 years old, who can form legally binding contracts under applicable law, and who properly create a valid account as explained below (valid account holders, whether Shoppers, Travelers or both, may also collectively be referred to in these Terms as “Members”). By accessing or using the Airposted Platform, You represent and warrant that you are eligible to do so.
YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS WE OTHERWISE SPECIFICALLY AGREE IN WRITING, AIRPOSTED IS NOT IN THE BUSINESS OF OFFERING, SELLING, PURCHASING, OR BRINGING ’D ITEMS. YOU UNDERSTAND THAT BY ACCESSING THE THE AIRPOSTED PLATFORM, AND IN BECOMING A MEMBER, YOU RECEIVE ONLY THE ABILITY TO USE THE AIRPOSTED PLATFORM TO ACCESS FRIENDS WHO MAY BE INTERESTED IN BEING A SHOPPER AND/OR TRAVELER, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO MESSAGE OTHER MEMBERS ABOUT ’D ITEMS. YOU ACKNOWLEDGE AND AGREE THAT AIRPOSTED IS NOT A PARTY TO ANY RELATIONSHIP OR AGREEMENT BETWEEN YOU AND ANOTHER MEMBER, AND THAT ANY SUCH RELATIONSHIP IS BETWEEN THE MEMBERS ONLY. YOU ALSO ACKNOWLEDGE AND AGREE THAT AT ALL TIMES, IT IS YOUR RESPONSIBILITY AND NOT AIRPOSTED’S RESPONSIBILITY, WHICH IS DISCLAIMED TO THE MAXIMUM EXTENT OF THE LAW, TO BE FAMILIAR WITH, TO ABIDE BY AND TO COMPLY WITH ALL RELEVANT FEDERAL, STATE, LOCAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS THAT MAY APPLY TO ANY ’D ITEMS OR TO ANY RELATIONSHIP BETWEEN MEMBERS.
Members also acknowledge and agree that they are users of the Airposted Platform only, and that they are not Airposted employees, joint venturers, partners, or agents whatsoever. Airposted does not have the right to control and does not control Members, or the relationships between them or the subject matter of such relationships. You acknowledge and agree that, except where these Terms provide otherwise, it is the Members themselves who establish any applicable Traveler Fees. While Airposted may help facilitate disputes, We have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any ’d Item arranged between Members, (ii) the truth, accuracy or suitability of any description or any other aspect referred to by Members on the Airposted Platform, (iii) the performance or conduct of any Member or third party or (iv) the legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between Members or the subject matter thereof. While we may provide information that may be helpful in assisting you to evaluate another Member, and their status in the Airposted community, Airposted does not endorse any particular Member or any ’d Item. Any reference to a Member being “Verified” (or similar language) only indicates that the Member has completed a verification or identification process and nothing else.
To promote the Airposted Platform and to increase exposure to potential Members or their desired ’d Items, content from the Airposted Platform may be displayed on other websites, applications, other communications (including email or SMS or other text message services), and in online and offline advertisements. To assist Members who speak other languages, content from the Airposted Platform may be translated, in whole or in part, into other languages and where done so, Airposted does not guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of them.
Account Registration, Member Verification and Other Member Representations And Warranties
To access some of Our features and services, You will need to validly register for an account and to become a Member. You are only eligible to have one (1) Account at a time, and are not allowed to transfer Your account at any time to another person or entity. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction (s).
You also represent and warrant that You will comply with any and all applicable import and export control laws or customs laws in Your local jurisdiction. You also represent and warrant that (i) neither You nor the subject of Your transaction (i.e., ’d Items) is the subject of a United States or other country’s embargo, or that it has been designated by the United States Government as a “terrorist supporting” country and that (ii) You are not listed on any United States Government or any other country’s list of prohibited or restricted parties.
To create a Member account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password, or by using your existing third party networking accounts that are enabled by Airposted now or in the future such as Google, or Facebook, Twitter or others (“Third Party Networks”), if any. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Airposted Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Airposted Account password and other information, if applicable to a Third Party Network, and You are solely responsible for all activity that occurs on or through your Account or Third Party Network created account and that You will immediately inform Airposted of any suspected unauthorized use. Airposted is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Airposted or third parties due to unauthorized use of Your Account.
You acknowledge and agree that, as permitted by applicable laws, Airposted may in its sole discretion, but is not obligated to, obtain reports from consumer reporting agencies or otherwise review publicly available information about Members, including sexual offender registration lists or databases compiling information about criminal convictions relating to, without limitation, crimes of violence, theft, burglary, conspiracy, abuse, neglect, fraud, dishonesty, perjury, forgery, embezzlement, cyber crimes, identity theft, drug related offense, obstruction, organized crime, prostitution, warrant violations, weapons offenses and crimes which endanger the life or property of others. By accessing or using the Airposted Platform, You authorize us to use Your personal information (including name, address, date of birth or other identifying information) to obtain these reports and agree that we may, in our sole discretion suspend, cancel, block, restrict or terminate Your access to the Airposted Platform based upon Our evaluation of such reports, again in our sole discretion. If we undertake an effort to verify Your background through these or other methods (which we are not obligated to do under these Terms), and choose to identify you as “Verified,” such a notation shall mean nothing other than that You completed a verification or identification process and shall not constitute an endorsement of You or any other Member to the public or to any Member.
SMS or Text Messaging
By creating an Account, and becoming a Member, You agree that the We may send you text (SMS) messages as part of the normal business operation of Your use of the Airposted Platform. Such uses include without limitation, to provide You with information you requested from Airposted or its Members, to let you know about features, functions, improvements or changes to the Platform, to facilitate Your identification of desired Members or Members who may be able willing to discuss ’d Items, or other aspects of your Account.
These text (SMS) messages may be automated or non-automated, and while Airposted does not charge You to send or receive such messages, message and data rates may still apply by your carrier or other provider. You may opt-out of receiving text (SMS) messages from Us at any time by contacting our Support team. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of and ability to fully use the Airposted Platform.
Prohibited Conduct
Regardless of whether you access or use the Airposted Platform with or without an account, by accessing, searching on or using the Airposted Platform in any way, You agree that will not:
User or Third Party Generated Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content created wholly by You or third parties and that is not created in whole or part by Us (“User Content”), which may include but is not limited to profile information, information about Airposted Items or relationships and similar content. By making available User Content to Us, You grant to Airposted an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the User Content on the Airposted Platform and for any other purpose in our sole discretion, except that private messaging through the Airposted Platform will not be used by Airposted in public advertising. The license granted by You to Airposted will survive termination of these Terms and shall survive termination of the Airposted Platform, if any, or termination of Your Account. Airposted does not claim any ownership interest or rights in Your User Content and nothing in these Terms shall be deemed to restrict rights You may have in Your User Content.
You acknowledge and agree that Airposted has no role in the creation, either in whole or in part, of User Content you provide to Airposted or to the Airposted Platform and that You alone are solely responsible for all User Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein. You thus represent, warrant and agree that (i) you either own or have all necessary rights, licenses, consent and releases necessary to grant Airposted the rights in User Content under these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of User Content or Airposted’s use of Your User Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order. You acknowledge and agree that Airposted may exercise any traditional editorial function as to User Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content, and that it remains Your sole responsibility to monitor your User Content and to guarantee that any such edited User Content is accurate and consistent with your representations, warranties and agreements in these Terms.
We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Airposted Platform or to User Content that We consider to be a violation of these Terms, Airposted policies and procedures, We consider harmful to the Airposted Platform, to Airposted or to any other Member or third party or which We consider to be otherwise objectionable or for any other reason.
Payment Terms and Appointment of Airposted as Limited Payment Collection Agent
Payments-Related Representations and Warranties
As set forth above, except where we otherwise specifically agree in writing, Airposted does not own, create, sell, offer, resell, provide, control, manage, buy, offer to buy, bring, or offer to bring or supply any ’d Items or any other tangible or intangible thing that You may discuss with another Member. When Shoppers and Travelers make or accept an offer to transact, they are entering into a contract with each other, and even though Airposted may act as a limited payment collection agent as defined below, it is not a party to any agreement discussed or entered into between Members.
Airposted may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party websites, applications, services or resources (“Third Party Services”). Any such Third Party Services are subject to different terms or conditions and privacy practices created or controlled by third party providers and not Airposted, and Members should review them carefully and independently. Airposted is not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third Party Service providers shall not constitute an endorsement by Airposted of such providers or their services.
You may not use Airposted’s payment related services except as authorized by the laws of the United States of America, the laws of the jurisdiction where you reside, and any other applicable laws. Specifically, but not by way of limitation, Airposted’s payment related services may not be used to send or receive funds or currency into (i) any United States embargoed countries; (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s list of Denied Persons List or Entry List. By agreeing to these Terms, by accessing and/or using the Airposted Platform, you further represent and warrant that (i) neither you nor the subject of your transaction (e.g., items, goods, products, services, tangible or intangible things) are located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) that you are not listed on any United States Government list of prohibited or restricted parties. Additionally, notwithstanding your agreement to the above relating to the laws of the United States of America and its subdivisions, localities and municipalities, you also hereby agree to comply fully with relevant export and import and customs laws in your local country and jurisdiction.
Payment Processing Services
Payment processing services, which are a key feature of the Airposted Platform, are currently provided by Stripe, and where applicable, may include money transmission services pursuant to licenses or other regulatory approvals held by Stripe. Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By agreeing to these Terms or by accessing, searching or using the Airposted Platform, You agree to be bound by the Stripe Connected Account Agreement and the Stripe Services Agreement, as they may be amended or modified from time-to-time by Stripe. Airposted’s provision of any payment processing services through Stripe is subject, and conditioned upon, Your agreement to provide Airposted up-to-date, accurate, and complete information relating to you and your payment instrument (s) and You expressly authorize Airposted to share this information and transaction-related information relating to your use of payment related services with Stripe. Airposted reserves the right to provide payment processing services through other third party vendors, and if it choose to do so, will provide notice to you via Airposted Messaging or through another method.
Appointment of Airposted as Limited Payment Collection Agent
By agreeing to these Terms, and in accessing or using the Airposted Platform, Travelers appoint Airposted as their respective limited payment collection agent, authorized to receive and collect payments for transactions entered into between Members, including (i) Item Costs, (ii) Airposted Service Fees, (iii) Traveler’s Fees, (iv) Acceleration Fees, if any, and (iv) Taxes and other Government Regulatory Fees (for example, without limitation duties, tariffs or government charges) (“Total Fees”) owed by Shoppers to Travelers as set forth in these Terms. Payments made by Shoppers to Airposted in connection with an Offer shall be considered the same as a payment made directly to Travelers, and Travelers agree to provide the ’d Items to Shoppers in the agreed-upon manner as if the Traveler has received payment directly from Shoppers. You further agree that Airposted’s obligation to remit payments to Travelers is conditioned upon and extends only to sums that it has successfully received from Shoppers in accordance with the relevant agreements, and also that in accepting appointment as the limited payment collection agent, Airposted assumes no liability for any acts or omissions of Shoppers or Travelers, Members or any other person. As limited payment collection agent, Airposted assumes no liability or obligation for any funds or obligations owed by Shoppers that were not collected by Airposted in its role under this Paragraph.
Each Shopper and Traveler acknowledges and agrees that, notwithstanding the fact that Airposted is not a party to the agreement between Travelers and Shoppers, Airposted acts as the Travelers payment collection agent for the limited purpose of accepting collection from Shoppers on behalf of the Traveler. Upon Shoppers' remittance to Airposted, Shoppers' payment obligation to the Traveler for agreed upon amounts is extinguished, and Airposted is responsible for remitting funds collected to Travelers in the agreed upon manner. In the event that Airposted does not remit such amounts, Travelers' recourse is only against Airposted, and not Shoppers directly.
If any Member does not make a payment properly, or if Airposted cannot properly charge a payment method on file with it, or any other payment method for any reason, Airposted expressly reserves all rights under applicable law to recover payment as well as all its costs and expenses incurred, including reasonable attorneys' or other professionals' fees, in pursuing such payment (s).
Transactions Between Shoppers and Travelers on Airposted
Airposted strives to make the Airposted Platform useful, simple and efficient. Airposted Shoppers located globally may gain access to friends who have better availability to Items in other markets who may be fully willing to bring these items to their Airposted friends and colleagues. At the same time, Airposted enables Travelers to help their friends and community, and may even help them defray the time and expense of their travel to see and help their global Airposted friends. Through the Airposted Platform, Airposted helps to bring diverse groups of people together, and hopefully, to minimize the differences and divisions that can accumulate over time, geographical distance and cultures.
As set forth more fully below, in a typical transaction facilitated on the Airposted Platform, the Shopper publishes an invitation called a “Shopper Request” which identifies desired ’d Items. Interested Travelers or Travelers matched by the Airposted Platform, may then make offers to bring ’d Items on terms expressed between Members in a “Traveler’s Offer.” When agreed upon, execution of the “Shopper’s Acceptance, fixes the final and binding agreement between the Members.
The Shopper Request
After finding an Item of interest, Shoppers must create a valid Shopper’s Request. The Shopper’s Request is made when the Shopper uses the Airposted Platform submission tool to (i) describe the item specifically including the price; (ii) to add the location (City and Country) where the Shopper is or where they want the Items brought, and (iii) to add the desired receipt date. Airposted advises Shoppers to be as specific as possible and provides a place to “Include a Note to Your Traveler” to help ensure that a Traveler obtains and brings only the desired item. Shoppers shall not request Prohibited Items.
Prohibited Items
Airposted Shoppers expressly agree not to use the Airposted Platform or to request that a Traveler obtain or bring any item that is prohibited under the laws of the United States and/or its subdivisions, or of any international laws or laws of any local jurisdiction applicable to Members, goods, transit or destination. It is the responsibility of both the Shopper (and not Airposted) to refrain from requesting or bringing any Item that is prohibited either by the jurisdiction of disembarkation, transit or embarkation. Prohibited items include, but are not limited, to:
Airposted recommends that Shoppers and Travelers consult their respective government agencies which regulate items that may and may not be brought into or out of a country of origin, such as lists maintained by the United States Transportation Security Agency, (TSA). All travel from the United States, and packing related thereto, shall comply with all applicable TSA Rules.
Suggested Traveler Fees
When the Shopper creates a Shopper’s Request, the Airposted Platform may auto-calculate a suggested, optimal Traveler Fee, for illustrative purposes in planning the Shopper’s transaction. As explained below in the section “Fees,” the actual Traveler Fee on any given transaction is set entirely by the Traveler and may be more than, or less than the suggested Traveler Fee.
The Travelers Offer
To assist Members to locate and communicate with each other, including potentially dates upon which Members can meet in person, The Airposted Platform allows Travelers to enter the details of upcoming travel dates, and to browse published Shopper’s Requests made by their Airposted friends. Travelers can indicate their preference to be notified of upcoming Shoppers' Requests that may correspond to their planned trips, or trips that they may be willing to take.
Upon finding a suitable Shopper’s Request, Traveler must submit a “Traveler’s Offer”. The Traveler’s Offer must contain and describe each component of the Total Fees:
Fees
The following components that make up the Total Fees must be contained in, and fully described in the Traveler’s Offer. When Accepted, the Traveler’s Offer establishes the final and total amounts to which the Shopper agrees.
(i) ’d Item Cost: Although a Shopper may specify a price in the Request, the actual ’d Item Cost shall be the amount specified by the Traveler in the Offer;
(ii) Service Fee: This is as service fee charged by and retained by Airposted for the use of its Airposted Platform by Shoppers and Travelers. Service Fees are collected by Airposted from Shoppers and deducted from remaining amounts remitted to Travelers by Airposted as the Traveler’s limited payment collection agent as described above. Service Fees are non-refundable.
(iii) Traveler’s Fee: The Traveler’s Fee is the amount Shoppers agree to give to their Traveler friends for helping the Shopper. As set forth above, Airposted may estimate a Traveler’s Fee for planning purposes, but the actual Traveler’s Fee is set by the Traveler in the Offer. The Service Fee and Traveler’s Fee may collectively be referred to by Airposted as the “Platform Fees).”
(iv) Acceleration Fee: The Expedited Fee, if any, may be added to ’d Items with the consent of both Shopper and Traveler to accelerate the time in which Travelers may obtain and bring ’d Items.
(v) Applicable Taxes: Airposted may auto-calculate an estimate of sales and other taxes associated with the Traveler’s Offer. Airposted always separately states the Applicable Taxes from the Item Cost, and the Platform Fees.
(vi) All government fees, tariffs and duties are the responsibility of the Traveler and Traveler is required to make sure that the Shopper is aware of such fees prior to accepting the offer.
Import Restrictions and Charges
It is the sole responsibility of the Travelers to be familiar with, to specify, and to include in the Traveler’s Offer. Although not exhaustive, Airposted may provide links to certain government and third party sites where Members can find out more information about their travel destinations and rules and regulations applicable to their travel, including:
Country Information from U.S. State Dept.--Bureau of Consular Affairs
Customs Duty Information from U.S. Customs and Border Protection
Country Information from Int'l Air Transport Ass'n
U.S. Customs and Border Protection Form 6059B
Shopper’s Acceptance
When the Shopper and Traveler have agreed to all aspects, including applicable timing and Total Fees, the Shopper must agree to the Traveler’s Offer, in what we call the “Shopper’s Acceptance.” The Shopper’s Acceptance is a agreement on all material terms between a Shopper and Traveler, under which they agree to be bound to each other to in the manner agreed.
Intellectual Property
All information and material on our Platform, other than User Content, is either owned by Airposted or is licensed by the respective owners. You are not allowed to use these materials except as we permit You to do so in writing. The trademarks and service marks Airposted and the associated logo and graphics are owned by Airposted protected by copyright, trademark and other laws of the United States, foreign countries and international conventions. Any other marks are the property of their respective owners. You agree that You recognize our rights and the rights of third parties in their respective marks and that You may not copy, use or other exploit them except as permitted in writing. We retain ownership of all of our intellectual property rights and You have no rights to our intellectual property or rights in intellectual property.
Subject to Your continued compliance with these Terms, and in Our sole discretion, Airposted grants You a limited, non-exclusive, revocable, royalty-fee, fully paid up, nontransferable, and non-sublicensable license to reproduce and display content from the Airposted Platform (excluding any software source code) only in connection with Your access to and participation in the Airposted Platform for Your personal and non-commercial use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, sell, perform or display content, except as expressly permitted in the Terms. No other licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Airposted or its licensors.
Warranty Disclaimers
We hope You enjoy using the Airposted Platform and find it invaluable. There are certain things that we do not and cannot promise.
YOUR USE OF THE AIRPOSTED PLATFORM SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AIRPOSTED DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON TO (A) MONITOR OR REVIEW OR EDIT USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER OR OTHER PERSON BOUND BY THESE TERMS
THE AIRPOSTED PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, AIRPOSTED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
AIRPOSTED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE AIRPOSTED PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE AIRPOSTED PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AIRPOSTED PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FACILITATED THROUGH THE AIRPOSTED PLATFORM WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE, APPLICATIONS OR CODE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AIRPOSTED PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE AIRPOSTED PLATFORM AND WITH THIRD PARTIES WITH WHOM YOU INTERACT WITH OR COMMUNICATE WITH AS A RESULT OF YOUR USE OR ACCESS OF THE AIRPOSTED PLATFORM. YOU UNDERSTAND THAT AIRPOSTED DOES NOT UNDERTAKE TO VERIFY THE ACCURACY OF OR STATEMENTS OF MEMBERS OR THIRD-PARTY USERS OF THE AIRPOSTED PLATFORM OR TO VERIFY ANY ITEMS THAT MAY BE THE SUBJECT OF A RELATIONSHIP FACILITATED BY THE AIRPOSTED PLATFORM.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTING UPON THE ADVICE OR DIRECTION OF AIRPOSTED OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS, NONE OF WHOM ADVISE OR DIRECT YOU OR YOUR COMMUNICATIONS OR YOUR TRANSACTIONS WITH MEMBERS OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO LEGALITY OF YOUR TRANSACTIONS. ITEMS, COMMUNICATIONS, TAXES, DUTIES, FEES OR OTHER CHARGES, OR GOVERNMENT OR CUSTOMS OFFICIALS OF ANY COUNTRY RELEVANT TO ANY TRANSACTION ATTEMPTED, CONTEMPLATED OR COMPLETED BY YOU OR BETWEEN MEMBERS FACILITATED BY THE AIRPOSTED PLATFORM. YOU ALONE ARE RESPONSIBLE FOR ANY STATEMENT MADE TO ANY GOVERNMENT OFFICIAL REGARDING ANY TRANSACTION ATTEMPTED, CONTEMPLATED OR COMPLETED BY YOU OR BETWEEN MEMBERS THAT IS FACILITATED BY THE AIRPOSTED PLATFORM, INCLUDING BUT NOT LIMITED TO, THAT YOUR TRANSACTION IS IN FULL COMPLIANCE WITH LOCAL LAWS THAT MAY APPLY TO SUCH TRANSACTION AND REMAIN AT ALL TIMES SOLELY RESPONSIBLE FOR ANY TAXES, FEES, DUTIES, IMPORT OR EXPORT CHARGES, FINES, PENALTIES, INTEREST OF PAYMENTS OF ANY KIND RELATING TO YOUR TRANSACTIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIRPOSTED OR THROUGH OR FROM THE AIRPOSTED PLATFORM, SOFTWARE OR CODE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
WHERE PERMITTED, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE AIRPOSTED PLATFORM, OR TO THE RELATIONSHIP BETWEEN YOU AND AIRPOSTED OR BETWEEN YOU AND OTHER MEMBERS, REMAINS WITH YOU AND NEITHER AIRPOSTED NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA OR FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY OF RECOVERY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
TO THE MAXIMUM EXTENT OF THE LAW, THE TOTAL LIABILITY OF AIRPOSTED, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS AND AUTHORIZED AGENTS FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN US, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE ACCESS OR USER OF THE AIRPOSTED PLATFORM IN THE SIX MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM OR IF NO SUM WAS CHARGED, THEN THE SUM OF ONE HUNDRED FIFTY DOLLARS ($150).
Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS CONTAINED IN THE WARRANTIES OR LIMITATIONS OF LIABILITY PARAGRAPHS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.
Copyright
We respect and expect Providers and Parents to respect copyright law. Where warranted, we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.
Third Party Sites
The Airposted Platform may contain links or connections to third party websites or services that we do not control. You accept the risk of accessing such sites and agree that we are not responsible for any associated risks. We are not responsible for and assume no risk associated with any third-party sites or content.
General Terms
Entire Agreement. These Terms constitute the entire agreement between You and Airposted and governs your use of the Airposted Platform, superseding any prior version of these Terms between you and Airposted with respect to the Airposted Platform. Additional Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Airposted rendered services. Choice of Law and Forum. You and Airposted each agree that the Terms and the relationship between You and Airposted or between You and any Member or third party shall be exclusively governed by the substantive laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between You and Airposted, to the extent not required to be filed in arbitration as provided in these Terms, shall be brought exclusively in the courts located in San Francisco County California or the United States District Court for the Northern District of California. You and Airposted agree to submit to the personal jurisdiction of the courts located within San Francisco County or the Northern District of California, San Francisco Division, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts, to venue in such courts and waive all claims of inconvenient forum. Waiver and Severability of Terms. The failure of Airposted to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Severability. If any provision of the Terms 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 Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that Your Airposted Account is non-transferable and any rights to Your Airposted Account or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted. Statute of Limitations. 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 Airposted Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect. Airposted Assignment. Airposted may freely assign the Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.
Acknowledgement
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
By registering at Airposted.com, the user (you) agree that you are at-least 18 years or older.
You also agree that Airposted will not be held liable for any misconduct or tax evasion or import duties or any such legal issues arising from the transactions or deals. You also agree that you will be liable and responsible for checking appropriate custom duties, import charges, product carrying limits and all other applicable laws pertaining to the country you are traveling to/from and buying from.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
Airposted reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Being a Traveler
Using Airposted.com you (the traveler) agree that you will not carry illegal or contraband or any such item(s) or good(s) that may cause injury or problem or damage or harm to any person or property or the society. The traveler may be held solely responsible for all item(s) or good(s) carried by them, being responsible for checking the legality of the item(s) or good(s) in the country the traveler is carrying to. The laws and regulations of the specific country government(s) can be found in their specific website or other form of communication and the traveler may be held solely responsible for failing to check before carrying the item(s) or good(s). We highly recommend the traveler to check the laws and regulations pertaining to taxes, customs and all other necessary fields including but not limited to legal issues before carrying a product to a country for any buyer. The traveler should not carry any item(s) or good(s) that the traveler thinks is unsafe or cause injury or problem or damage or harm to any person or property or the society.
Airposted LLC will not be responsible for any incident(s) arising from negligence of the traveler, where negligence refers to any act or precaution that traveler is expected to prepare for. Airposted LLC will also be not responsible for any misunderstanding between traveler and buyer or traveler and a country’s government or government agency or government agencies, criminal act or terrorist act or intent(s). Airposted LLC will also not be responsible for any problems or harm or liabilities caused by the traveler or the traveler’s product, which does not arise from the negligence of the traveler. Airposted LLC will also not be responsible for evasion of taxes or customs duty undertaken by the traveler. Airposted is a website that acts as a platform for buyers and travelers to meet with the intent of making a successful, legal deal.
Being a Buyer
Using Airposted.com you (the buyer) agree that you will not order illegal or contraband or any such item(s) or good(s) that may cause injury or problem or damage or harm to any person or property or the society. The buyer may be held solely responsible for ordering all item(s) or good(s) carried by traveler and be responsible for checking the legality of the item(s) or good(s) in the country the traveler is carrying to. The laws and regulations of the specific country government(s) can be found in their specific website or other form of communication and the buyer may be held solely responsible for failing to check before ordering the item(s) or good(s). We highly recommend the buyer to check the laws and regulations pertaining to taxes, customs and all other necessary fields before ordering a product to a country carried by any traveler. The buyer should not order any item(s) or good(s) that the buyer thinks is unsafe or cause injury or problem or damage or harm to any person or property or the society. The buyer may be held solely responsible for luring or enticing or bribing the traveler with money or other forms of good(s) and service(s) for carrying illegal or contraband or any such item(s) or good(s) that may cause injury or problem or damage or harm to any person or property or the society.
Airposted LLC will not be responsible for any incident arising from negligence of the buyer, where negligence refers to any act or precaution that buyer is expected to prepare for. Airposted LLC will also be not responsible for any misunderstanding between buyer and traveler or buyer and a country’s government or government agency or government agencies, criminal act or terrorist act or intent. Airposted LLC will also not be responsible for any problems or harm caused by the buyer or the buyer’s product, which does not arise from the negligence of the buyer. Airposted LLC will also not be responsible for evasion of taxes or customs duty undertaken by the buyer. Airposted is a website that acts as a platform for buyers and travelers to meet with the intent of making a successful, legal deal.
Referring or making a Referral*
Any user who is registered with Airposted can refer a friend. You do not need to have ever shopped an item on Airposted or been an Airposted traveler to refer a friend. We refer to the person receiving a referral code as your referral. Referral codes should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via email, Twitter, Facebook, and personal blogs. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends (such as coupon websites, Reddit, Wikipedia).
Sharing Referral Links*
Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia, etc.).
Multiple Referrals*
A referred friend may only use one referral link. If a referred friend receives referral links from multiple Airposted users, only the corresponding Airposted user of the referral link used by the referred friend will receive Airposted Credit.
Termination and Change(s)*
Airposted may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Requirements, Promotions and incentives may also change at any time. Airposted Credits earned as a result of fraudulent activities are null and void. We reserve the right to suspend accounts or remove referrals if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or cancel or modify referrals as we deem fair and appropriate. Non-fraudulent accrued Airposted Credits are not affected by suspension or termination of the Referral Program or a user’s participation.
Updates to the Terms
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Airposted website, applications, or services, which are effective upon posting.
Airposted makes available a peer-to-peer platform with related technology for Buyers and Traveler to connect and arrange for Deal between them. Airposted is not an owner or seller or retailer or broker or commissioned agent of including, but not limited to, any product and services made and marketed by third party corporations, companies, individual seller or government service provider, nor is it a local or international insurance or shipping service. Airposted does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, shipping, insurance or transportation or travel services. Our responsibilities are limited to: facilitating the availability of the Site.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF DEALS. AIRPOSTED CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DEAL. AIRPOSTED IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND DEALS. ACCORDINGLY, ANY DEALS WILL BE MADE AT THE MEMBER’S OWN RISK.
No Endorsement
Airposted does not endorse any Members or any commercial authenticity of any business entity. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. The feedbacks and user ratings left by members of Airposted’s community are not governed by Airposted or endorsed by Airposted.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Airposted with respect to such actions or omissions.
Resolution Center (emailing us with complaints regarding a deal at support@Airposted.com) We encourage you to communicate directly with other Members on our site regarding any deal made by you before opening a complaint under our resolution center. If you are not satisfied you are welcomed to open or file a complaint and we will get back to you and the other party, both. We will review the messages and all other exchanges made by both parties on our site and reach a decision we consider will be fair. Fair is a relative term and Airposted will not be responsible or held liable for the decision reached after the complaint.
Posting and Listing Fee(s)
Please note that Airposted does not charge fee(s) for the creation of Listings or postings as of now.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
a. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
b. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
c. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
d. use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
e. copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
f. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
g. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
h. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
i. use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
j. "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Airposted Traveler and Shopper;
k. register for more than one Airposted account or register for an Airposted account on behalf of an individual other than yourself;
l. contact a Shopper for any purpose other than asking a question related to a Deal,
m. contact a Traveler for any purpose other than asking a question related to a deal
n. when acting as a visitor or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to Airposted, without Airposted’s prior written approval;
o. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
p. use automated scripts to collect information or otherwise interact with the Site, Application or Services;
q. as a Traveler, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
r. or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
s. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
t. use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Airposted’s name, any Airposted trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Airposted’s express written consent;
u. access, tamper with, or use non-public areas of the Site or Application, Airposted’s computer systems, or the technical delivery systems of Airposted’s providers;
v. attempt to probe, scan, or test the vulnerability of any AIRPOSTED system or network or breach any security or authentication measures;
w. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Airposted or any of Airposted’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
x. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
y. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Airposted has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. AIRPOSTED may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that AIRPOSTED has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Airposted reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Airposted, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Member Content(s)
We may, in our sole discretion, permit Members to post, list, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Airposted a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on or by means of the Site, Application and Services. Airposted does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: a. you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Airposted the rights in such Member Content, as contemplated under these Terms; and b. neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Airposted’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Airposted is not responsible or liable for:
a. the availability or accuracy of such websites or resources; or b. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Airposted of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Email Subscription and Contact Information Share Policy
We will not share any personal information that you provide us with any third party/parties. When you subscribe to our email list or register as a user, we will send you emails, notifications, advertisements and other marketing promotions that you hereby agree, by providing us with your email and contact information.
Miscellaneous
• Privacy and Sharing information
The user or customer of Airposted.com is responsible for sharing all information regarding trip date(s) and itineraries and buying information and any and all other information such as but not limited to (date of birth, contact number, address) shared in our website with us and all other Airposted.com users. All your information, except only Credit Card and PayPal Email and Bank Account details or numbers are shared publicly in our site which means that all the information is visible to other Airposted user(s).
A post or update regarding the user’s trip itinerary or buying wish or information such as address, date of birth, contact number and other such fields are visible to any and every user that has registered for our service(s). An Airposted.com user is defined by any individual(s) that has signed up or registered for our service(s). Under no circumstance, shall Airposted.com be held liable or responsible for any form of event(s) or incident(s) or accident(s) that is caused by the information shared by the users. We do not share your bank and PayPal and credit card details with other Airposted users.
• Relationship
Customer and Airposted are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this or any other Agreement.