Terms of service.

Welcome to the website of Fork & Post, a social media agency owned by Victory International LLC ("Fork & Post," "we," "us," or "our"). These terms of service ("Terms of Service") govern your use of our website, including all content, functionality, and services offered on or through our website (collectively, the "Services"). By using our Services, you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific portions of the Services. If you do not agree to these Terms of Service, please do not use our Services.

1. Use of Services Fork & Post provides its Services solely for lawful purposes and in accordance with these Terms of Service. You may use the Services only for your own personal and non-commercial use, or for the internal business purposes of your organization. You may not use the Services in any way that violates any applicable federal, state, local, or international law or regulation, or for any purpose that is unlawful or prohibited by these Terms of Service.

2. Intellectual Property The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Fork & Post, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Services for your personal or internal business purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Services for your own personal or internal business use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or internal business use, provided you agree to be bound by our end-user license agreement for such applications.

1. User Content The Services may allow you to submit or post content, including but not limited to comments, feedback, photos, videos, and other materials (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you submit or post. By submitting or posting User Content, you grant Fork & Post a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media now known or hereafter developed, without compensation to you. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to Fork & Post and its affiliates and service providers, and that your User Content does not violate these Terms of Service or any applicable law.

2. Prohibited Uses You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software.

• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Fork & Post, may harm Fork & Post or users of the Services or expose them to liability.

• To impersonate or attempt to impersonate Fork & Post, a Fork & Post employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

• To upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

• To upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.

• To upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

• To upload, post, email, transmit, or otherwise make available any material that 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.

1. Indemnification You agree to indemnify, defend, and hold harmless Fork & Post, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.

2. Disclaimer of Warranties THE SERVICES AND ALL CONTENT, SERVICES, PRODUCTS, AND SOFTWARE ASSOCIATED WITH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER FORK & POST NOR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS MAKE ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

3. Limitation of Liability IN NO EVENT WILL FORK & POST, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FORK & POST'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

1. Termination Fork & Post may terminate or suspend your access to all or part of the Services, with or without notice, for any reason or no reason, including, without limitation, breach of these Terms of Service. Upon termination or suspension, your right to use the Services will immediately cease, and Fork & Post may, in its sole discretion, delete or remove any User Content related to your use of the Services.

2. Governing Law and Venue These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.

3. Miscellaneous These Terms of Service constitute the entire agreement between you and Fork & Post regarding the use of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Fork & Post's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fork & Post in writing. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.