1. Acceptance of Terms

1.1. Agreement Through Usage. POST AR Design Marketplace (“POST”)
provides the POST mobile device application and the website, http://www.iwepost.com, (collectively, the “App”) for services such as uploading and downloading content, including one or more photographs, illustrations, images, or other pictorial or graphic work (collectively referred to as “Work”) onto or from the App and provides further available services and products (collectively referred to as “Services”) on the App. BY USING THE APP, YOU AGREE TO AND ARE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND ANY MODIFIED OR ADDITIONAL TERMS THAT POST MAY PUBLISH FROM TIME TO TIME (COLLECTIVELY, THE “TERMS OF USE”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THE TERMS OF USE, DO NOT ACCESS OR USE THE APP. YOUR USE OF THE APP SHALL BE DEEMED YOUR AGREEMENT TO THE TERMS OF USE, AND IF ACTING ON BEHALF OF A THIRD PARTY, ENTITY, OR YOUR EMPLOYER, SUCH THIRD PARTY’S, ENTITY’S, OR EMPLOYER’S AGREEMENT, TO ABIDE BY EACH OF THE TERMS SET FORTH IN THESE TERMS OF USE.

1.2. Changes to Terms of Use. POST may change these Terms of Use from time to time. Your continued use of the App constitutes your acceptance of such changes. Your access and use of the App will be subject to the current version of the Terms of Use, rules, and guidelines posted on the App at the time of such use. Please regularly check the “Terms of Use” link on the home page of POST to view the then-current terms. If you breach any of the Terms of Use, your license to access or use the App shall terminate automatically. If you have any questions about the Terms of Use, you may contact POST by mail at contact@iwepost.com

1.3. Capacity to Agree. You may only use the Services and purchase a Customer Standard License, as provided under section 3.2. to a Work if (a) you have the legal capacity to enter into this agreement with POST, (b) your use and/or purchase do not violate applicable law, and (c) your use and/or purchase does not violate the Terms of Use.

1.4. Minimum Age. All account owners must be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use POST’s Services only if they have permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Services. As the owner, you are responsible for any and all account activity conducted by a minor on your account.

1.5. Other Applicable Agreements and Policies. If your material, including, but not limited to, Work, is uploaded as a design for other users to purchase through the App, you are a Designer and are subject to the additional rights and restrictions set forth in the Designer Policies that is incorporated herein by this reference. Upon purchase and completion of an order to download a Work, you become a Customer and are subject to the additional rights and restrictions of section 3.2. and its applicable subsections, and are deemed as having used the Services. In addition, when you use any of the Services you will be subject to the Privacy Policy and Returns and Exchange Policy as applicable, and they are incorporated into these Terms of Use by this reference.

2. Description of the App

2.1. General Description. The App includes an online marketplace that allows Designers to upload their Work, which can be previewed on models of people or items using AR technology, and downloaded for use in the sale of certain products via Producers’ websites. Product manufacturers (referred to as “Producers”) are then responsible for producing and delivering the products to the App’s customers. POST does not sell any items.

2.2. Customer Registration. Each Customer must register with POST prior to purchasing a Work. If you register on behalf of a business entity, you personally guarantee that you have the authority to agree to the Terms of Use on behalf of the business. You are responsible for maintaining the confidentiality of your registration and account. You are responsible for all activities that occur under your registration and account. It is important to protect against unauthorized access to your computer.

2.3. Upload. Any Work uploaded by a Designer must be done through his or her own account, and such Work will be subject to the Designer Policies. The Designer Policies is incorporated into these terms by reference. The fees a Designer will earn through Customer purchase of a Work are set by POST, as set forth in the Designer Policies or any supplemental appendix attached thereto.

2.4. Contact with Designers. Any entity, personality, brand or others who would like to contact a Designer will make its request to POST. POST will then facilitate a means for communication with the Designer without any compensation from the requesting entity/personality/brand/other or the Designer, other than informational postings and/or statements such as, but not limited to, a statement on the App that the request for an introduction was received.

2.5. Agreement to Privacy Policy. POST’s Privacy Policy governs any personal information you provide to POST and is incorporated into these terms by reference. By using the Services or App you agree to the terms of the Privacy Policy. The Privacy Policy can be found on the homepage of the App.

3. Your Use of Works

3.1. Designer Restrictions. A Designer may only upload a Work to the App in accordance with these Terms of Use and the Designer Policies. The Designer agrees not to use, reproduce, distribute, display or create derivative works based on any Work that appears on the App, except as expressly allowed under the terms of the Designer Policies.

3.2. Customer Standard License. Subject to compliance with the Terms of Use, a
Customer receives a Standard License to a Work upon completing a purchase. The purchase
includes access to download a digital copy of the Work in exchange for a sum, as indicated on
the App in United States Dollars (“USD”). The Standard License is non-exclusive, perpetual, worldwide, non-transferable (except pursuant to section 3.2.1.), non-sublicensable license to use, reproduce, archive, modify, and display the Work, in all media, for advertising, marketing, promotional, and decoration purposes.

3.2.1. Additional Rights. The following additional rights of this subsection are subject to further restrictions of section 3.3.

3.2.1.1. Employer or Client Use. The Customer may use the Work for the benefit of a client, provided that the Customer transfers the Standard License purchased for the Work to the client via an enforceable written agreement that includes terms no less restrictive than these Terms of Use. The Customer is solely responsible and liable for use of the Work by its employer and/or client. The Customer must purchase additional licenses for the same Work if it intends to use the same Work for the benefit of other clients.

3.2.1.2. Employee and Contractor Use. The Customer may transfer files containing the Work or permitted derivative works to employees or subcontractors, provided that such employees and subcontractors agree in an enforceable written agreement to abide by the restrictions in these Terms of Use and only use the Work on the Customer’s behalf. Except as provided in subsection 3.2.1., the Customer may not transfer the unmodified Work, and employees and subcontractors have no additional rights to use the Work.

3.2.1.3. Composite License. Subject to compliance with these Terms of Use, POST grants the Customer the right to use, reproduce, modify, or display “comp” (i.e. composite) or preview versions of the Work solely for previewing how the Work may look in production for up to 90 days from the date of download (“Comp License”). Unless a Customer Standard License is purchased, the Customer has no right to a production use of the Work or make the Work publicly available. POST makes no guarantee that any Work downloaded under a Comp License will be available for purchase under a Customer Standard License thereafter.

3.2.2. Standard License Specific Restrictions. In addition to General Restrictions listed under section 3.3., the following restrictions apply to any Work under a Customer Standard License.

3.2.2.1. Commercial Work Incorporation. A Customer may not incorporate Work into merchandise intended for sale or distribution, including “on demand” products, unless (i) the Work has been modified to the extent that the new work, as incorporated
into such merchandise, is not substantially similar to the Work and can qualify as an original work of authorship; or (ii) the primary value of such merchandise does not lie with the Work itself. For example, producing an unmodified Work in print form intended for sale or distribution is not permitted, as the primary value would lie in the Work itself.

3.2.2.2. Template Incorporation. A Customer may not use, include, or incorporate the Work in any electronic template or design template application (e.g. a web design or presentation template, or templates for electronic greeting cards or business cards).

3.2.2.3. Press Release Distribution. A Customer may not use, reproduce, distribute, or display the Work with a press release that includes the distribution of the stand-alone image file to the media.

3.3. General Restrictions. You must not: (a) use the Work in any way that allows a third party to use, download, extract or access the Work as a stand-alone file or in a way that exceeds the scope of this license to the Work; (b) take any action in connection with the Work that infringes the intellectual property or rights of any person or entity, such as the moral rights of the Designer and the rights of any person who, or any person whose property, appears in the Work; (c) use as, or incorporate the Work into, a trademark, logo, or service mark; (d) use the Work in a pornographic, defamatory, or otherwise unlawful manner; (e) use the Work in a way that depicts models and/or property in connection with a subject that a reasonable person could consider unflattering, immoral, or controversial, taking into account the nature of the Work, including, but not limited to, advertisements for tobacco products; adult entertainment; endorsement of political, ideological, or religious beliefs and/or movements; or implying mental or physical impairment; (f) use of the Work in an editorial manner without the accompanying credit line or attribution, placed in a way that is reasonable to the applicable use, in the following format: “Contributor Name / POST”, or as designated on the App; (g) remove, obscure, or alter any proprietary notices associated with the Work, or give any express or implied misrepresentations that the Customer or another third party is the Designer, author, creator, or copyright holder of any Work; or (i) use the Works or any title, caption information, keywords, or other metadata associated with Works for any (1) machine learning and/or artificial intelligence purposes; or (2) technologies designed or intended for the identification of natural personas; or (h) provide or make the Work available on any social media platforms such that the Work is downloadable, copyable, and or shareable with one or more third parties.

3.4. Ownership. Ownership of any Work is not transferred, and no sale of any Work is effectuated, on or through the App. POST and/or the Designer retain all title and ownership rights in and to the Work. The Work is covered and protected by POST’s or the Designer’s copyright, trademark, and other intellectual property rights. Customers only purchase licenses to use such Works, in accordance with these Terms of Use.

3.5. Editorial Use Restrictions. For Work designated as “editorial use only”: (a) you may only use this Work (i) in a manner that maintains the editorial context and meaning of the Work; (ii) in relation to events or topics that are newsworthy or of general interest to the public; and (iii) in compliance with any additional third-party licensor restrictions displayed on the App; (b) the Customer must not (i) use this Work for any commercial (i.e. promotional, advertorial, or merchandising) purpose; or (ii) modify the Work, except for minor adjustments for technical quality or slight cropping or resizing; (c) the Customer must include the accompanying credit line or attribution, placed in a way that is reasonable to the applicable use, in this format: “Contributor Name / POST”, or as designated on the App; and (d) if the Customer wishes to use an editorial Work for a commercial purpose, you must (i) obtain a license directly from the copyright owner of the Work; and (ii) secure additional permissions as necessary.

4. Intellectual Property

4.1. Protected Content. All content contained on or distributed through the App, including but not limited to text, data, photographs, graphics, Works and related metadata by POST (the “POST Content”), its advertisers or other third parties, as well as the selection and arrangement of the POST Content, may be protected by trademarks, service marks, copyrights, and/or other proprietary rights and laws.

4.2. Violations. You may not download, distribute, display and/or copy any POST Content. Any Unauthorized Use of any POST Content violates any such applicable laws and the Terms of Use.

4.3. Unauthorized Use. Except as expressly provided herein or in a separate license agreement between you and POST, POST does not grant any express or implied permission to use the App, the Services, or any POST Content. You may not use or distribute any POST Content received through this App without the prior authorization of POST or the POST Content owner. You agree not to publish, reproduce, copy, republish, frame, link to, upload, download, post, email, sell, transmit, modify, adapt, create derivative works based on, rent, lease, loan, assign, display, perform, license, sublicense, reverse engineer, or otherwise distribute POST Content, in whole or in part, available through this App in violation of applicable copyright and other intellectual property laws. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the App or POST Content.

4.3. Watermarks and Copyrights. You may not remove any watermarks or copyright notices contained in the POST Content, unless POST has expressly licensed the POST Content and such actions are specifically permitted by written agreement with POST.

4.4. Designer Rights. The Designer retains all ownership rights to the original Work submitted to the App pursuant to the terms of the Designer Policies. By submitting a Work to POST, the Designer grants POST an exclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute the Designer’s Work, and further grants POST a license to further sublicense to its affiliates and related companies, pursuant to the terms of the Designer Policies.

4.5. Trademarks. POST’s common law and/or registered trademarks, service marks, logos, trade names, internet domain names, trade dress, product images, and any other indications of origin, including any of the foregoing that have been licensed by POST, may not be used with any product or service that does not belong to POST, in any manner that is likely to
cause confusion among Customers or Designers, or in any manner that disparages, discredits, or disassociates POST. All other trademarks, product names, company names and logos not owned by POST that appear on the App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by POST. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by POST, unless expressly so stated.

5. Your Use of the App

5.1. General License to Your Content. In addition to the necessary licenses to the Work as stated in the Designer Policies, POST requires certain licenses from you to your content uploaded or posted on the App. When you upload content (such as your comments on blogs) to the Services, you grant POST a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating and improving the Services.

5.2. Feedback. You have no obligation to provide POST with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to POST, then you grant POST a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

5.3. Responsibility. POST has no obligation to review any Work or other content uploaded or posted onto the App, and POST has no responsibility for any such Work or other content. POST has the right to accept or deny, delete, move or edit any Works or content uploaded or posted onto the App. If you upload or post any Work or content onto the App, or any Work or other content is uploaded or posted onto the App using your account, then you remain solely responsible for such Work or other material or content.

5.4. Content on Other Apps. POST has no responsibility for any content on other websites to which you may access from the App, including any blog, comments to any blog, or any forum on the App. POST makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practice of such third parties or their websites. Such websites are not under the control of POST, and POST provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by POST.

5.5. Modification. POST may change, update, or discontinue any or all of the Services on the App at any time. POST may remove or revise any materials on the App for any reason at any time without notice to you, including without limitation due to concerns related to intellectual property rights, appropriate consents, or contractual obligations or legal requirements. POST has no obligation to make, or continue to make, the App or any particular portion or related service available to you.

6. Restrictions

6.1. Prohibitions. You must not misuse the Services or the App. For example, you must not: allow any other person access to your account; sell or transfer your account to another person or entity; use the App in any manner that is not permitted by these Terms of Use or that violates any applicable law; upload or post onto the App, or use the App to transfer, any Work or other material that is covered or protected by copyright, trademark or other intellectual property rights, or any right of publicity or privacy, unless you own or control such rights or have received all necessary consents; upload or post onto the App, or use the App to transfer, any Work or content that is or contains any elements that is libelous or slanderous or otherwise defamatory, obscene, pornographic, indecent or otherwise unlawful or immoral; upload or post onto the App, or use the App to transfer, any Work or content that exploits minors; upload or post onto the App, or use the App to transfer, any Work or content that depicts unlawful or violent acts; upload or post onto the App, or use the App to transfer, any Work or content that promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; upload or post onto the App, or use the App to transfer, any Work or content that violates any law, statute, or regulation; upload or post onto the App, or use the App to transfer, any Work or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive or destructive features; attempt to gain unauthorized access to any hardware or software systems or networks associated with the App, or obtain any services or information not intentionally made available to you on or through the App; attempt to gain unauthorized access to the account of any other person or entity, or otherwise interfere with any other person's or entity's use, of the App; or use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the App, including, without limitation, with respect to the origin or source of any Work or other material or content that you upload or any identifying information for your account.

6.2. Fraud. You may not use the App in a fraudulent manner, or otherwise in a manner for which the App is not reasonably intended to be used.

6.3. Infringement of Rights. POST respects the intellectual property rights of others. POST asks that you, App and Services users, Customers, and Designers do the same. POST may terminate the accounts of Customers and/or Designers, and/or other users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that any image or materials made available by POST infringes upon any copyright that you own or control, you must notify POST.

7. Account and Payment

7.1. Confidentiality. You must keep your account information confidential. Your account information is personal to you and may not be shared with, or transferred to, any other person or entity.

7.2. Responsibility of User. You are solely responsible for each and every use of your account. POST may rely on the use of your account as conclusive evidence that you have used the App.

7.3. Pricing, and terms of sale. Prices for designs are described on the App and are incorporated into this Terms of Use. All prices are in USD unless otherwise expressly stated to the contrary. Prices may change at POST’s discretion. POST may offer promotional discounts from time to time. You must agree to the terms of the promotion to be given the discount.
Transfer of Ownership and Responsibility Once the download link for the design has been provided, intellectual ownership of the product and all responsibility for its use or storage are transferred to the buyer. POST cannot be held liable for any loss, deletion, or misuse of the file after it has been made available.
7.4. Fees and taxes. Customers are responsible for paying all fees and applicable taxes
in a timely manner with a valid payment method.

8. Representations and Warranties

8.1. Users. By using the App, you agree to understand and be bound by these Terms of Use.

8.2. Designers. By uploading Work to the App, you agree to understand and be bound by these Terms of Use, and make the representations and warranties set forth in Designer Policies.

9. Indemnification

9.1. Indemnity for User or Designer Action. You will indemnify POST and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Works or other content that you provide to POST, your use of the Services or App, or your violation of these terms.

9.2. Right of Control. POST has the right to control the defense of any claim, action or matter subject to indemnification by you with counsel of POST’s own choosing. You will fully cooperate with POST in the defense of any such claim, action or matter. You may not settle without prior authorization from POST.

10. Disclaimer of Warranties

10.1. General Disclaimer. The Services, Works, and App are provided on an “AS-IS” and “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POST DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. POST MAKES NO COMMITMENTS ABOUT THE WORKS OR CONTENT WITHIN THE SERVICES. POST FURTHER DISCLAIMS ANY WARRANTY THAT (A) THE SERVICES OR WORKS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF THE SERVICES OR WORKS WILL MEET YOUR EXPECTATIONS; OR THAT (D) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED.

10.2. Specific Disclaimer. POST SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF ANY SERVICES OR WORKS. YOU MAY USE AND ACCESS THE SERVICES OR WORKS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE AND ACCESS OF ANY SERVICE OR WORKS.

11. Limitations of Liability

11.1. Waiver of Liability. Under no circumstances including, without limitation, its own negligence, shall POST or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating producing, transmitting, or distributing POST or related Services be liable for any direct, indirect, special, consequential, incidental, exemplary, or punitive damages. The limitations and exclusions in this section apply to the
maximum extent permitted by law.

11.2. Damages Limited. Such damages that are limited include, but are not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, (even if POST has been advised of the possibility of these damages), including those (a) resulting from loss of use, data, or profits, whether or not foreseeable, (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, (c) arising from any other claim arising out of or in connection with a user’s or a Designer’s use of or access to the Services or the Work, (d) arising from the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the App, (e) unauthorized access to or alteration of the Designer’s transmission or data, or (f) statement or conduct of any other third party on the App.

11.3. Exception. Nothing in these terms limits or excludes POST’s liability for gross negligence or for POST’s (or its employees’) intentional misconduct.

11.3.1. Extent of Liability Under the Exception. Except as explicitly stated
otherwise, the total liability in any matter arising out of or related to these terms is limited to $100 USD.

12. Termination and Suspension

12.1. Account Termination. POST may terminate these terms or your account upon
notice to you at POST’s discretion, including, without limitation, for your breach of these
terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with
these terms), if it has become impractical for POST to offer the Services in your region, or for
inactivity by you with respect to use of the App. You may at any time terminate the Terms of Use or your account by sending a termination request to POST through your account page on the App.

12.2. Access to App. POST will terminate a Customer’s or Designer’s access to the App if it has determined the Customer or Designer to have repeatedly violated the Terms of Use.

12.3. Account Suspension. POST may suspend your account at any time and for any length of time for any reason. During the time your account is suspended, you will not be able to upload any Works on the App, but you may continue to access your account.

13. Termination of Agreement

13.1. Termination of Terms of Use Agreement. Upon any termination of these terms, your account will be canceled and closed; all Works uploaded by you will be removed from the App, provided, however, that POST may continue to use the Work for internal archival and reference purposes and all customers who have purchased a Work may continue to use your Work under the terms of these Terms of Use; you may continue to use the Work pursuant to the license that you have purchased; and POST may prevent you from signing up to use or access the Services or the App.

13.2. Remaining Obligations. Termination of this Agreement does not relieve you of any obligations to pay any outstanding fees, or other obligations under any other agreement that has not been specifically terminated. The provisions of Sections 6, 7, 8, 9, 10, 12, and 14 will survive the termination of these terms.

14. Standards

14.1. Moral Standards. POST strives to educate its members about achieving and maintaining high standards in the use of photographic images through good judgment and the application of relevant, recognized principles and standards. Below is an outline of the expectations of Customers, Designers, users, and members regarding human rights, with a specific focus on children’s rights, in its business practices.

14.2. Consent. Designers who provide POST with images have the responsibility to ensure that the highest standards are met. Accordingly, POST requires that a properly executed model release consent be obtained by the Designer for all photographs of persons appearing in any uploaded Works, and signed by a parent or guardian of any underage model appearing in a Work, before submitting such Work to POST.

14.3. Children. POST has a zero-tolerance policy related to inappropriate images of children. In its role as a marketplace for the uploading of images, if POST becomes aware of any such inappropriate images of children, POST may take one or more of the of the following actions (in addition to any other actions it may deem appropriate): alert the appropriate law enforcement authorities; remove the images of concern from all libraries and servers; and suspend or delete the account of the providers and users of such photos.

15. Miscellaneous

15.1. Governing Law & Jurisdiction. YOUR RELATIONSHIP IS WITH POST, A COMPANY HEADQUARTERED IN DUBAI, UAE, AND THE SERVICES AND THESE TERMS ARE GOVERNED BY THE LAW OF UAE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER THE LAW. POST DOES NOT SEEK TO LIMIT THOSE RIGHTS TO THE EXTENT PROHIBITED BY LAW. All claims or disputes that are not subject to arbitration will be resolved exclusively by a court located in Dubai, United Arab Emirates. You and POST agree to submit to the personal jurisdiction of the courts located within Dubai for the purpose of litigating all such claims, disputes, or matters.
15.2. Legal Disputes. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND POST HAVE AGAINST EACH OTHER ARE RESOLVED. In this Legal Disputes Section, the term “related third parties” includes your and Post’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Post’s, and these entities’ respective employees and agents. You and POST agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Post (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement & Terms of Use, your use of or access to the Services, the actions of Post or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

15.2.1. Agreement to Arbitrate. You and POST each agree that any and all disputes or claims that have arisen, or may arise, between you and POST (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement & Terms of Use, your use of or access to the App or our Services, the actions of POST or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. However, to the extent that you have in any manner violated or threatened to violate intellectual property rights, POST may seek immediate injunctive or other appropriate relief in any court of any state, province, principality, country, or sovereign territory as allowable by applicable law. This provision does not prevent the parties from consenting to mediation or other forms of alternative dispute resolution.

15.2.2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND POST AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND POST AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 15.1, above), subject to your and POST's right to appeal the court's decision. All other claims will be arbitrated.

15.2.3. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement & Terms of Use as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the “Prohibition of Class and Representative Actions and Non-Individualized Relief,” shall be for a court of competent jurisdiction to decide.

15.2.3.1. Administration of Arbitration
The arbitration will be administered by the Dubai International Arbitration Centre (DIAC) in accordance with its Arbitration Rules, as modified by this Agreement to Arbitrate. Unless otherwise agreed by the parties, the DIAC shall determine which of its rules apply to the arbitration. The DIAC’s rules are available at https://u.ae/en/information-and-services/justice-safety-and-the-law/litigation-procedures/alternative-methods-to-settle-disputes-/uae-federal-law-on-arbitration

15.2.3.2. Notice of Dispute and Arbitration Initiation

Any party intending to initiate arbitration must first provide the other party with a formal Notice of Dispute ("Notice"). The Notice must be sent via registered mail, recognized courier service (e.g., DHL, FedEx), or any equivalent method requiring a verifiable signature upon delivery.
The Notice must include the following:
• The sender’s personal signature,
• A clear description of the nature and basis of the dispute or claims,
• The specific relief sought, and
• The email address and phone number linked to the sender’s POST account.
The Notice to POST must be addressed as follows:
POST
Attn: POST Legal Department
Re: Notice of Dispute
Dubai Internet City 2
P.O. Box 500343
Dubai, United Arab Emirates

POST will send any Notice to the most recent physical address associated with your POST account. It is your responsibility to ensure your account details, including address, remain current.
If the parties are unable to resolve the dispute within 90 calendar days after POST receives a valid Notice, either party may initiate arbitration proceedings through the Dubai International Arbitration Centre (DIAC) in accordance with its applicable Arbitration Rules.
The form and instructions for initiating arbitration can be found on the DIAC official website: https://u.ae/en/information-and-services/justice-safety-and-the-law/litigation-procedures/alternative-methods-to-settle-disputes-/uae-federal-law-on-arbitration

15.2.3.3. Location of Arbitration

If you are a resident of the United Arab Emirates, the arbitration hearing shall be conducted in Dubai, UAE, unless the parties mutually agree to an alternative location within the UAE.
For claims and counterclaims that do not exceed AED 91,800 (approximately USD 25,000), the arbitration may be resolved based on documents only, at the discretion of the arbitrator, unless the arbitrator determines that an in-person hearing is necessary based on the circumstances.
In the event that an in-person hearing is required, either party may attend virtually (via video or telephone conference), unless the arbitrator decides that physical attendance is necessary.
The language of the arbitration shall be English, unless otherwise agreed by both parties.

15.2.3.4. Finality of Arbitration. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same POST user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.2.3.5. Costs of Arbitration
Unless otherwise agreed in writing by the parties, the payment of all arbitration-related costs, including filing fees, administrative fees, and arbitrator fees, shall be governed by the applicable rules of the Dubai International Arbitration Centre (DIAC).
The arbitrator shall have the authority to allocate the costs and expenses of the arbitration, including legal fees, between the parties in a manner they deem appropriate and in accordance with the applicable UAE laws and DIAC Rules.
In the event the arbitrator determines that the claims you have brought are frivolous, vexatious, or made in bad faith, you agree to reimburse POST for any and all arbitration fees and costs that POST has paid in connection with the proceedings.

15.2.4. Severability. With the exception of any of the provisions in Section 15.2.2. (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) of this agreement, if an arbitrator or court decides that any part of this agreement is invalid or unenforceable, the other parts of this a shall still apply.

15.2.5. Opt-Out Procedure

If you are a new user of our Services, you may choose to opt out of the Agreement to Arbitrate by sending us a written Opt-Out Notice. This Opt-Out Notice must be physically mailed and received no later than 30 calendar days from the date you first accepted the User Agreement.
The Opt-Out Notice must be addressed to:
POST
Attn: POST Legal Department
Re: Opt-Out Notice
Dubai Internet City 2
P.O. Box 500343
Dubai, United Arab Emirates

For your convenience, we are providing an Opt-Out Notice form here: [Link to Opt- Out Notice form]. To be valid, you must complete the form by including:
• Your full legal name
• Your physical mailing address (including street, city, emirate, and postal code)
• The email address(es) and user ID(s) associated with your POST account(s)
• Your personal signature
You must send the completed and signed form by physical mail to the address mentioned above. Digital submissions (e.g., email, online forms) will not be considered valid for opt-out purposes.
This is the only valid procedure to opt out of the Agreement to Arbitrate under UAE law. If you choose to opt out, all other provisions of the User Agreement & Terms of Use, including those in the Legal Disputes section, shall continue to apply.
Opting out of this Agreement to Arbitrate will not affect any prior, separate, or future arbitration agreements you may have entered into with POST.

15.2.5. Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against POST prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Post. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on the App at least 30 days before the effective date of the amendments and by providing notice through the App and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

15.3. Dispute with Users or Designers. If you have a dispute with one or more users, Customers, or Designers, you release POST and its officers, directors, agents, subsidiaries, joint ventures, employees, parents, and other affiliated or related companies from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

15.4. No Agency. The relationship between you and POST under these terms is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party has the power to bind or obligate the other in any manner.

15.5. Taxes. You are responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the App. Specific subscription terms for a particular Service are presented at the time of your purchase.

15.6. No Waiver. POST’s failure to enforce or exercise any of these terms is not a waiver of that section.

15.8. Assignment. POST has the right, in its sole discretion, to assign any or all of its rights or obligations under these terms. You have no right to assign any of your rights or obligations under these terms and any such attempt will be void.

15.9. Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

15.10. Modification. POST may modify these terms or any additional terms that apply to these Services to, for example, reflect changes to the law or changes to the Services. You should look at the terms regularly. POST will post notice of modifications to these terms on this page. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised terms.

15.11. English Version. The English version of these terms will be the version used when interpreting or construing these terms.

16. Misrepresentation. If you misrepresent that material is infringing you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to POST. Fraudulent or abusive notices may result in account termination or other legal consequences.