A. TERMS OF SERVICE
A. TERMS OF SERVICE
Your access to Popcore and the use of our Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using Popcore you agree to be bound by these Terms.
IF YOU ARE A POPCORE USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, POPCORE AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
1. About our services
Registration. You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Address Book. You provide us the phone numbers of Popcore users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
2. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences there of. The Content you submit, post, or display through the Popcore Services is publicly default and will be able to be viewed by other users and through third party services and websites. You may use the Services only if you can form a binding contract with Popcore and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Popcore provides may change from time to time without prior notice. In addition, Popcore may stop permanently or temporarily providing the Services or any features within the Services to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice toyou.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Popcore on the Services are subject to change. In consideration for Popcore granting you access to and use of the Services, you agree that Popcore and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
4. Content on the Services
All Content, whether publicly or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate.Under no circumstances will Popcore be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on orthrough the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods, known or later developed.
This license is you authorizing us to make your content on the Popcore Services available to the rest of the world and to let others do the same.
You agree that this license includes the right for Popcore to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Popcore for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Popcore has evolving rules for how ecosystem partners can interact with your Content on the Popcore Services. Such additional uses by Popcore, or other companies, organizations or individuals who partner with Popcore, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences there of, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Popcore will not be responsible or liable for any use of your Content by Popcore in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted here in to any Content that you submit.
6. Your License To Use the Services
Popcore gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Popcore as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Popcore, in the manner permitted by these Terms.
7. Popcore Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Popcore and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Popcore name or any of the Popcore trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Popcore, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content
Please review the Popcore rules, which are part of these Terms, to better understand what is prohibited on Popcore. We reserve the right at all times, with no obligation, to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
1) Satisfy any applicable law, regulation or legal process.
2) Enforce the Terms, including investigation of potential violations.
3) Detect, prevent and address fraud, or technical issues.
4) Respond to user support requests.
5) Protect the rights, property or safety of Popcore, its users and thepublic.
9. Restrictions of the Use of the Services
You may not do any of the following while accessing or using the Services:
1) Access, tamper with, or use non-public areas of the Services including Popcore’s computer systems, or the technical delivery systems of Popcore’s providers.
2) Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
3) Access or search or attempt to access or search the Services by any means, automated or otherwise, other than through our currently available, published interfaces that are provided by Popcore and only pursuant to the applicable terms and conditions, unless you have been specifically allowed to do so in a separate agreement with Popcore.
4) Crawling the Services, scraping the Services without the prior consent of Popcore.
5) Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
6) Interfere with, or disrupt, or attempt to do so, the access of any user, host or network, including, without limitation, sending avirus, over loading, flooding, spamming, mail-bombing the Services, orby scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
10. Copyright Policy
Popcore will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
1) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2) Identification of the copyrighted work claimed to have been infringed.
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4) Your contact information, including your address, telephone number, and an email address.
5) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Popcore will also terminate a user’saccount if the user is determined to be a repeat infringer.
11. Ending The Terms
The Terms will continue to apply until terminated by either you or Popcore as follows.
You may end your legal agreement with Popcore at any time for any or no reason by deactivating your accounts and discontinuing your use ofthe Services.
We may suspend or terminate your account at any time for any or no reason, including, but not limited to, if we reasonably believe:
1) You have violated these Terms or the Popcore Rules.
2) You create risk or possible legal exposure for us.
3) Our provision of the Services to you is no longer commercially viable.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 6, 7, 10, 11, and 12.
Nothing in this section shall affect Popcore’s rights to change, limit or stop the provision of the Services without prior notice.
12. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Popcore and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Popcore Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
12.1. The Services are Available “AS-IS”
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWNRISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE POPCORE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Popcore Entities make no warranty and disclaim all responsibility and liability for:
1) The completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content.
2) Any harm to your terminal, loss of data, or other harm that results from your access to or use of the Services or any Content.
3) The deletion of, or the failure to store or to transmit, any Contentand other communications maintained by the Services.
4) Whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Popcore Entities or through the Services, will create any warranty or representation not expressly made here in.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Popcore Entities are not responsible or liable for:
1) The availability or accuracy of such websites or resources.
2) 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 the Popcore Entities 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.
12.3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE POPCORE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: 1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
3) ANY CONTENT OBTAINED FROM THE SERVICES;
4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE POPCORE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID POPCORE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT THE POPCORE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HERE IN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13. General Terms
13.1. Waiver and Severability
The failure of Popcore to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
13.2. Controlling Law and Jurisdiction
These Terms and any action related there to will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
• You must be 13 years or older to use Popcore.
• You may not post nude, partially nude, or sexually suggestive photos.
• You must not abuse, threaten, impersonate or intimidate any Popcore members.
• You may not use the Popcore services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
• You must not Spam, flood or submit unwanted email or comments to any Popcore members.
• We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others may be permanently suspended.
• You may not publish or post other people's private and confidential information.
• You may not post intimate photos or videos that were taken or distributed without the subject's consent.
• You may not engage in username squatting. Accounts that are inactive for more than six months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
- the number of accounts created
- creating accounts for the purpose of preventing others from using those account names
- creating accounts for the purpose of selling those accounts
- using feeds of third-party content to update and maintain accounts under the names of those third parties
• You may not use the Popcore contact list to send repeat, mass invitations.
• Violation of any of these rules will immediately be reported to Chuck Norris and your account will be terminated.