Terms and conditions of use
Updated 23 February 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
1. Acceptance of this Agreement
2. Amendments and Modifications to these Terms and Conditions of Use
3. Usage Terms
Your account and use of the Web Site is subject to the following terms:
a) each time you use the Web Site you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person or commercial entity you represent. To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a PopTox.com account, (3) are not a competitor of PopTox.com or are not using the Services for reasons that are in competition with PopTox.com; (4) will only maintain one PopTox.com account at any given time; (5) will use your real name and only provide accurate information to PopTox.com; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of PopTox.com or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services. (9) will not use the service to stalk or harass someone, or for any other activity that is deemed illegal or inappropriate by law. We collect various client/user datapoints for each call made using PopTox and will provide that information to law enforcement if we are legally required to do so. (10) will not use the service for selling, telemarketing or any other mass calling related purposes including but not limited to robocalls.
b) you must be a human. Accounts registered by "bots" or other automated methods are not permitted;
c) if requested, you must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process;
d) you are responsible for maintaining the security of your account and password. PopTox.com will not be liable for any loss or damage from your failure to comply with this security obligation;
e) you are solely responsible for all content posted and activity that occurs under your account or by you. (even when such content is posted by others who have access to your account) (collectively the "Account Content");
f) you agree not to post or allow others to post Account Content which is unlawful, immoral, hateful, harmful, threatening, abusive, offensive, libellous, defamatory, slanderous, pornographic, indecent, obscene, or otherwise inappropriate for a broad general audience;
g) you may not use the Web Site for any illegal or unauthorized purpose. You must not, in the use of the Web Site, violate any laws in your jurisdiction (including but not limited to copyright laws);
h) while PopTox.com prohibits conduct and content on the Web Site as provided in f) and g) above, you understand and agree that PopTox.com cannot be responsible for content posted by an account holder and you nonetheless may be exposed to such materials. You agree to use the Web Site at your own risk;
i) you assume any and all liability for the use of services offered by PopTox.com and agree to defend, indemnify and hold harmless PopTox.com, its related companies, contractors, and theirs respective directors, officers, employees and agents from and against any and all third-party claims, actions, proceedings, damages and expenses, including without limitation lawyer fees on a solicitor-client basis, and costs, arising out of the breach or alleged breach of a term, covenant, warranty or representation in this Agreement;
j) you agree not to modify, adapt or hack the Web Site or modify another web site so as to falsely imply that it is associated with the Web Site, or any other PopTox.com service;
k) you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Site or use of the application without the express written consent of PopTox.com;
l) you agree not to upload, post, host, or transmit unsolicited email, SMSs (short message service), or "spam" messages; and
m) you agree not transmit any worms or viruses or any code of a destructive nature.
n) As between you and PopTox.com, you own the content and information you provide PopTox.com under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant PopTox.com a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to PopTox.com, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to PopTox.com, without any further consent, notice and/or compensation to you or to any third parties.
Pursuant to this license, PopTox.com may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
It is your responsibility to keep your PopTox.com profile information accurate and updated.
4. Cancellation and Termination
This Agreement may be canceled or terminated in accordance with the following terms:
a) by you, upon submission of a written email to info@PopTox.com . You are solely responsible for properly canceling your account.
b) by PopTox.com, for violation of any of the terms of this Agreement or, in its sole discretion, for any reason at any time. Without limiting the generality of the foregoing, verbal, physical, written or other abuse (including threats of abuse or retribution) of any PopTox.com customer, employee, member, director, or officer will result in immediate account termination. PopTox.com also retains the right to suspend your account and refuse any and all current or future use of the Web Site, or any other PopTox.com service, for any reason at any time.
Cancellation or termination by either you or PopTox.com will result in the deactivation or deletion of your account or prevention of access to your account, and the forfeiture and relinquishment of all Account Content contained on the application. All of the Account Content may then be deleted from the Web Site at any time thereafter. This information cannot be recovered once your account is cancelled and the content deleted.
5. Intellectual Property Ownership and License by Account Holder
PopTox.com claims no intellectual property rights, including without limitation copyright, over the Account Content you provide. Any intellectual property or proprietary rights in your account profile, Account Content and any other materials uploaded remain yours (or the rightful owner if the material is not owned by you). However, by using the PopTox.com services and applications, you agree to allow others to view and share the Account Content. PopTox.com does not pre- screen Account Content, however PopTox.com and its designee retain the right (without obligation) in their sole discretion to refuse or remove any Account Content that is available via the Web Site.
6. Intellectual Property Ownership by PopTox.com
7. No Guarantee or Endorsement
PopTox.com does not guarantee or warrant the accuracy, suitability, reliability, completeness, or usefulness of the information, products, or services on the Web Site or the information, products, or services at other sites to which links are provided. Therefore, any use of or reliance upon information, products or services from this site or a linked site is at the account holder 's sole risk. PopTox.com does not endorse, approve, certify, or take responsibility for information or products provided on the Web Site or on other linked sites. Any reference to a person, product, service, publication or web site does not imply endorsement of that person, product, service, publication or web site.
8. Disclaimer and Liability Exclusion
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, RELIABILITY, MERCHANTABILITY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY PopTox.com TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PopTox.com MAY BE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE IN ANY WAY, THE FULL EXTENT OF SUCH LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL TO THE DIRECT PAYMENTS MADE BY YOU TO PopTox.com.
Without limiting the above disclaimer and limitation of liability, PopTox.com specifically does not warrant that:
a) the quality, performance or functionality of the Web Site will meet your expectations or specific requirements;
b) the Web Site will operate in a uninterrupted, timely, secure, or error-free fashion;
c) the results you obtain from the use of the Web Site will be accurate or reliable;
d) any defects or errors in the Web Site will be corrected; or
e) the Web Site is free of viruses or other harmful components.
You expressly acknowledge and agree that PopTox.com will not be liable to you or any other person for your use of the Web Site or for any loss or any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if PopTox.com has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the Web Site; (ii) the cost of substitute goods and services resulting from any goods, products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Web Site or a Web Site application; (v) or any other loss or damage connected with or relating to the use of the Web Site or an application by you or any other person.
9. General Terms
Use of the Web Site is subject to the following terms:
a) Technical support is only available via email. The technical support email address is info@PopTox.com;
b) PopTox.com uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Web Site. Such parties are independent and PopTox.com does not make any representations or warranties or take any responsibility or accept any liability whatsoever regarding the acts or omissions of such parties;
c) PopTox.com may, but has no obligation to, remove Account Content that it determines in its sole discretion is unlawful, immoral, hateful, harmful, threatening, abusive, offensive, libelous, defamatory, slanderous, pornographic, indecent, obscene, or otherwise inappropriate for a broad general audience, or violates any third party 's intellectual property or other rights or these terms of this Agreement;
d) the technical processing and transmission of the application, including your Account Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices;
e) PopTox.com welcomes suggestions or other communications from users of the Web Site and wishes to improve the service it provides. However, to avoid any disputes, in sending any communications other than Account Content, you transfer and assign all ownership and intellectual property rights to PopTox.com. Specifically, without limitation, all suggestions, ideas, concepts, messages, e-mails, samples, and all other content or submissions will become the property of PopTox.com for its use, notwithstanding any statement regarding confidentiality or non-disclosure.
The following terms apply to this Agreement:
a) No Waiver - no consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties;
b) Entire Agreement - this Agreement, as may be amended or changed from time to time, constitutes the entire agreement between you and PopTox.com and governs your use of the Web Site, superseding any prior agreements between you and PopTox.com whether oral, written or otherwise;
c) Severability - if any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.
d) You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through PopTox.com