Terms of Service

Last Updated: May, 2015

Welcome to PopTalk. The PopTalk.Us or joinpoptalk.com website (the Website or PopTalk Website) and PopTalk mobile applications (the Software or PopTalk Software) are owned and operated by PopTalk, Inc.(“PopTalk”, “us” or “we”). By visiting our website or using PopTalk mobile application and accessing the information, resources, services, products and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of May, 2015th.

WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SOFTWARE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.

Responsible Use and Conduct

By visiting the PopTalk Website or using the PopTalk Software, and by accessing the information, resources, functions, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by the terms of this User Agreement, applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  • In order to access our Resources, you may be required to provide certain information about yourself (such as phone number, email address, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct and up to date.

  • You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

  • Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

  • Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

  • Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

  • You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you as explained above, and may incur criminal or civil liability.

  • We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. And, you should be aware that the PopTalk Software itself is also a social communication tool with capabilities to post, deliver, exchange, and receive content.

You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools on the Website and the Software. Therefore, if you choose to use these tools to submit any type of content to our website or the Software, it is your personal responsibility to use the tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools or the Software as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that :

  1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.

  2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.

  3. Contains any type of unauthorized or unsolicited advertising.

  4. Impersonates any person or entity, including any PopTalk, Inc. employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content.

If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. We do not assume any liability for any content posted by you or any other 3rd party users of our website or the Software. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of PopTalk, Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute the content as we see fit. This only refers to and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, which is necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

The Software does not and is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and PopTalk is not liable in any manner for such calls. Some carriers may prohibit or restrict the use of Voice over Internet Protocol (VoIP) functionality over their network, and may also impose additional fees, or other charges in connection with VoIP. You agree to learn and abide by your carrier’s network restrictions. PopTalk will not be held liable for any charges, fees or liability imposed by your carrier for use of VoIP over 2G/3G/4G.

You agree to indemnify and hold harmless PopTalk, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

PopTalk Phone Numbers

Ownership: Phone numbers assigned to you are owned by PopTalk or its supplies and, as an expression condition to your use of PopTalk phone numbers, you hereby agree not to claim, and expressly waive, any rights, titles or interests to PopTalk phone numbers. You acknowledge and agree that you do not have any rights to transfer the phone numbers or to use the phone numbers separate and apart from the PopTalk service. Limitations on Use: You acknowledge and agree that:

  1. The PopTalk services are not a replacement for any phone lines, whether wired, wireless or Internet based.

  2. You use PopTalk phone numbers with your true identity, and in compliance with applicable laws.

  3. You will not send, cause to be sent or facilitate, spam using the PopTalk service.

  4. If your PopTalk phone numbers remain inactive for thirty (30) days or more, we have the right to reclaim the PopTalk phone numbers that were assigned to you, without refunding any fee you paid in connection to the phone numbers.

END USER LICENSE AGREEMENT

License Grant : PopTalk agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. All rights not expressly granted by PopTalk are hereby reserved. You agree not to take any action to interfere with PopTalk’s ownership of or rights in the Software.

You agree that, unless otherwise permitted in this license or by law, you will not :

  1. Reproduce, republish, redistribute, or transmit the Software.

  2. To the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software.

  3. Modify or create any derivative works based on the Software, including customization, translation, or localization.

  4. Copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software.

  5. Except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software.

  6. Create or use any software other than as authorized by PopTalk to access the Software.

  7. Attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software.

  8. Use the Software in any way that violates this Agreement, or any other agreements between you and PopTalk or its affiliates or any law.

  9. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services. Third Party Software : The Software may be incorporated into, and may incorporate itself, software and other technologies owned and controlled by third parties. Any such third party software or technology that is incorporated into the Software falls under the scope of this Agreement.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement.

Limitation of Warranties

By using the Website or the Software, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that :

  • The use of our Resources will meet your needs or requirements.

  • The use of our Resources will be uninterrupted, timely, secure or free from errors.

  • The information obtained by using our Resources will be accurate or reliable.

  • Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that :

Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. No information or advice, whether expressed, implied, oral or written, obtained by you from PopTalk, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. PopTalk, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR RESOURCES SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR RESOURCES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyrights/Trademarks

All content and materials available on the Website and the Software, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of PopTalk, Inc., and are protected by applicable copyright and trademark laws. Any inappropriate uses, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by PopTalk, Inc..

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Website, the Software and the Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

The Website and the Software are controlled by PopTalk, Inc. from its offices located in the state of California, U.S.A. The Website and the Software can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website and the Software, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, U.S.A. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at :

info@PopTalk.us