Terms of Service (ToS)

Summary

POPisms.com would love for you to use our website in a fun, friendly, informational, and safe manner. We encourage you to express yourself freely, however, be responsible in what you publish or share. In particular, make sure that you do not post or participate in prohibited activities including spam, commercial promotion, threats, nudity, or hate speech.

If you find content that you believe violates these Terms of Service, please let us know.


The following terms and conditions ("Terms") govern all use of the POPisms.com website and all content, services, and products (taken together, our "Services") available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, POPisms.com's Privacy Policy) and procedures that may be published from time to time by POPisms.com (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by POPisms.com, acceptance is expressly limited to these Terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

All registered users, contributors, and visitors must follow our User Guidelines

Responsibility Registered Users and/or Contributors

Use of some of our Services may require you to register an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure. You must immediately notify POPisms.com of any unauthorized uses of your account or any other breaches of security. POPisms.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

If you post comments to POPisms.com, post links on POPisms.com, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using POPisms.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your submitted name or username is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by popisms.com or otherwise.

By submitting Content to POPisms.com, you grant POPisms.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your POPisms.com and its affiliate sites and services. This license allows POPisms.com to make publicly-posted content available to third parties selected by POPisms.com (through RSS feeds, for example) so that these third parties can analyze and distribute your content through their services. You also give other POPisms.com.com users permission to share your Content on other websites/services and add their own Content to it (for example, via social media), so long as they use only a portion of your post and they give you credit as the original author. If you delete Content, POPisms.com will use reasonable efforts to remove it from our services, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, POPisms.com has the right (though not the obligation) to, in POPisms.com's sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in POPism.com's reasonable opinion, violates any POPisms.com policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of POPisms.com to any individual or entity for any reason. POPisms.com will have no obligation to provide a refund of any amounts previously paid.

Contributed Content

  • POPisms.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content submitted to the Website.
  • You retain copyright and any other rights you already hold in Content which you submit, post, or display on or through the Website.
  • By submitting, posting, or displaying the Content you give POPisms.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content which you submit, post or display on or through, the Website. This licence is for the sole purpose of enabling POPisms.com to display, distribute, and promote the Website.
  • If POPisms.com offers the ability to delete or remove Content that you have posted, POPisms.com will use reasonable efforts to remove it from our services, but you acknowledge that caching or references to the Content may not be made immediately unavailable. You also acknowledge that third party services (e.g., search engines, archiving services) may retain a public copy of the Content.
  • POPisms.com retains the right to reclaim or change your username or refuse, remove, or change and submittee Content.
  • POPisms.com may contain content that is inappropriate for children or that some visitors may find offensive. Please read our Complaints Policy and Procedures for our stance on these topics and before contacting us about such content.

Responsibility of Visitors.

POPisms.com has not reviewed, and cannot review, all of the material posted to our Services, and cannot therefore be responsible for that material's content, use, or effects. By operating our Services, POPisms.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. POPisms.com disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which POPisms.com links, and that link to POPisms.com. POPisms.com does not have any control over those non-POPisms.com websites, and is not responsible for their contents or their use. By linking to a non-POPisms.com website, POPisms.com does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. POPisms.com disclaims any responsibility for any harm resulting from your use of non-POPisms.com websites and webpages.

Copyright Infringement and DMCA Policy

As POPisms.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by POPisms.com violates your copyright, you are encouraged to notify POPisms.com in accordance with POPisms.com's Digital Millennium Copyright Act ("DMCA") Policy. POPisms.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. POPisms.com will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of POPisms.com or others. In the case of such termination, POPisms.com will have no obligation to provide a refund of any amounts previously paid to POPisms.com.

Digital Millennium Copyright Act Policy

Intellectual Property

This Agreement does not transfer from POPisms.com to you any POPisms.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with POPisms.com. Trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any POPisms.com or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. POPisms.com can make changes to our Terms or policies at any time. Notice of changes may be found on the respective terms or policy pages, posted as notifictions on other pages, or emailed if deemed appropriate. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms.

Termination

POPisms.com may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your POPisms.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided "as is." POPisms.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither POPisms.com nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Allegheny County, Pennsylvania.

Limitation of Liability

In no event will POPisms.com, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to POPisms.com under this Agreement during the twelve (12) month period prior to the cause of action. POPisms.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the POPisms.com Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and POPisms.com reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless POPisms.com, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between POPisms.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of POPisms.com, or by the posting by POPisms.com of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; POPisms.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


Credit and License of these Terms and Conditions

This document was adapted from the Terms of Service used by WordPress.com which is released under a Creative Commons Sharealike license. Under the terms of that license, this edited version of the document is also released under the same conditions. If you would like to use this Terms of Service for your web site or service, please remember to change all references to POPisms.com to reference your own service.

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