This Agreement sets out the legally binding terms for your use of the Website, App and your Membership in the Service. The Company may modify this Agreement from time to time and such modification shall be effective upon posting by by the Company on the Website, App.
The Website, App reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website, App and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
1) Your Interactions.
Please choose carefully the information you post on the Website, App and that you provide to other Members. Any photographs or other information posted by you may not contain nudity, violence, offensive and/or inflammatory subject matter. Information provided by other Website, App Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and the Company assumes no responsibility or liability for this material. You are solely responsible for your interactions and communication with other Members. You understand that the Website, App does not in any way screen its Members, nor does the Website, App inquire into the backgrounds of its Members or attempt to verify the statements of its Members. The Website, App makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of the Website, App then you should take it upon yourself to do a background check on said person.
Membership in the Service is void where prohibited. By using the Website, App and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. App shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.
This Agreement shall remain in full force and effect while you use the Website, App, the Service, and/or are a Member. You may terminate your membership at any time. The Website, App may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or other email address as you may subsequently provide to the Website, App.
4) Non Commercial Use by Members.
The Website, App is for the personal use of Members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the Website, App, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website, App is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by the Website, App for any illegal or unauthorized use of the Website, App. Member agrees that it shall indemnify and hold harmless the Website, App for any unauthorized commercial use by Member not authorized by the Website, App. Further details regarding the indemnification of the Website, App are contained below.
5) Proprietary Rights in Content.
The Website, App does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the Website, App. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may that Content marked "private" will not be distributed by the Website, App outside the Website, App's Services. The Website, App shall not sell or otherwise distribute your Content, email address, or any personal information outside of the Website, App's Services. After you remove your Content from the Website, App's Services your Content shall be removed from the Website, App.Notwithstanding the foregoing, you understand and agree that once Content is distributed within the Website, App or incorporated into other aspects of the Website, App, the Website, App is under no obligation to delete or ask other Users to delete that Content, and therefore it may continue to appear and be used indefinitely within the Website, App.
The license you grant to the Website, App is non-exclusive (meaning you are free to license your Content to anyone else in addition to the Website, App), fully-paid and royalty-free (meaning that the Website, App is not required to pay you or anyone else deriving rights from you for the use on the Website, App's Services of the Content that you post), sub licensable (so that the Website, App is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Website, App's Services), and worldwide (because the Internet and the Website, App Services are global in reach).
You represent and warrant that:
(i) you own the Content posted by you through or in connection with the Website, App's Services, or otherwise have the right to grant the license set forth in this Section 5.
(ii) the posting of your Content on, through or in connection with the Website, App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Website, App's Services.
The Website, App contains Content of the Website, App ("the Website, App Content"). The Website, App Content is protected by copyright, trademark, patent, trade secret and other laws, and the Website, App owns and retains all rights in the Website, App Content and the Website, App's Services. The Website, App hereby grants you a limited, revocable, license to reproduce and display the Website, App Content (excluding any software code) solely for your personal use in connection with viewing the Website, App and using the Website, App's Services.
The Website, App performs technical functions necessary to offer the Website, App's Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and trans coding and/or reformatting Content to allow its use throughout the Website, App's Services. In addition, you agree and acknowledge that the Website, App may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Website, App's Services. You can control what type of communications you receive from the Website, App's Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails. The Website, App reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Website, App's Services.
6) Content Posted on the Site.
a. You understand and agree that the Website, App may review and delete any content, messages, the Website, App's Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of the Website, App violate this Agreement or is defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, App, you hereby grant to the Website, App the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website, App. This license will terminate at the time you remove such Content from the Website, App or cease to be a Member.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website, App. The Website, App reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. Although the Website, App cannot monitor the conduct of its Members off the Website, App, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, the Website, App reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to the number that the Website, App deems appropriate in its sole discretion.
g. You may not cover or obscure the banner advertisements on your personal profile page, or any the Website, App page via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another user or person who is or is not a member of the Website, App.
j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise transfer your profile.
l. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device.
7) Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the Website, App to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to the Website, App by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website, App; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Website, App's Copyright Agent for notice of claims of copyright infringement can be reached via email address.
8) Member Disputes.
You are solely responsible for your interactions with other the Website, App Members. The Website, App reserves the right, but has no obligation, to monitor disputes between you and other Members.
The Website, App is not responsible for any incorrect or inaccurate content posted on the Website, App or in connection with the Service provided, whether caused by users of the Website, App, Members or by any of the equipment or programming associated with or utilized in the Service. The Website, App is not responsible for the conduct, whether online or offline, of any user of the Website, App or Member of the Service. The Website, App assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. The Website, App is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website, App or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website, App and/or in connection with the Service. Under no circumstances shall the Website, App be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, App or the Service or from any Content posted on the Website, App or transmitted to Members, or any interactions between users of the Website, App, whether online or offline. The Website, App and the Service are provided "AS-IS" and the Website, App expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Website, App cannot guarantee and does not promise any specific results from use of the Website, App and/or the Service.
10) Limitation on Liability.
IN NO EVENT SHALL THE WEBSITE, APP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE WEBSITE, APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WEBSITE, APP'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO THE WEBSITE, APP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
11) Disputes with the Website, App
If there is any dispute about or involving the Website, App and or the Service, by using the Website, App, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
12) Links to Third Party Site.
The Service contains links to Internet sites, applications and services maintained by third parties, over which the Website, App has no control. The Website, App does not endorse the content, operators, products or services of such sites, and the Website, App is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. The Website, App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites. In some cases, the Website, App may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies. The Website, App's Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, Open ID, or LinkedIn. Please be aware that those third party services are unrelated to the Website, App, and that your use of the third party services is subject to the terms and policies of those services.
You agree to indemnify and hold the Website, App, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the Website, App and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and the Website, App regarding the use of the Website, App and/or the Service. The failure of the Website, App to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
Information you provide:
You register a phone number when you create a VPops account. Phone numbers are used to provide our Services to you and other VPops users. You may optionally add other information to your account, such as a profile name and profile picture. This information is end-to-end encrypted.
VPops can optionally discover which contacts in your address book are VPops users, using a service designed to protect the privacy of your contacts. Information from the contacts on your device may be cryptographically hashed and transmitted to the server in order to determine which of your contacts are registered.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.