App Terms and Conditions
PopSockets LLC
Terms of Use
The PopSockets App (the “Application”) and services related to the Application are owned or controlled by PopSockets LLC (“PopSockets”). By accessing or using the Application, and the related website (the “Website”), you agree to be bound by these Terms of Use (“Terms of Use”) and the PopSockets Privacy Policy.
You must be at least 13 years old to use the Application.
You may use the Application solely for your personal use.
The Application may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without the prior written consent of PopSockets.
PopSockets reserves the right to alter or discontinue the Application, in whole or in part, in its sole discretion.
You are responsible for any activity that occurs through your account.
You agree that you will not solicit, collect or use the login credentials of other Application users.
You are responsible for keeping your password secret and secure, for maintaining the confidentiality of your account, and for restricting access to your mobile device.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Application, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Application for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Application and your Content (defined below) including, but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Application.
You must not change, modify, adapt or alter the Application or change, modify or alter another website so as to falsely imply that it is associated with the Application or PopSockets;
You must not interfere or disrupt the Application or servers or networks connected to the Application, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way the Application is rendered or displayed on any user’s device.
You agree that you are solely responsible for your interaction with any other users of the Application, whether through the Application or through other means. PopSockets is not responsible or liable for the conduct of any other user or person.
Violation of these Terms of Use may, in PopSockets’ sole discretion, result in termination of your Application account. You understand and agree that PopSockets cannot and will not be responsible for the Content posted on the Application and you use the Application at your own risk.
PopSockets reserves the right to modify or terminate your access to the Application for any reason, without notice, at any time, and without any liability to you. You also may deactivate your account for the Application at any time. In the event of termination of your account, all images, photos, and other data will no longer be accessible through your account.
Upon termination, all licenses and other rights granted to you in the Terms of Use will immediately cease.
PopSockets reserves the right, in its sole discretion, to change these Terms of Use. Your use of the Application after the effective date of the updated Terms of Use constitutes agreement with the updated Terms of Use.
PopSockets reserves the right to refuse access to the Application to anyone for any reason at any time.
PopSockets reserves the right to force forfeiture of any username for any reason at any time.
PopSockets may, but has no obligation to, remove, edit, block and/or monitor any Content or account containing Content that it determines, in its sole discretion, violates these Terms of Use.
You represent and affirm that all information you provide to PopSockets upon registration with the Application and at any other time during your use of the Application will be true, accurate, current and complete. You further agree to update your information as necessary in order to maintain its truth and accuracy.
You acknowledge and understand that the Application may require utilization of your cellular phone and its service, data access and/or text messaging capabilities. You are responsible for any data charges incurred by your cell phone provider through use of the Application.
Some of the services available through the Application are supported by advertising revenue and may display advertisements and promotions. You hereby agree that PopSockets may place such advertising and promotions on the Application or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice.
You acknowledge that PopSockets may not always identify paid services, sponsored content or commercial communications as such.
You represent and warrant that you have the legal right and capacity to enter into these Terms of Use.
Some or all of the information, materials, content, images and services which you may access using the Application are owned or provided by third parties, including social networking, sharing images, accessing music and payment processing (“Third Party Applications”). By using any such Third Party Applications or materials, you agree that you may be subject to the terms of use of those Third Party Applications in addition to these Terms of Use.
PopSockets makes no representations whatsoever concerning such Third Party Applications, including any transactions entered into directly with any third party. PopSockets has no control over and is not responsible for (i) the content and operation of such Third Party Applications, or (ii) the privacy or other practices of such Third Party Applications. PopSockets shall not be responsible or liable in any way, directly or indirectly, for any damage or loss caused by or alleged to be caused by or connected with your use of any Third Party Applications.
In the event the Application provides the ability to make payments through the Application, such payments will be subject to the terms of use of a third party payment services provider. You agree to be bound by any terms of use of any third party payment services provider.
PopSockets may from time to time issue upgraded versions of the Application that may change, expand and/or improve the Application and Applications, and may automatically upgrade the Application on your mobile device. You hereby consent to such automatic upgrade.
PopSockets may at any time cease to continue operation of any part or all of the Application or Applications, or may elect to selectively disable certain aspects of the Application or Applications. You hereby consent to such change in the Application or Applications.
PopSockets reserves the right to modify or terminate the Application or access to the Application for any reason, without notice, at any time, and without any liability for such modification or termination.
Certain information, to include personally identifiable information, may be stored on your mobile device even if such information is not collected by PopSockets. Use by PopSockets of any such personal information about you is subject to our Privacy Policy and these Terms of Use.
If you use a third party application to share information, information on the Application may also be shared and you explicitly consent to the sharing of such information.
Your use of any third party social networking application may cause personally identifying information to be publicly disclosed and/or associated with you, even if PopSockets has not provided this information. You agree that any use of a third party application is at your own risk and you will hold PopSockets harmless for activity and information sharing related to such third party applications.
In the even PopSockets updates the Application to include any type of in-app purchase, PopSockets shall use industry standards with regard to security measures related to any payments. This includes encryption and SSL security. PopSockets does not store any sensitive information on its Application. However, your personal information may be stored by a third party payment partner for future use in association with your account according to that third party’s terms of use.
You represent and warrant that you own the Content posted by you on or through the Application or otherwise have the right to post such Content and that the posting and use of your Content on or through the Application does not violate, misappropriate or infringe on the rights of any third party. In the event PopSockets becomes obligated for any royalties, fees, damages and any other monies by reason of Content you post on or through the Application, you agree to pay for all such obligations and indemnify and hold harmless PopSockets for any such obligations.
PopSockets respects the intellectual property of others and expect you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.
PopSockets and other marks, including graphics and logos we use in connection with the Application are trademarks or copyright material of PopSockets, and PopSockets owns content that is protected by copyright, trademark, patent, trade secret and other laws. PopSockets’ trademarks and copyrighted materials may not be used in connection with any product or service that is not PopSockets’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PopSockets.
Repeated infringement of other people’s intellectual property rights through use of the Application may lead PopSockets to disable your account at its sole discretion.
PopSockets does not claim ownership of any Content posted on or through the Application. Instead, you hereby grant to PopSockets a non-exclusive, fully paid and royalty-free, transferable, worldwide license to use the Content that you post on or through the Application that is shared publically, subject to the Privacy Policy.
The Application contains content owned or licensed by PopSockets (“PopSockets Content”). PopSockets Content is protected by copyright, trademark, patent trade secret and other laws and, as between you and PopSockets, PopSockets owns and retains all rights in the PopSockets Content and the Application. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PopSockets Application and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit or improperly use the PopSockets Content.
The PopSockets name and logo is a trademark of PopSockets and may not be copied, imitated or used, in whole or in part, without prior written consent from PopSockets. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks or trade dress of PopSockets and may not be copied, imitated or used, in whole or in part, without prior written consent from PopSockets.
PopSockets is not responsible for and in no way endorses Content posted on the Application. PopSockets has no obligation to prescreen, monitor, edit or remove any Content. If any Content violated these Terms of Use, you may bear legal responsibility.
Unless otherwise provided, Content is not confidential and non-proprietary. PopSockets is not liable for any use or disclosure of Content. None of your Content will be subject to any obligation of confidence on the party of PopSockets and PopSockets will not be liable for any use or disclosure of any Content you provide.
THIS APPLICATION, WITHOUT LIMITATION, POPSOCKETS CONTENT, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER POPSOCKETS NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, REPRESENTATIVES OR AGENTS (COLLECTIVELY “POPSOCKETS PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO (A) THE SERVICES PROVIDED THROUGH THE APPLICATION; (B) THE CONTENT OF POPSOCKETS OR THE USER; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO POPSOCKETS THROUGH OR VIA THE APPLICATION. IN ADDITION, THE POPSOCKETS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
THE POPSOCKETS PARTIES DO NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE OR THE SERVER MAKING THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS INCLUDING, WIHTOUT LIMITATION, VIRUSES. THE POPSOCKETS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING INSTRUCTIONS) ON THE APPLICATION IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE POPSOCKETS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICITON AND THE POPSOCKETS PARTIES SPECIFICALLY DISCLAIM ANY SUCH WARRANTIES.
BY ACCESSING OR USING THE APPLICATION YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATIONS.
THE POPSOCKETS PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILIY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
To the fullest extent permissible by applicable law, neither PopSockets nor any of the PopSockets Parties shall be liable for any damages of any kind arising from the use of the Application, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. This limitation of liability includes any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omission or any services or products obtainable from the application or services; (ii) the unavailability or interruption of the Application or services or any features thereof; (iii) your use of the Application or services; (iv) the Content contained in or accessible through the Application or services; (v) any action taken in connection with an investigation regarding your or any other party’s use of the Application; (vi) any action taken in connection with copyright or other intellectual property claims; or (vii) any delay or failure in performance of the Application. The aggregate liability of PopSockets in connection with any claim arising out of or relating to the Application shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against PopSockets.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree that in the event you incur any damages, losses or injuries that arise out of PopSockets’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction.
You agree to indemnify, defend, and hold PopSockets and any PopSocket partners, members, agents, officers, directors, managers, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from or related to you violation of these Terms of Use, or your use of the Application.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PopSockets with the written information specified below. Please note that this procedure is exclusively for notifying PopSockets and its affiliates that your copyrighted material has been infringed upon by PopSockets.
- Signature of the person authorized to act on behalf of the owner of the copyright interest (electronic or physical);
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address;
- A 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.
PopSockets’ business address is:
5757 Central Ave.
Boulder CO 80301
Unless you opt out as provided below, you hereby agree that all disputes between you and PopSockets (whether or not such dispute involves a third party) with regard to your relationship with PopSockets, including without limitation disputes related to these Terms of Use, your use of the Application, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and PopSockets hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor PopSockets will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if PopSockets is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either PopSockets or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor PopSockets can require the other to participate in an arbitration proceeding. To opt out, you must notify PopSockets in writing within 30 days of the date that you first became subject to this arbitration provision (e.g. your purchase or download of the Application). You must use the address provided below. Such notice must include your name and residence address, the email address you use for your PopSockets account, and a clear statement that you want to opt out of this arbitration provision.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with PopSockets.
Governing Law & Venue
By using this Application, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute arising therefrom, and will specifically not be governed by the United Nations Conventions or Contracts for the International Sale of Goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision in these Terms of Use, or if you opt out of the arbitration provision, you agree to resolve any dispute you have with PopSockets exclusively in a state or federal court located in Boulder or Denver, Colorado, and to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. You and PopSockets expressly waive trial by jury.
Notice
You consent to the use of electronic means to deliver any notices pursuant to these Terms of Use and electronic records to retain any and all information related to these Terms of Use and your account.
PopSockets’ business address is:
5757 Central Ave.
Boulder CO 80301
