PopUp allows you to create and receive place-based notifications and discover information about places near you through our mobile and web-based apps and the PopUp website (each an "App"). As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, solely for your own personal use. You may not: (i) copy, modify or distribute any App and/or any portion of the Service for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute any App and/or any portion of the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of any App and/or any portion of the Service; (iv) make the functionality of any App and/or any portion of the Service available to multiple users through any means; or (v) use any App and/or any portion of the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each an "App Provider"). You acknowledge and agree that:
These Terms are concluded between you and PopUp, and not with the App Provider, and that PopUp (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider may refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PopUp as set forth in these Terms.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, PopUp will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third party terms of service when using the App.
In order to access and use PopUp, including the Service, you will need to register and create an account (your "Account"). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services (including, without limitation, the Service) under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account, and to update your Account information promptly in the event that it changes.
When creating an Account, you are not permitted to:
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates these Terms. You are responsible for maintaining the confidentiality of your password and other Account information, and agree to notify us if any of the foregoing is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under or through the use of your Account, including those that occur without your permission.
You can link your Account to various webmail, social networking, and other online accounts ("Linked Accounts"). You may only link your Account to Linked Accounts that you own and control. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username, password and/or other Account Information) to make certain information or services available to you through the Service. By linking any Linked Account you expressly authorize us to access your account information and other applicable information from and through such Linked Accounts on your behalf as your agent and permit us to access, use and, in some cases, store your Account information and/or relevant information included or accessible through such Linked Accounts to accomplish the foregoing.
Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content ("Content") in the form of popups. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. Except as set forth in these Terms, you retain any and all of your rights to any Content you submit, post or display on or through the Service and you are solely responsible for protecting those rights.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service or otherwise.
You represent and warrant that, with respect to any Content that you post, provide or otherwise distribute or permit us to distribute and/or use in connection with the Service in accordance with these Terms: (i) is either yours (you own it) or you have the right to use such Content and grant us the rights and license to such Content as provided in these Terms; (ii) does not, and would not reasonably be expected to, violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property or any other rights of any person; (iii) is otherwise in compliance with all applicable laws and regulations.
We ask that you respect our on-line community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:
This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
The Content available through the Service, including Content provided by other users, has not been reviewed, verified or authenticated by us, and may include inaccuracies or false or misleading information. We make no representations, warranties, or guarantees in connection with the Service or any Content made available on or through the Service, including with respect to the quality, suitability, truth, accuracy, completeness or ownership of any such Content. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at legal [at] popupapp.co or by mail at Copyright Agent, c/o PopUp Inc., 527 Caswell Rd, Chapel Hill NC 27514.
The Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users' names, real names, email addresses or other personally identifying information available through the Service to transmit any advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not authorized by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other entity or individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to indemnify and hold harmless PopUp and its Representatives from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim, demand, proceeding or investigation (each, a "Claim") arising out of or relating to your violation of these Terms, including any Claim brought against PopUp or its Representative by any third party and any Claim arising out of or relating to the use of your Account by any third party.
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all liabilities and risk arising from your use or reliance of any third party sites.
The Service, including each of our Apps, is protected by copyright, trademark, trade secret and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors, as applicable) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, any App or any portion thereof, including as may be presented as part of or in connection with any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (Feedback) will be the sole and exclusive property of PopUp and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback and agree that PopUp shall not be required to treat as confidential or in any other way restrict its use or exploitation of such Feedback.
In addition to any other right of termination set forth herein, if you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the Service and/or any App included therein.
You understand and agree that the Service (including each App) is provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service or any portion thereof (including any App) will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
THE TOTAL LIABILITY OF POPUP AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, "REPRESENTATIVES") TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (INCLUDING ANY APP) AND IN NO EVENT WILL IT EXCEED $50. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL POPUP OR ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND/OR (iv) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT BY ANY THIRD PARRTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS SHALL APPLY TO YOU AND TO YOUR USE OF THE SERVICE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Terms are governed by the laws of the State of North Carolina, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect and the invalid or unenforceable provision will be replaced by a valid and enforceable provision most closely approximating the intent of the original provision. These Terms constitute the entire agreement between you and PopUp regarding the Service, and supersede and replace any prior agreements between you and PopUp regarding the Service. We may revise these Terms from time to time, provided that we shall provide a copy of such revised terms at http://www.popupapp.co/terms. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.