Effective: September 5, 2023
The Terms of Service is part of the User Agreement which also comprises our Privacy Policy and our Community Guidelines.
Buzz Ventures LLC ("we," "us," "our") operates the Poppl website, mobile application, and other online products and services (collectively referred to as the "Services"). You agree to be bound by these Terms of Service ("Terms") by using the Services. These Terms of Service ("Terms") govern your access to and use of our Services, as well as any other covered services linked to these Terms (collectively, the "Services"), as well as any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively, the "Content"). For purposes of these Terms, “you” and “your” means you as the user of the Services. Acceptance and compliance with these Terms are required for access to and use of the Services. You agree to be bound by these Terms by accessing or using the Services.
Do not access or use the Services if you do not agree to these Terms, including the mandatory arbitration provisions. If we modify these Terms, we will notify you by posting a notice on the Services or by revising the "Effective" date above. Your continuing use of the Services indicates that you agree to the modifications.
1. Who may use the Services
To use the Services or submit any information to us, you must be at least 13 years old. If you are between the ages of 13 and 18, you may use the Services only with the permission of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you consent to (1) maintaining the security of your account by not disclosing your password (if you have one) or other access credentials to third parties, and limiting access to your account and your computer or mobile device; (2) promptly notifying us of any security breaches related to the Services that you learn about or otherwise suspect; and (3) accepting liability for all activities that take place under your account.
2. Privacy
Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to us and our affiliates for storage, processing, and use.
3. Content
In addition to adhering to all applicable laws, rules, and regulations, you are responsible for how you use the Services and any Content you supply. Only submit Content that you feel confident sharing with others. We reserve the right to delete any Content that we, in our sole discretion, view as in violation of these Terms or our Community Guidelines. You grant us a non-exclusive, worldwide, royalty-free (with the right to sub-license) license to use, reproduce, process, modify, adapt, translate, publish, distribute, and display Content in any mediator distribution methods (now known or later developed), including in connection with our marketing and promotional activities, by submitting, posting, or displaying Content on or through the Services. You agree that we have the right to provide, promote, and improve the Services, as well as make Content submitted to or through the Services available to other companies, organizations, or individuals for syndication, broadcast, distribution, or publication on the Services or in other media, under the terms of this license. We, or other companies, organizations, or individuals, make such additional uses with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services, as your use of the Services is hereby agreed to be sufficient compensation for the Content and grant of rights herein. At your own risk, you may use or rely on any Content or materials published on the Services or that you get from the Services. We do not represent or guarantee that any Content or communications provided through the Services are accurate, complete, true, or reliable, nor do we support any views expressed through the Services. You are aware that using the Services could expose you to Content that is objectionable, harmful, incorrect, or otherwise improper. There may also be instances where postings have been mislabeled or otherwise misleading. Each piece of content is solely the responsibility of the person who created it. We cannot be held accountable for any Content submitted over the Services since we may not be able to monitor or regulate it.
In relation to User Submissions, you affirm, assert, and/or warrant the following: (i) you possess or have acquired the necessary licenses, rights, consents, and permissions to utilize and authorize us to employ all patents, trademarks, trade secrets, copyrights, or other proprietary rights in any and all User Submissions, facilitating their inclusion and application as envisioned by the Website and these Terms of Use; and (ii) you have obtained the documented consent, release, and/or authorization from every identifiable individual featured in the User Submission, allowing the usage of their name or likeness to facilitate the incorporation and application of User Submissions as envisioned by the Website and these Terms of Use. Additionally, in relation to User Submissions, you agree not to: (i) share materials that are copyrighted, safeguarded by trade secret, or subject to third-party proprietary rights, including privacy and publicity rights, unless you hold such rights or have received permission from the legitimate owner to distribute the material and grant [us] all necessary license rights specified herein; (ii) disseminate false or misleading information that could harm [us] or any third party; (iii) submit content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that promotes actions which could be considered criminal, lead to civil liability, breach any law, or are otherwise unsuitable; (iv) post advertisements or business solicitations; (v) impersonate others.
We do not endorse any User Submission or the opinions, recommendations, or advice expressed therein, and we explicitly disclaim any liability in connection with User Submissions. We prohibit copyright violations and intellectual property rights infringements on our Website and will remove all Content and User Submissions upon proper notification of infringement. We retain the right to remove Content and User Submissions without prior notice. We will terminate a User's access to our Website if deemed a repeat infringer, at the discretion of our Support Team. We may remove offending User Submissions and/or terminate a User's access for uploading such materials in violation of these Terms of Use at any time, without prior notice, and at its sole discretion.
When using the Services, be aware that you will encounter User Submissions from various sources. We are not liable for the precision, accuracy, utility, safety, or intellectual property rights related to such User Submissions. You acknowledge and accept that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to relinquish any legal or equitable rights or remedies you may possess against us in this regard. You also agree to indemnify and hold us] our Owners/Operators, affiliates, and/or licensors harmless to the fullest extent permitted by law concerning all matters related to your use of the site. We allow you to link to materials on the Services for personal, non-commercial purposes only. We reserve the right to cease any aspect of the Poppl Website and Services at any time. Poppl is developed by Buzz Ventures LLC and has no affiliation with content providers.
4. Use of Service
You agree that we and our third-party partners may show advertising on the Services or in conjunction with the display of Content or information, whether given by you or others, in exchange for us giving you access to and use of the Services. You consent to not abuse our Services, such as by tampering with them or gaining access to them via a different means than the interface and instructions we give. You acknowledge that, except from and only to the extent that relevant legislation expressly authorizes, you will not attempt to circumvent any technological restrictions in the software included with the Services or reverse engineer, decompile, or disassemble the software, except and only to the extent that applicable law expressly permits.
You are prohibited from carrying out the following actions while using or accessing the Services: (i) accessing, tampering with, or using private areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probing, scanning, or testing the vulnerability of any system or network; (iii) breaching or evading any security or authentication measures; and (iii) accessing or searching or attempting to access or search the Services by any means (automated or otherwise); (iv) alter, deceive, or send false source-identifying information using the Services; or (vi) disrupt (or attempt to disrupt) the access of any user, host, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of Content in a way that disrupts or creates an undue burden on the Services.
You agree that you are solely responsible for your behavior while using the Services at your own risk, and that you will not use the Services in a manner that would violate any law, contract, intellectual property right, or other third-party right or constitute a tort. Additionally, you agree not to: prevent other users from using the Services to their fullest potential; engage in any discriminatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct; attempt to imply a connection with us or an endorsement by us; send unsolicited advertising or promotional materials; or collect email addresses or other forms of contact information from other users in order to send commercial messages; use any third-party application that interacts with the Services without first getting permission from that user and us; use any automated method or interface that is not provided by us to access the Services; use the Services or the Service Materials for any other purpose than what is intended or in a way that contravenes our Community Guidelines.
Additionally, we reserve the right to read, access, retain, and disclose any information when we reasonably believe that doing so is necessary to: (i) conform to any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including looking into possible violations of them; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) provide customer service; or (v) protect our rights, property, or safety and the rights, property, or safety of our users and the public. Except as permitted by our Privacy Policy, we do not disclose personally-identifying information to third parties.
5. License to Use the Services
We grant you a personal, non-transferable, non-exclusive, worldwide, royalty-free license to use the software it provides to you as part of the Services. This license's one and only goal is to give you the freedom to use the Services as offered by us and to benefit from them in the ways made possible by these Terms. The copyright, trademark, and other laws of the United States and other nations protect the Services. No permission to use the Poppl name or any of its trademarks, logos, domain names, other distinctive brand elements, or other proprietary rights is granted to you by the Terms. We, our licensors, and their affiliates have the exclusive and entire right, title, and interest in and to the Services (with the exception of any user-provided content). Your feedback, comments, or recommendations about Poppl or the Services are totally voluntary, and we are allowed to use them however we see fit without incurring any obligations to you.
6. Third-Party Content
The Services may contain links to and other content owned or operated by third parties, such as social media "widgets" and advertisements (what we refer to as "Third-Party Content"). You acknowledge and agree that we are not liable or responsible for Third-Party Content and that you access and use Third-Party Content at your own risk. We have no influence over, and accept no liability for, any third party's content, privacy policies, or practices. Additionally, we are unable and unwilling to filter or alter any third-party website's content. Your engagements and interactions with Third-Party Content are solely between you and the third-party content provider.
You should be aware that when you leave the Services, our terms and policies are no longer in effect and that the terms and policies of any subsequent third-party websites or services take precedence. By using the Website, you expressly release us and any third-party provider, as well as each of their respective affiliates and the officers, directors, employees, and agents of the foregoing, from any and all claims, causes of action, costs, damages, and expenses of any kind or nature whatsoever arising out of or related to such content, or from any and all liability arising from your use of any third-party website and the content thereof.
7. Indemnification
You agree to protect, indemnify, and hold blameless our company, its service providers, independent contractors, consultants, and their respective directors, officers, employees, and agents (collectively, "Poppl Parties"), from and against any damages, claims, costs, expenses, and liabilities (including, but not limited to, reasonable legal fees) resulting from or related to (a) your use of the Services; (b) any User Content or Submission you provide; (c) your infringement of any rights of others; (d) your breach of these Terms; or (e) your behavior in connection with the Services.
8. Limited Liability
THE SERVICES AND SERVICE MATERIALS ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS EXPRESSLY STATED TO THE CONTRARY IN WRITING BY US. The “Poppl Entities” refers to Buzz Ventures LLC, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. IN REGARDS TO THE SERVICES AND SERVICE MATERIALS, THE POPPL ENTITIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE POPPL ENTITIES MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR ERROR-FREENESS OF THE SERVICES OR SERVICE MATERIALS. TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICES, TEXT, OR PHOTOGRAPHY ARE NOT THE FAULTS OF THE POPPL ENTITIES. WHILE THE POPPL ENTITIES MAKE AN EFFORT TO ENSURE YOUR SAFETY WHILE USING THE SERVICES, THE POPPL ENTITIES CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AS A RESULT, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE POPPL ENTITIES WILL NOT BE HELD RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY BEHAVIOR OR CONTENT OF ANY THIRD PARTY WITHIN THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT ACQUIRED THROUGH THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE COMBINED LIABILITY OF THE POPPL ENTITIES EXCEED THE GREATER OF TWENTY FIVE U.S. DOLLARS (U.S. $25.00) OR THE AMOUNT YOU HAVE PAID TO US, IF ANY, DURING THE PAST SIX MONTHS FOR THE SERVICES LEADING TO THE CLAIM. THE LIMITATIONS IN THIS SECTION WILL APPLY TO ANY LEGAL THEORY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR THE POPPL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY PROVIDED HEREIN FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.
9. Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Except for any dispute in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, you and we waive your respective rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. YOU AND WE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS PERSONAL TO YOU AND US AND THAT YOU AND WE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. Any claim you may have arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You and we agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to us must be sent to support@popplesocial.com.
10. Alterations to the Services
Without prior notice, we maintain the right to change or eliminate, whether temporarily or permanently, the Services, or any features or elements of the Services. You acknowledge and agree that we will not be held responsible for any alteration, interruption, modification, suspension, or termination of the Services or any part thereof.
11. Applicable Law
The laws of the State of Delaware, excluding its choice of law provisions, will govern these Terms, your use of the Services, and any dispute that arises between you and us. To the extent the arbitration provision does not apply, you agree that all disputes related to these Terms or the Services will be brought solely in the state or federal courts located in New Castle County, Delaware, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
12. Severability
If any part of these Terms is determined to be invalid or unenforceable, that provision will be limited or eliminated to the absolute minimal extent necessary, and the remaining parts of these Terms will continue to be valid and enforceable. No right or provision of these Terms will be deemed waived by our failure to enforce such right or provision.
These Terms are an agreement between you and Buzz Ventures LLC, 254 Chapman Rd, Ste 209 #10465, Newark, Delaware 19702 U.S.A. If you have any questions or comments about these Terms or the Services, please contact us at support@popplesocial.com.
Poppl
Copyright © 2023 Poppl - All Rights Reserved. Buzz Ventures LLC
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.