PopTok Terms of Use

Version 1.0

PopTok is a copyrighted work belonging to Trioangle Technologies. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site.

BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

Accessto the Site

Subject to these Terms. The Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions:

(a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;

(b) you shall not change, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;

(c) you shall not access the Site in order to build a similar or competitive website; and

(d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.

All copyright and other proprietary notices on the Site must be retained on all copies thereof.

The company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that the Company will not be held liable to you or any third party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance

You agree that the Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, are owned by the Company or the Company’s suppliers.

Note that these Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

User Content

User Content. "User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy.

You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by the Company. Because you alone are responsible for your User Content, you may expose yourself to liability.

The company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to the Company an irreversible, nonexclusive, royalty-free, and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.

Rights to Use

You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content

(i) that violates any third-party right or any intellectual property or proprietary right;

(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

(iii) that is harmful to minors in any way; or

(iv) that is in violation of any law, regulation, obligations, or restrictions imposed by any third party.

In addition, you agree not to:

(i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data;

(ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;

(iii) use the site to harvest, collect, gather or assemble information or data regarding other users without their consent;

(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks;

(v) attempt to gain unauthorized access to the Site, whether through password mining or any other means;

(vi) harass or interfere with any other user’s use and enjoyment of the Site; or

(vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person.

If you provide the Company with any feedback or suggestions regarding the Site, you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. The company will treat any feedback you provide to the company as non-confidential and non-proprietary.

You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of

(a) your use of the Site,

(b) your violation of these Terms,

(c) your violation of applicable laws or regulations or

(d) your User Content. The company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

You agree not to settle any matter without the prior written consent of the Company. The company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Third-Party Links; Other Users

The site may contain links to third-party websites and services. Such Third-Party Links are not under the control of the company, and the company is not responsible for any Third-Party Links.

The company provides access to these Third-Party Links only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.

You use all Third-Party Links at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party links, the applicable third party’s terms and policies apply, including the third party’s privacy and data-gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.

You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to the Site.

If you are a California resident, you hereby waive California Civil Codesection 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or she must have materially affected his or her settlement with the debtor."

Disclaimers

The site is provided on an "as-is" and "as-available" basis, and the company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

We have no guarantee that the site will meet all your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to (no. of days) from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall the Company or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if the company has been advised of the possibility of such damages.

Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (US $50). The existence of more than one claim will not enlarge this limit.

You agree that our clients will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.

Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve the deletion of your User Content associated with your Account from our live databases. The company will not have any liability whatsoever to you for any termination of your rights under these Terms.

Copyright Policy.

The company respects the intellectual property of others and asks that users of our Site do the same. In connection with our site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online site who are repeat infringers of intellectual property rights, including copyrights.

If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information is in the form of a written notification.

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address.

In the event that the last e-mail address that you have provided us is not valid, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

Any changes to these Terms will be effective upon the earliest of (no of days) calendar days following our dispatch of an email notice to you or (no. of days) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site.

Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

A Notice to the Company should be sent to 12/9 Santhosh Raj Plaza 3rd Floor, Subburaman Street, Gandhi Nagar, Madurai, Tamil Nadu 625020.

After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.

If you and the Company do not resolve the claim or dispute within the claiming period after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Confidentiality.

All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement.

This Arbitration Agreement will survive the termination of your relationship with the Company.

Electronic Communications.

The communications between you and the Company use electronic means, whether you use the Site or send us emails, or whether the Company posts notices on the Site or communicates with you via email.

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copywriting.

Entire Terms.

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Your relationship to the company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

The company may freely assign these terms. The terms and conditions set forth in these Terms shall be binding upon assignees. Your Privacy. Please read our Privacy Policy.