TERMS
OF SERVICE AGREEMENT
PLEASE
READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING
OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL
TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE
USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE
PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS
AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2016.
ACCEPTANCE OF TERMS
The
following Terms of Service Agreement (the “TOS”) is a legally binding
agreement that shall govern the relationship with our users and others which
may interact or interface with Pops PC LLC, also
known as Pops PC, located at P.O. Box 200727, Denver, Colorado 80220 and our
subsidiaries and affiliates, in association with the use of the Pops PC website, which includes http://thaddeus.ws, (the
“Site”) and its Services, which shall be defined below.
DESCRIPTION OF
WEBSITE SERVICES OFFERED
The
Site is an e-commerce website classified ads website which has the
following description:
Provide users/members to post ads on our
classified ads website. Users can also pay to promote their classified ad
listing for a one-time fee or a recurring subscription. User can cancel before
subscription renews. If you have anything legal to sale, then posting to our
classified ads system for free will grant you extra ability to sale or give
away your posted item(s).
Any
and all visitors to our site, despite whether they are registered or not, shall
be deemed as “users” of the herein contained Services provided for
the purpose of this TOS. Once an individual
register’s for our Services, through the process of creating an account, the
user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services
provided and made available through our website and applications, which may include
some mobile applications and that those applications may be made available on
various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Pops PC LLC. At its discretion,
Pops PC LLC may offer additional website Services
and/or products, or update, modify or revise any current content and Services,
and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified or revised Services unless otherwise
stipulated. Pops PC LLC does hereby reserve the
right to cancel and cease offering any of the aforementioned Services and/or
products. You, as the end user and/or member, acknowledge, accept and agree
that Pops PC LLC shall not be held liable for any
such updates, modifications, revisions, suspensions or discontinuance of any of
our Services and/or products. Your continued use of the Services provided,
after such posting of any updates, changes, and/or modifications shall
constitute your acceptance of such updates, changes and/or modifications, and
as such, frequent review of this Agreement and any and all applicable terms and
policies should be made by you to ensure you are aware of all terms and
policies currently in effect. Should you not agree to the updated, revised or
modified terms, you must stop using the provided Services forthwith.
Furthermore,
the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided “AS IS” and as such Pops
PC LLC shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content,
communication or personalization settings.
REGISTRATION
To
register and become a “member” of the Site, you must be at least 18
years of age to enter into and form a legally binding contract. In addition,
you must be in good standing and not an individual that has been previously
barred from receiving Pops PC‘s Services under the
laws and statutes of the United States or other applicable jurisdiction.
When
you register, Pops PC may collect information such
as your name, e-mail address, birth date, gender, mailing address, occupation,
industry and personal interests. You can edit your account information
at any time. Once you register with Pops PC and
sign in to our Services, you are no longer anonymous to us.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
a) furnish factual,
correct, current and complete information with regards to yourself as may be
requested by the data registration process, and
b) maintain and
promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, Pops PC LLC will have
sufficient grounds and rights to suspend or terminate the member in violation
of this aspect of the Agreement, and as such refuse any and all current or
future use of Pops PC LLC Services, or any portion
thereof.
It
is Pops PC LLC‘s priority to ensure the safety and
privacy of all its visitors, users and members, especially that of children.
Therefore, it is for this reason that the parents of any child under the age of
13 that permit their child or children access to the Pops
PC website platform Services must create a “family” account,
which will certify that the individual creating the “family” account
is of 18 years of age and as such, the parent or legal guardian of any child or
children registered under the “family” account. As the creator of the
“family” account, s/he is thereby granting permission for his/her
child or children to access the various Services provided, including, but not
limited to, message boards, email, and/or instant messaging. It is the parent’s
and/or legal guardian’s responsibility to determine whether any of the Services
and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every
member’s registration data and various other personal information are strictly
protected by the Pops PC LLC Online Privacy Policy (see the full Privacy Policy at
http://thaddeus.ws/about-us/privacy). As a member, you herein consent to the
collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage,
processing or use by Pops PC LLC and/or our
subsidiaries and affiliates.
MEMBER
ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of
your account. You shall be responsible for maintaining the secrecy and
confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would
be deemed a violation of the TOS. It shall be your responsibility to notify Pops PC LLC immediately if you notice any unauthorized
access or use of your account or password or any other breach of security. Pops PC LLC shall not be held liable for any loss and/or
damage arising from any failure to comply with this term and/or condition of
the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge,
understand and agree that all information, text, software, data, photographs,
music, video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility of
the individual from whom the content originated. In short, this means that you
are solely responsible for any and all content posted, uploaded, emailed,
transmitted or otherwise made available by way of the Pops
PC Services, and as such, we do not guarantee the accuracy, integrity or
quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed,
transmitted or otherwise made available by Pops PC.
Furthermore, you herein agree not to make use of Pops PC LLC‘s Services for the purpose of:
a) uploading,
posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing
harm to minors in any manner whatsoever;
c) impersonating
any individual or entity, including, but not limited to, any Pops PC officials, forum leaders, guides or hosts or
falsely stating or otherwise misrepresenting any affiliation with an individual
or entity;
d) forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary relationship with;
e) uploading,
posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading,
posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance
with any contractual or fiduciary relationship;
g) uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,”
“spam,” or any other form of solicitation, except in any such areas
that may have been designated for such purpose;
h) uploading,
posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs
which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
i) disrupting
the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real time
interactions;
j) interfering
with or disrupting any Pops PC LLC Services,
servers and/or networks that may be connected or related to our website,
including, but not limited to, the use of any device software and/or routine to
bypass the robot exclusion headers;
k) intentionally
or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ, and any regulations having the force of law;
l) providing
informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States
government as a “foreign terrorist organization” in accordance to
Section 219 of the Immigration Nationality Act;
m) “stalking”
or with the intent to otherwise harass another individual; and/or
n) collecting
or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
Pops PC LLC herein
reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the TOS or which would
otherwise be considered offensive to other visitors, users and/or members.
Pops PC LLC
herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith
belief that any such action is deemed reasonably necessary for:
a)
compliance with any legal process;
b)
enforcement of the TOS;
c)
responding to any claim that therein contained content is in
violation of the rights of any third party;
d)
responding to requests for customer service; or
e) protecting
the rights, property or the personal safety of Pops PC
LLC, its visitors, users and members, including the general public.
Pops PC LLC
herein reserves the right to include the use of security components that may
permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations
established by Pops PC LLC or any other content
providers supplying content services to Pops PC LLC.
You are hereby prohibited from making any attempt to override or circumvent any
of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or
materials supplied by our Services, despite whether done so in whole or in
part, is expressly prohibited.
INTERSTATE
COMMUNICATION
Upon
registration, you hereby acknowledge that by using http://thaddeus.ws to send
electronic communications, which would include, but are not limited to, email,
searches, instant messages, uploading of files, photos and/or videos, you will
be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with
this TOS, you are acknowledging that the use of this Service shall result in
interstate transmissions.
CAUTIONS FOR GLOBAL USE AND
EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our
network you hereby agree to comply with all local rules relating to online
conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be
subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all
applicable export and import laws, statutes and regulations, including, but not
limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as
well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are
not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor
a member of any other government which may be part of an export-prohibited
country identified in applicable export and import laws and regulations;
b) agree
not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c) agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
d) agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
CONTENT PLACED OR MADE
AVAILABLE FOR COMPANY SERVICES
Pops PC LLC shall
not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on
our website Services. Therefore, you hereby grant and allow for Pops PC LLC the below listed worldwide, royalty-free and
non-exclusive licenses, as applicable:
a) The
content submitted or made available for inclusion on the publicly accessible
areas of Pops PC LLC‘s sites, the license provided
to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services is for the sole purpose
of providing and promoting the specific area to which this content was placed and/or
made available for viewing. This license shall be available so long as you are
a member of Pops PC LLC‘s sites, and shall
terminate at such time when you elect to discontinue your membership.
b) Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Pops PC LLC‘s sites,
the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
are for the sole purpose of providing and promoting the specific area in which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Pops PC LLC‘s
sites and shall terminate at such time when you elect to discontinue your
membership.
c) For
any other content submitted or made available for inclusion on the publicly
accessible areas of Pops PC LLC‘s sites, the
continuous, binding and completely sub-licensable license which is meant to
permit to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and/or publicly display said content, whether in whole or in
part, and the incorporation of any such Content into other works in any
arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible”
areas of Pops PC LLC‘s sites are those such areas
of our network properties which are meant to be available to the general
public, and which would include message boards and groups that are openly
available to both users and members. However, those areas which are not open to
the public, and thus available to members only, would include our mail system
and instant messaging.
CONTRIBUTIONS
TO COMPANY WEBSITE
Pops PC LLC provides
an area for our users and members to contribute feedback to our website. When
you submit ideas, documents, suggestions and/or proposals
(“Contributions”) to our site, you acknowledge and agree that:
a) your
contributions do not contain any type of confidential or proprietary
information;
b) Pops PC shall not be liable or under any
obligation to ensure or maintain confidentiality, expressed or implied, related
to any Contributions;
c) Pops PC shall be entitled to make use of and/or
disclose any such Contributions in any such manner as they may see fit;
d) the
contributor’s Contributions shall automatically become the sole property of Pops PC; and
e) Pops PC is under no obligation to either
compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or
members herein agree to insure and hold Pops PC LLC,
our subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or
not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third
party which may arise from any content a member or user of our site may submit, post, modify, transmit or
otherwise make available through our Services, the use of Pops PC Services
or your connection with these Services, your violations of the Terms of Service
and/or your violation of any such rights of another person.
COMMERCIAL
REUSE OF SERVICES
The member or user herein agrees not to
replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Pops PC‘s
sites.
USE
AND STORAGE GENERAL PRACTICES
You herein acknowledge that Pops PC LLC
may set up any such practices and/or limits regarding the use of our Services,
without limitation of the maximum number of days that any email, message
posting or any other uploaded content shall be retained by Pops PC LLC, nor the maximum number of email messages
that may be sent and/or received by any member, the maximum volume or size of
any email message that may be sent from or may be received by an account on our
Service, the maximum disk space allowable that shall be allocated on Pops PC LLC‘s servers on the member’s behalf, and/or the
maximum number of times and/or duration that any member may access our Services
in a given period of time. In addition,
you also agree that Pops PC LLC has absolutely no
responsibility or liability for the removal or failure to maintain storage of
any messages and/or other communications or content maintained or transmitted
by our Services. You also herein acknowledge that we reserve the right to
delete or remove any account that is no longer active for an extended period of
time. Furthermore, Pops PC LLC shall reserve the
right to modify, alter and/or update these general practices and limits at our
discretion.
Any messenger service, which may include any web-based versions,
shall allow you and the individuals with whom you communicate with the ability
to save your conversations in your account located on Pops
PC LLC‘s servers. In this manner, you will be able to access and search
your message history from any computer with internet access. You also
acknowledge that others have the option to use and save conversations with you
in their own personal account on http://thaddeus.ws. It is your agreement to
this TOS which establishes your consent to allow Pops PC
LLC to store any and all communications on its servers.
MODIFICATIONS
Pops PC LLC shall
reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of http://thaddeus.ws, you may cancel or terminate
your account, associated email address and/or access to our Services by submitting
a cancellation or termination request to accounts@thaddeus.ws.
As a member, you agree that Pops PC LLC
may, without any prior written notice, immediately suspend, terminate,
discontinue and/or limit your account, any email associated with your account,
and access to any of our Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall include, but is
not limited to:
a)
any breach or violation of our TOS or any other incorporated
agreement, regulation and/or guideline;
b)
by way of requests from law enforcement or any other governmental
agencies;
c)
the discontinuance, alteration and/or material modification to our
Services, or any part thereof;
d)
unexpected technical or security issues and/or problems;
e)
any extended periods of inactivity;
f)
any engagement by you in any fraudulent or illegal activities;
and/or
g) the
nonpayment of any associated fees that may be owed by you in connection with your
http://thaddeus.ws account Services.
Furthermore, you herein agree that any and all terminations,
suspensions, discontinuances, and or limitations of access for cause shall be
made at our sole discretion and that we shall not be liable to you or any other
third party with regards to the termination of your account, associated email
address and/or access to any of our Services.
The termination of your account with http://thaddeus.ws shall
include any and/or all of the following:
a)
the removal of any access to all or part of the Services offered
within http://thaddeus.ws;
b)
the deletion of your password and any and all related information,
files, and any such content that may be associated with or inside your account,
or any part thereof; and
c)
the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation
in any promotions of, advertisers located on or through our Services, which may
include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with
such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that Pops PC LLC shall
not be held responsible or liable for any loss or damage of any nature or
manner incurred as a direct result of any such dealings or as a result of the
presence of such advertisers on our website.
LINKS
Either Pops PC LLC or any third parties
may provide links to other websites and/or resources. Thus, you acknowledge and
agree that we are not responsible for the availability of any such external
sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or
available from such third party sites or resources. Furthermore, you
acknowledge and agree that Pops PC LLC shall not
be responsible or liable, directly or indirectly, for any such damage or loss which
may be a result of, caused or allegedly to be caused by or in connection with
the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY
RIGHTS
You do hereby acknowledge and agree that Pops
PC LLC‘s Services and any essential software that may be used in
connection with our Services (“Software”) shall contain proprietary
and confidential material that is protected by applicable intellectual property
rights and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information presented
by and through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore, except for
that which is expressly permitted by applicable law or as authorized by Pops PC LLC or such applicable licensor, you agree not
to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,
publicly perform and/or created any plagiaristic works which are based on Pops PC LLC Services (e.g. Content or Software), in
whole or part.
Pops PC LLC
herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter,
modify, create or plagiarize work from, reverse engineer, reverse assemble or
otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such
right in the Software. Furthermore, you do herein agree not to alter or change
the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the
purpose of obtaining unauthorized access to our Services. Lastly, you also
agree not to access or attempt to access our Services through any means other
than through the interface which is provided by Pops PC
LLC for use in accessing our Services.
WARRANTY
DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE
USE OF POPS PC LLC SERVICES AND SOFTWARE ARE AT
THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
“AS IS” AND/OR “AS AVAILABLE” BASIS. POPS
PC LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b) POPS PC LLC AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) POPS PC LLC SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) POPS PC LLC SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE POPS PC
LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF
ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c) ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF POPS PC LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE
FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO
ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY
SUCH INFORMATION OR MATERIAL.
d) NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM POPS PC LLC OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
e) A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR
SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION
OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT POPS PC LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY
HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT
FROM:
a) THE
USE OR INABILITY TO USE OUR SERVICE;
b) THE
COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS
OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Pops PC LLC (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected or unsuspected, disclosed
and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL
ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or
request any such news, messages, alerts or other information from our Services
concerning companies, stock quotes, investments or securities, please review
the above Sections Warranty Disclaimers and Limitations of Liability again. In
addition, for this particular type of information, the phrase “Let the
investor beware” is appropriate. Pops PC LLC‘s
content is provided primarily for informational purposes, and no content that
shall be provided or included in our Services is intended for trading or
investing purposes. Pops PC LLC and our licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted and/or made available by way of our Services,
and shall not be responsible or liable for any trading and/or investment decisions
based on any such information.
EXCLUSION
AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD
PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise
expressly provided in this TOS, that there shall be no third-party
beneficiaries to this agreement.
NOTICE
Pops PC LLC may
furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices
may not be received if you violate any aspects of the TOS by accessing our
Services in an unauthorized manner. Your acceptance of this TOS constitutes
your agreement that you are deemed to have received any and all notices that
would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK
INFORMATION
You herein acknowledge, understand and agree that all of the Pops PC LLC trademarks, copyright, trade name, service
marks, and other Pops PC LLC logos and any brand
features, and/or product and service names are trademarks and as such, are and
shall remain the property of Pops PC LLC. You
herein agree not to display and/or use in any manner the Pops
PC LLC logo or marks without obtaining Pops PC LLC‘s
prior written consent.
COPYRIGHT
OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
&
PROCEDURES
Pops PC LLC will
always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole
discretion, Pops PC LLC may disable and/or
terminate the accounts of any user who violates our TOS and/or infringes the
rights of others. If you feel that your work has been duplicated in such a way
that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide
to us the following information:
a) The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
b) A
description of the copyrighted work or other intellectual property that you
believe has been infringed upon;
c) A description
of the location of the site which you allege has been infringing upon your work;
d) Your
physical address, telephone number, and email address;
e) A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
f) And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner’s behalf.
The Pops PC LLC Agent for notice of
claims of copyright or other intellectual property infringement can be
contacted as follows:
Mailing Address:
Pops PC LLC
Attn: Copyright Agent
P.O. Box 200727
Denver, Colorado 80220
Telephone: 303-800-5676
CLOSED
CAPTIONING
BE IT KNOWN, that Pops PC LLC
complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more
information, please visit our website at http://thaddeus.ws.
GENERAL
INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Pops PC LLC and shall govern the use of our Services,
superseding any prior version of this TOS between you and us with respect to Pops PC LLC Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain
other Pops PC LLC Services, affiliate Services,
third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Pops PC LLC with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of Colorado without regard to its conflict of law
provisions and that any and all claims, causes of action
and/or disputes, arising out of or relating to the TOS, or the relationship
between you and Pops PC LLC, shall be filed within
the courts having jurisdiction within the County of Denver,
Colorado or the U.S. District Court located in
said state. You and Pops PC LLC agree to submit to
the jurisdiction of the courts as previously mentioned, and agree to waive any
and all objections to the exercise of jurisdiction over the parties by such
courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Pops PC LLC fail
to exercise or enforce any right or provision of the TOS, such failure shall
not constitute a waiver of such right or provision. If any provision of this
TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP
NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable
and any rights to your ID and/or contents within your account shall terminate
upon your death. Upon receipt of a copy of a death certificate, your account
may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any
statute or law to the contrary, any claim or action arising out of or related
to the use of our Services or the TOS must be filed within 3 year(s) after said claim or cause of action arose or shall
be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Pops PC LLC as follows:
Mailing Address:
Pops PC LLC
P.O. Box 200727
Denver, Colorado 80220
Telephone: 303-800-5676
Email: tos@thaddeus.ws