Your use of this web site is governed by these "Terms and Conditions". Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Poplively.com Ltd (the "Poplively.com") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
Use of Material
Poplively.com authorises you to view and download a single copy of the material on Poplively.com.com (the "Web Site") solely for your personal, noncommercial use. The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under both United Kingdom and foreign copyright, trademark and other laws. All Material is the property of Poplively.com or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Poplively.com and protected by U.K. and international copyright laws. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that Poplively.com creates to generate its pages. It is also protected by Poplively.com's copyright.
Acceptable Site Use
General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material :
- In violation of any applicable law or regulation
- In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
- That is defamatory, obscene, threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation
- Accessing data not intended for such user or logging into a server or account which the user is not authorised to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"
- Sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Poplively.com will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses
The Web Site may be used only for lawful purposes by individuals seeking Poplively.com's services. Poplively.com specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
- Posting any incomplete, false or inaccurate information or information which is not accurate.
- Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
- Deleting or revising any material posted by any other person or entity.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
- Taking any action which imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
- If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from Poplively.com on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Poplively.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
Poplively.com reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Poplively.com may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Poplively.com or may cause Poplively.com to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant Poplively.com and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify Poplively.com of any unauthorised use of your registration or password.
Poplively.com DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Poplively.com IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Poplively.com, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. Poplively.com MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL Poplively.com, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Poplively.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Poplively.com of the contents on such third-party Web sites. Poplively.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
No Resale or Unauthorised Commercial Use
You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorised commercial use of the Web Site.
Limitation of Liability
The aggregate liability for Poplively.com to you for all claims arising from the use of the Materials is limited to £100.
Poplively.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by Poplively.com, upon any breach by you of these Terms and Conditions or if Poplively.com is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.
You agree to defend, indemnify, and hold harmless Poplively.com, is officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. Poplively.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.