TERMS OF USE

Updated: July 1, 2021

These Terms of Use (“Terms”) are a binding agreement between you (“you” or “user”) and PopStack Inc. (“Company”, “we”, “our”, or “us”). These Terms govern your access use of the website at PopStack.ai (“Site”). By using the Site, you agree to be bound by the terms and conditions contained in these Terms. If you acting on behalf of your employer or another entity, you represent and warrant that you are authorized to bind such employer or entity to these Terms

If you do not agree with these Terms, do not use the Site or any content or features contained therein. We may also offer certain tools and services through the Site or through a separate portal (“Services”). Such Services are subject to a separate Terms of Service (“TOS”) that you must accept to use such Services.

1. Your Use of the Site

You may freely browse the Site and not use the Services, but you may only access, download or use information from the Site, including any text, images, audio, and video (the “Content”) for your own non-commercial use. You need not register with the Company to simply visit and view the Site. We may permit users of the Site to view of demonstration of our Services (“Demos”) without having to register and accept the TOS for purposes of evaluating whether to register for and use our Services. Any such demonstration use is subject to the Terms. However, if you wish to use the Services in a commercial or production environment, you must register with us and accept the TOS as condition to using the Services

We own the Site, Services and Content (except for User Content). Except and solely to the extent set forth in these Terms, you may not: (a) reproduce, distribute, publicly display, or publicly perform any Content; (b) make modifications to the Site, Demo Services, Services or any Content; (c) use the Site, D Demo Services, Services or any Content for any illegal purpose or in violation of any local, state, national, or international law; (d) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (e) interfere with security-related features of the Site, Demo Services or Services including by disabling or circumventing features that prevent or limit use or copying of any content; or (f) interfere with the operation of the Site, Demo Services or Services or any user’s enjoyment of the Site, Demo Services or Services, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Site.

2. Trademarks and Proprietary Rights

The trademarks, service marks, and logos of the Company (the “the Company Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s products or services or third-party’s products or services, or in any manner that may damage any goodwill in the Company Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.

3. User Content

Our Demos may allow users to view certain content, text, images, photo or information on the Site (“User Content”) from third-party services to which they have provided access us access or which they have posted directly. Users retain ownership or their User Content. However, users grant us a non-exclusive, worldwide, royalty-free and fully-transferable license to use, reproduce, display, perform, distribute and create derivative works of such User Content on the Site and in connection with the Demo Services and Services to which they register. Users shall not provide access to or post any User Content that infringes any intellectual property, privacy or publicity right, is obscene, defamatory, false or misleading, or which violates any applicable laws. We reserve the right to remove or not provide access to any User Content in our sole discretion.

4. Disclaimer of Warranties and Limitation of Liability

THE SITE, DEMO SERVICES. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SITE. SERVICES, DEMO SERVICES OR CONTENT ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS.

THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SITE OR DEMO SERVICES OR SERVICES, OR YOUR USE OF THE SITE. DEMO SERVICES, OR SERVICES WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SITE DEMO SERVICES, OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SITE. DEMO SERVICES, OR SERVICES AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SAME, AND YOUR RELIANCE THEREON.

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE. DEMO SERVICES, SERVICES, AND/OR ANY THIRD-PARTY SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS, OR SUBMISSIONS PROVIDED OR POSTED ON THE SITES. DEMO SERVICES, OR THIRD-PARTY SERVICES.

5. Indemnification

You agree to defend, indemnify and hold harmless the Company and affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys' fees brought against the Company by any third party arising out of or are related to your violation of these Terms, User Content or your use of the Demo Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of the Company may be made without the Company’s prior written approval.

6. Privacy

You agree that any personal information we collect from you in connection with your use of the Site, Demos Services or Services will be process by use as set forth in our Privacy Policy.

7. Links to Third-Party Services

Our Site or Services may link to or provide access to the sites or services of our partners, suppliers, advertisers, sponsors, licensors and other third parties (“Third-Party Services”). We do not control the content or links that appear on these Third-Party Services and are not responsible for the practices employed by the Third-Party Services.

8. Intellectual Property Claims.

We respect the intellectual property rights of others and require that users of our Site, Demo Services and Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: [insert contact and address] To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site, Demo Services and Services who is the subject of repeated DMCA or other infringement notifications

9. Changes to the Company’s Terms of Use

The Company has the discretion to update these Terms at any time. We will endeavor to notify users with accounts of material changes to the Terms by email to the email address in their email account. We also encourage user to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications. Any use of the Site or Services after posting of the modifications constitutes your acceptance of the modifications.

10. General

These Terms and any other the Company policies referenced herein constitute the entire agreement of the parties with respect to its subject matter. These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. The Site and Services are intended for user located within the United States. We make no representation that the Site or Services are appropriate or available for use outside of the United States. Access to the Site or Services from countries or territories or by individuals where such access is illegal is prohibited.

11. Contacting the Company

If you have any questions about these Terms of Use, please contact us at info@popstack.ai