Terms and conditions of use

Index

  1. This Service
  2. Eligibility
  3. Registration and Account Integrity
  4. Pricing, Plans and Features
  5. Payment and Credit Control
  6. Cancellation
  7. Technical Support
  8. Specific Service Rules
  9. Content Ownership
  10. Content Sharing
  11. Copyrighted Material
  12. Content Monitoring
  13. Termination
  14. Affiliate Program
  15. Availability and Backups
  16. Disclaimers of Warranties
  17. Limitation of Liability
  18. Indemnity
  19. Privacy
  20. Severability
  21. Waiver
  22. Entire Terms & Conditions
  23. The Consumer Rights Act 2015
  24. Jurisdiction

1. This Service

The Popoverify (also as "Service") is provided by POPOVERIFY LTD (also as "we", "us") to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.

2. Eligibility

You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.

3. Registration and Account Integrity

3.1. As part of the registration process you will need to create an account, including your name, email and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

3.2. If for any reason you suspect that your email & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their email & password or other details.

4. Pricing, Plans and Features

4.1. For current pricing and plans please see the pricing page located on our website.

4.2. We reserve the right to change pricing, plans and the features offered at any time and without notice to you.

5. Payment and Credit Control

5.1. Popoverify uses credits as an internal payment currency.

5.2. Before you can use any service offered by Popoverify you must have sufficient credit balance. It is your responsibility to keep an eye on your credit balance, and recharge it in time. We may inform you on low credit balance.

5.3. All services are billed in advance and typically in monthly period. Once you reach the end of the current period for the service you will automatically be charged for the next period. In case of insufficient credit balance for used services those services will be automatically suspended.

5.4. It is a condition of use that a valid debit or credit card or PayPal account is provided to our payment gateway provider when you purchase credits.

5.5. Once the payment is completed and the money are transferred to our bank account we will add corresponding amount of credits to your Popoverify account. Payment is non-refundable after receiving the credits. In the case of late payment decline after the credits were recieved same amount of credits will be automatically removed from your account.

5.6. You can't withdraw credits from your Popoverify account and convert them to real money unless these credits were earned through our Affiliate Program (see clause 14 for details).

6. Cancellation

6.1. You may cancel used services at any time.

6.2. Cancellation should be done using the facility provided within the Service.

6.3. Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.

6.4. No refunds will be provided for remaining unused period. Service will remain functional until the end of the prepaid period.

7. Technical Support

7.1. Technical support is provided via ticket system within the Service.

7.2. We reserve the right not to provide a full technical support service to account users who did not purchase credit within the last 6 months.

8. Specific Service Rules

8.1. As a user you agree not to do any of the following:

  1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third-party.
  2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
  3. Use or harvest data provided by other users in a way that they would object to.
  4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
  5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
  6. To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.
  7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
  8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by users and us.
  9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
  10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.
  11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
  12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.

8.2. If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50.00 for each and every individual email or other communication sent to a user or third-party.

8.3. The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

9. Content Ownership

9.1. As a user you retain all ownership rights to content provided by you.

9.2. You warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that-party, without seeking any contribution from us.

9.3. We own all the Service content that we have put on Popoverify (unless otherwise stated and excluding content owned by users). This includes (not limited to) the design, compilation, information architecture, look and feel of the Popoverify site, copyright, logos and other intellectual property on Service.

9.4. You will not copy, distribute, modify or make derivative works of any of our Popoverify Content or use any of our intellectual property in any way not expressly authorized by us.

10. Content Sharing

10.1. Content you provide to our Service is private and visible only to you by default.

10.2. You can share your content with us and with other users of the Service.

10.3. By sharing your content you grant us a worldwide, unlimited, non-exclusive, royalty-free, transferable licence and rights to use, reproduce, distribute, prepare derivative works of your shared content within our Service and in any media formats and through any media channels.

10.4. By sharing your content you grant other Popoverify users a worldwide, unlimited, non-exclusive, royalty-free, non-transferable licence and rights to use, reproduce, distribute, prepare derivative works of your shared content in order to use services offered by our Service.

11. Copyrighted Material

11.1. We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.

11.2. Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.

11.3. If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

12. Content Monitoring

Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.

13. Termination

13.1. We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time and are free to remove any content you have created on termination.

13.2. Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 9, 10 and 18.

14. Affiliate Program

14.1. All registered users can act as affiliates by following the steps outlined in these terms.

14.2. Refer new users to our Service and you'll receive a percentage of the credits from each of their credit charges. Your referral program percentage is stated on the account page.

14.3. Every registered user automatically has a referral code which is available on the referrals page.

14.4. Here are a few important points about how our referral program works:

  1. We use cookies to track people who have clicked on your link, so they need to be using cookies for us to track them.
  2. If a person doesn't allow cookies or clears their cookies then we can't track them so can't give earnings on that person's activity.
  3. Your referral cookie can be overwritten by later person's clicks to other referral links. Only the last click and cookie counts.
  4. If a person clicks a link, they have 30 days before the cookie expires. If they sign-up while your referral cookie is active they will be marked as your referrals.
  5. You can see your referrals on the referrals page after logged in.
  6. Above all, use of the Affiliate Program is subject to a fair use policy which gives us the right to review each and every referral.

14.5. You may not refer users by:

  1. Confusing them (or potentially confusing them) about whether your site is operated or endorsed by us (for example, by copying design elements from our site).
  2. Linking from our site or from our profiles on social networks or from any domain controlled by us in order to gain referrals. This includes bouncing links off other domains in order to add a referral.
  3. Any use of Popoverify brands, trademarks and intellectual property, other than banner and logos Popoverify makes available for affiliates.
  4. Purchasing a domain name, search engine keyword or pay-per-click advertisement that use any Popoverify brands, trademarks or variations and mis-spellings.
  5. Sending unsolicited email or other messaging that in any way may constitute spam.
  6. Doing anything that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam.
  7. Doing anything that might be confusing, misleading or deceptive to users.
  8. Doing anything that is directly or indirectly in contravention of these Terms & Conditions, or any direction given to you by us.

14.6. Earnings payment conditions:

  1. It is necessary to reach the minimum threshold of 5,000 credits earned by the Affiliate Program before you can request a payment.
  2. Payment request should be done using the facility provided within the Service and any other means is not valid.
  3. We support only payments to your PayPal account in US dollars.
  4. For the case of the payment 100 credits has a value of US$1.00.
  5. You are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency and you must bear all expenses incurred by us in paying money to you.
  6. It is required to issue a valid invoice for the payment by you.
  7. We will continue to hold your earnings if we're not able to pay your earnings to you for whatever reason.

14.7. If a transaction relating to your Affiliate Program earnings is subject to a refund or chargeback, we can at our discretion, withhold that portion of your Affiliate Program earnings.

14.8. We reserve the right to decide whether or not your use of the Affiliate Program complies with any applicable laws and/or these Terms & Conditions. If we decide that your participation in the Affiliate Program does not comply, we can based on our reasonable discretion withhold your earnings and may terminate your account.

14.9. We reserve the right to change percentages, conditions and the features offered by this Affiliate Program or even terminate the Affiliate program at any time.

15. Availability and Backups

15.1. We take all reasonable steps to ensure that the Service is available and functioning fully at all times but you know how the internet works: occasionally you might not be able to access Service, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion.

15.2. We might also change aspects of how Service works. The Popoverify will not be liable to you for any loss you suffer as a result of these things.

15.3. You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.

16. Disclaimers of Warranties

16.1. The Service is provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose.

16.2. We further disclaim any warranty that:

  1. the Service will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free;
  2. the results that may be obtained from the use of the Service will be effective, accurate, or reliable;
  3. the quality of the Service will meet your expectations;
  4. that any errors or defects in the Service will be corrected.

16.3. We specifically disclaim any liability for any actions resulting from your use of the Service. You may use and access the Service at your own discretion and risk, and you are solely responsible for any damage to your website or any computer program or system or loss of data that results from the use and access of the Service.

16.4. We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.

16.5. We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.

17. Limitation of Liability

17.1. We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.

17.2. Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

17.3. In any event our liability and that of our employees, officers and third-party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £100.00, whichever is the greater sum.

18. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.

19. Privacy

Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

20. Severability

The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

21. Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

22. Entire Terms & Conditions

These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.

23. The Consumer Rights Act 2015

These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply where you use the Service strictly as a consumer only.

24. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.

Last updated 10 Mar 2017.

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