Terms of Service

TERMS AND CONDITIONS

Welcome to Poppin!

Poppin is owned and operated by Options Alerts LLC.

These are the terms and conditions for:

Poppin mobile application (Available on Google Play and App Store).
https://wtfspoppin.com

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words “platform” refers to the Poppin mobile application and the Poppin website together, “we”, “us”, “our” and “Poppin” refers to Poppin and “you” and “user” refers to you, the Poppin user.

The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Poppin accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM.

1. ACCEPTANCE OF TERMS

By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modification of these terms and conditions when you use Poppin after the posting of such modification; therefore, it is important that you review this agreement regularly.

Use of the platform is not intended for children under the age of 13. In the case of children under the age of 18 and over the age of 13, it is the responsibility of the parent or legal guardian to determine whether use of the platform is appropriate for their child or ward.

By downloading and using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS

By providing your email address to Poppin, you agree that we may use your email address to send you notifications and other messages, such as changes to platform functionality, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the “unsubscribe” option in the emails. Unsubscribing may prevent you from receiving notifications and emails about updates, news or special content related to Poppin.

3. ACCOUNT

When registering on the platform, the user must choose a password and provide the information requested in the registration form. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Poppin of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without Poppin’s prior authorization. Poppin will not be liable for any loss or damage arising from your breach of this agreement.

Users can cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data transferred to Poppin.

Poppin reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Poppin believes that you have breached any of these terms, provided Poppin with false or misleading information, or interfered with another’s use of the platform or the service.

Users may share information through their profile with other users. Any information that users provide and share through the platform is the sole responsibility of the users themselves. Users are free to provide and share information, but are responsible for the use of such information, its publication and disclosure. Poppin is not responsible for the information provided and shared by users through the platform.

4. USER PROFILE

When registering with Poppin, the user will have the option to create a personal profile. The information provided by the user must be true, accurate, current and complete. Each user is responsible for keeping the profile information up to date.

The user can personalize his/her user profile with photographs, descriptions, links and other content. Poppin is not responsible for the opinions, comments, images or other content posted by the user in his/her profile, but reserves the right to remove any content that it considers inappropriate, offensive or that violates our terms and conditions or any applicable law.

You may set your privacy preferences in your user profile to determine who may view your content. However, it is the user’s responsibility to ensure their own privacy and to be aware that certain content, such as public postings, may be accessible by any network user or Internet search engine.

The user undertakes to use the user profile in a responsible manner and not to disseminate information that is false, defamatory, offensive or violates the rights of third parties. Any inappropriate use may result in the deletion of the profile and/or the suspension or termination of the user’s Poppin account.

If the user posts content to the profile for which the user owns copyright, the user remains the owner of those rights, but grants Poppin a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, distribute, translate and disseminate such content within the platform and in any other associated media.

Poppin reserves the right to remove, suspend or terminate any user profile in case of non-compliance with these clauses or the general terms and conditions of the platform.

5. USER CONTENT

Some features of the platform may allow users to provide and share content through the platform and with other users. You retain copyright or any rights you may have in the content you provide through the platform. Poppin is not responsible for the accuracy, safety or legality of content posted on the platform by users. Users are solely and exclusively responsible for their content and the consequences of its publication. By providing content and information through the platform, the user grants Poppin a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce and modify the user’s content for the sole purpose of displaying it through the platform and to the general public.

Poppin is not responsible for the content of the user. The user is solely responsible for the content and the consequences of providing content through the platform. By providing content through the platform, you affirm, represent and warrant that:

You are the creator and owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize Poppin to publish and display your content through the platform.
Your content does not infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right.
Your content does not defame, libel or invade the privacy, publicity or other proprietary rights of any other person.
Your content does not cause Poppin to violate any law or regulation.
Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.

In addition to the above representations and warranties, the creator is prohibited from providing and posting the following types of content:

Content depicting, promoting, facilitating or soliciting (real, simulated or implied) sexual activities with minors, incest, zoophilia, violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic or hard bondage abuse, weapons (unless obviously fake), asphyxiation, extreme fisting, genital mutilation, necrophilia.
Content related to blood, scatology, vomit or excrement.
Any content that includes any individual who has not consented to such content (a) being taken, captured or memorialized in any way, or (b) being posted, uploaded or shared on Poppin.
Content that depicts or promotes illegal or illicit drugs.
Content that depicts or promotes suicide or self-harm.
Any content that depicts illegal behavior or that may be considered obscene under applicable law.
Any content that depicts any person under the age of eighteen (18).
Any content posted with the intent to extort money or other benefit from a third party in exchange for removal of the content.
Any content that violates anti-discrimination laws.
Content posted with the intent to collect phone numbers, addresses, last names, email addresses, URLs, geographic location or any other personal information of users or third parties without their consent.

Any violation of these terms and conditions or the publication of prohibited content on the platform may result in the removal of the content on the platform and the suspension of the user’s account.

6. CONTENT MONITORING

Poppin may, at any time and without notice, screen, remove, edit or block any User Content that, in our sole judgment, violates these terms and conditions or is otherwise objectionable, including the deletion of any user account that violates these terms and conditions. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. User acknowledges and agrees that Poppin reserves the right to monitor all information transmitted or received through the platform, and may do so from time to time, for operational and other purposes.

7. CHAT AND MESSAGING

The platform contains chat areas or messaging services to enable communication between users. The user may only use the chat or messaging service to send and receive messages that are relevant and specific to the purposes of the platform. The user may NOT use the chat or messaging service available on the platform to perform any of the following actions:

Send messages that are defamatory, violent, profane, harassing, obscene, threatening or messages that otherwise violate the legal rights of users or third parties, including Poppin staff.
Send messages of a sexual or pornographic nature.
Send messages that promote illegal activities.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Impersonate another person or user or allow any other person or entity to use your account to send messages or otherwise use your account.
Repeatedly send the same message. Spamming is strictly prohibited.
Imply or assert that any statement you make is endorsed by Poppin, without Poppin’s prior written consent.
Post offensive and/or harmful messages, including, but not limited to, content that advocates, supports, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Use the platform to collect personal data from users.

Any breach or violation of the provisions contained in these terms may result in the suspension of the offending user’s account, with or without notice and without the right to compensation.

8. LIIMITATION OF LIABILITY

This platform allows users to send messages, make posts and share files and content with each other. While we strive to maintain a safe and respectful environment, we assume no responsibility for the actions of users within our platform, including but not limited to the nature, truthfulness and legality of messages, posts, files and content shared. Users are solely responsible for their actions and any content they share on the platform. Poppin shall not be liable for any damages or losses arising from the use of the platform, including, but not limited to, indirect, incidental, consequential, special or exemplary damages. This limitation of liability applies to the maximum extent permitted by law and does not affect legal rights that cannot be excluded or limited by agreements between users and Poppin.

Poppin shall not be liable for damages caused to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall upon a natural person, as a consequence of the communications established on the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.

In the event that one or more users or any third party initiates any claim or legal action against Poppin, other users or any third party, each and every user involved in such claim or action releases Poppin from any liability.

9. LICENSE TO USE THE PLATFORM

Poppin grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Poppin platform and downloadable through the App Store and Google Play Services free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms.

The user agrees not to use the platform negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Poppin platform or third parties.

This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (5) distribute intellectual property without ownership or a license to distribute such property (6) Breach, in any way, the terms of service, privacy policy or rules of this web site or the recipients.

Poppin reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Poppin believes that you have violated any of these terms or interfered with the use of the platform or service by others.

10. COPYRIGHT

All materials on Poppin, including but not limited to names, logos, trademarks, games, images, text, columns, music, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Poppin or our users who have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Poppin are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Poppin prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Poppin or any part of the material for any purpose other than its intended purposes is strictly prohibited.

11. COPYRIGHT INFRINGEMENT

Poppin will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Poppin respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:

Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

A statement that specifically identifies the location of the infringing material, in sufficient detail so that Poppin can find it on the platform.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

12. PROHIBITED ACTIVITIES

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Poppin or licensed to the Poppin by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information or content obtained from or through the platform. In addition, the following activities are prohibited:

Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to the platform.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of the platform for any purpose without our express written permission.
“Frame”, “mirror” or otherwise incorporate any part of the platform into any other websites or Service without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Poppin.
Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.

13. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Poppin provides and maintains the platform on an “as is”, “as available” basis and does not promise that use of the platform will be uninterrupted or error-free. We will not be liable to you if we are unable to provide the platform and the functionality included on the platform for any reason beyond our control.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Poppin for any loss or damage caused as a result.

Poppin shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Poppin excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Poppin and Poppin shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

Any incorrect or inaccurate information on the platform.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Poppin.
All representations, warranties, conditions and other terms which but for this notice would have effect.

14. ELECTRONIC COMMUNICATIONS

Poppin will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the platform, its officers, employees, affiliates and suppliers against any claims, losses, damages, costs and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.

16. CHANGES

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

17. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Poppin, shall constitute the entire agreement between you and Poppin concerning and governs your use of the platform.

18. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

19. FORCE MAJEURE

Poppin shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

20. TERMINATION

Both the user and Poppin acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Poppin reserves the right to unilaterally terminate the user’s access to and use of the platform. Poppin may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Poppin shall not be liable for any loss of data or information associated with the user’s account.

In case of non-compliance by Poppin: If Poppin fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Poppin in writing of the breach and allow a reasonable time for Poppin to remedy the situation. If Poppin does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

21. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and MYNE HUB, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.

The courts of the United States, specifically the courts located in the State of California, shall have jurisdiction over any dispute, controversy or claim relating to Poppin and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of California.

22. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United States. Use of the Poppin platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.

Any rights not expressly granted herein are reserved.

23. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:

Options Alerts LLC – Poppin.