Last Updated: September 20, 2023
Welcome to Poppin!
Your use of the Poppin application ("Application" or "Service"), and all associated services provided by Poppin ("we", "us", "our") is governed by the following Terms of Service ("Terms"). Accessing or utilizing our Service signifies your consent to these Terms; should you disagree with any part of these Terms or are unwilling or unable to be bound by the Terms, refrain from using the Service.
1. Service Usage
1.1 Age Requirement:
Users must be 21 years of age or older. By utilizing the Service, you confirm that you possess the legal right, authority, and capacity to consent to these Terms.
1.2 Account Creation:
Creating an account is obligatory to access certain functionalities of the Service. Every piece of information provided must be accurate, current, and promptly updated when necessary. To use specific features provided through the Service, you are required to create an Account and submit certain personal information.
Impersonating another individual, providing an email address that is not your own, establishing multiple Accounts, or transferring your Account to another individual without prior approval from our Poppin is strictly prohibited.
1.3 Confidentiality and Responsibility:
It is your responsibility to ensure the confidentiality of your Account password and manage all activities associated with your Account. You are liable for all activities occurring under your account. Any unauthorized use of your Account should be reported to us immediately. We retain the right to terminate your Account for any or no reason at our discretion.
2. Content
2.1 User Responsibilities:
Users possess the ability to share images and engage in voting on club statuses within the Poppin, bearing full responsibility for any submissions made. Once shared on the Poppin, the retraction of such contributed materials is often not viable. Users shoulder all risks linked to their contributed materials, including dependencies on their reliability, accuracy, and quality, alongside the risks involving the disclosure of personal information. Users must affirm ownership or secure necessary permissions for the use and authorization of their contributed materials as stipulated herein, with no insinuations that such materials are endorsed or sponsored by Poppin. Any submissions that are deliberately misleading, false, or defamatory; infringe upon third-party rights, including intellectual and proprietary rights; contain illegal content such as hate speech or pornography; exploit minors; or encourage legal transgressions, subject users to potential liability and breach these Terms. Compliance with provided guidelines is mandatory, ensuring the integrity and lawful usage of the Poppin while engaging in the sharing and voting processes related to club statuses.
2.2 Content License:
Upon submitting content, you are granting us a non-exclusive, royalty-free, global license to adapt, disseminate, replicate, promote, distribute, assign, sublicense, transfer, and showcase such content in connection to the Service. We reserve the right to utilize your content submissions in various manners, including public displays, reformatting, incorporation into ads and derivative works, promotion, distribution, and allowing similar usage by others on different media Poppins. Consequently, you irrevocably provide us with perpetual, transferable, global rights to employ your content submissions for any purpose, granting irrevocable access rights to other Service and Media users. Any claims of moral rights or attribution to your content submissions are hereby irrevocably waived against Poppin and its users. You may retain ownership of your content, but once you submit; however, we possess proprietary rights to Poppin content and other elements, safeguarded by applicable intellectual and proprietary rights and laws. Unauthorized selling, licensing, copying, modification, public display, or any form of exploitation of Poppin content is prohibited, with all implicit and explicit rights pertaining to the Service and Poppin content retained by us, unless stated otherwise herein.
2.3 Monitoring Rights:
We retain the right, without obligation, to monitor, modify, or remove content we deem inappropriate or that violates these Terms, at any time, for any or no reason, and without notice or liability.
3. Prohibited Activities
3.1 Illicit Usage:
Any illegal or unauthorized use of the Service, including, but not limited to posting false or inaccurate information, spamming, or violating intellectual property rights, is prohibited.
3.2 Harassment and Appropriate Conduct:
Any form of harassment, bullying, or posting of inappropriate content is strictly prohibited, with violators facing potential account suspension or termination. It is imperative to maintain a respectful and harmonious interaction within the Poppin to foster a positive environment for all users.
3.3. Violation of Content Integrity and Intellectual Property:
Users must avoid posting deceptive or slanderous reviews, violating any third-party rights, including but not limited to copyrights, trademarks, and patents, and they must not exploit Poppin for unauthorized commercial ventures or engage in activities that would manipulate the Service’s search results or other functionalities.
3.4. Non-Compliance with Laws and Poppin Guidelines:
Users must adhere strictly to applicable laws and must not solicit personal information from minors or indulge in any actions that are against the law. They should refrain from altering, exploiting, or using any part of the Service or its content unlawfully.
3.5. Unauthorized access to the Service:
Users are prohibited from overloading the Poppin’s infrastructure, attempting unauthorized access to the Service, and transmitting any form of malicious software. The security and smooth operation of the Service must be respected, and any actions that compromise the security or interfere with the proper working of the Service are strictly forbidden. The removal, circumvention, or interference with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service, are strictly prohibited. The integrity and functionality of Poppin’s features and content should be maintained by all users.
4. Voting Integrity
4.1 Responsible vote:
It is crucial that votes cast within the Poppin truthfully reflect the prevailing conditions and statuses of the clubs represented. Voting is a significant feature, allowing users to express their opinions and experiences and potentially influencing the perceptions and decisions of the broader user community. Therefore, every user has a responsibility to approach voting with honesty and integrity.
Users should approach voting with a sense of responsibility, considering the potential impacts of their votes on clubs and other users. They should strive to ensure that their votes are informed, impartial, and objective, contributing to the accuracy and trustworthiness of the club statuses represented on the Poppin.
4.2 Fair Representation:
Engaging in voting should be seen as a commitment to upholding the values and standards of the Poppin community, and any attempts to undermine the voting process's fairness and integrity will be addressed with appropriate measures, ensuring that the Poppin remains a credible and equitable space for all its users.
5. Disclaimers and Liability Limitations
5.1 Warranty Disclaimer:
The Service is provided "as is," and “with all faults” with no express or implied warranties of any kind, and use is at your own discretion and risk.
5.2 Limitation of Liability:
We shall not be held liable for any consequential, incidental, special, indirect, or punitive damages, loss of profits, revenues, data, goodwill, or other intangible losses resulting from the use of or inability to use the Service.
5.3 No Assurances:
We do not assure the quality, accuracy, reliability, safety, or security of the Service, including the security of your data, and are not responsible for any arising issues related to service inoperability, device impairments, or service unavailability.
5.4. Third-Party Interactions:
We make no claims or promises with respect to third parties, such as businesses or advertisers regarding the Service, and we are not liable for any loss or damage that might arise from their actions or omissions or your interactions with them.
5.5. User Remedies:
Your sole remedy for dissatisfaction with the Service is to terminate and discontinue your access to or use of the Service.
5.6. Strict Adherence:
The waivers and limitations will survive and apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and our liability shall be limited to the maximum extent permitted by law.
6. Indemnification
You consent to indemnify, protect, and hold Poppin, along with its parent companies, subsidiaries, affiliates, related entities, suppliers, licensors, partners, officers, directors, employees, agents, contractors, and representatives of each unscathed from any and all claims, actions, demands, damages, losses, costs, liabilities, and expenses (including, but not limited to, legal fees and court costs) initiated by any third party due to or arising out of: (i) your usage or access to the Service, including your content submission, (ii) your breach of these Terms, (iii) your failure to adhere to the representations and warranties under these Terms, (iv) any goods services you acquire or receive linked to the Service, (v) your goods or services, or their marketing or supply to end users, or (vi) the violation by you, or any third party utilizing your Account, of any intellectual property or other rights of any individual or entity.
7. Termination Rights
7.1 Discretionary Suspension or Termination:
We reserve unconditional rights to suspend or terminate your account and access to the Service at any time, for any reason, and without notice. This ensures that Poppin can maintain a safe, compliant, and respectful environment, mitigating any disruptive or harmful behavior immediately.
7.2 User Termination:
You have the right to terminate the Terms by closing your Account and ceasing all access to or use of the Service, and by providing a notice of termination to Poppin.
8. Modifications to Terms
8.1 Term Updates:
We may periodically revise, modify, and update these Terms. The latest version will be available on our Service. Continual use of the Service following modifications signifies your agreement to the updated Terms.
9. General Terms
9.1 Assignment
The Terms, and any rights or obligations hereunder, cannot be assigned by any User without prior consent from Poppin. Any assignment without such consent will be null and void. Poppin can assign or transfer the Terms freely.
9.2 Invalid Term
If any term is deemed void or unenforceable, the remaining terms and the rest of the invalid term remain in effect, subject to applicable law.
9.3 Applicable Law and Venue
The laws of the State of Florida shall govern these Terms, to the extent not preempted or inconsistent with federal law. You consent to the personal jurisdiction of Miami-Dade County, Florida as the exclusive venue for legal proceedings related to these Terms.
9.4 Arbitration
Unresolved disputes shall undergo arbitration by a single arbitrator appointed by the American Arbitration Association located in Miami-Dade County, Florida.
9.5 Relationship of Parties
These Terms do not create any partnership, employment, or agency relationship between you and Poppin, nor do they confer rights or remedies upon any third party.
9.6 Entire Agreement
The terms contain the entire agreement between you and Poppin regarding the use of the Service and supersede any prior agreement between us. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
9.7 Waiver
No failure or delay by Poppin in exercising any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
9.8. Contact Information
For any inquiries or clarifications regarding these Terms, please contact us at poppinmiami@gmail.com
By engaging with our Service, you acknowledge understanding and agreeing to comply with these Terms, securing a harmonious and legally bound user experience.