Terms of Service
1. Your Acceptance
By using and/or visiting
this website (collectively, including all content and functionality available through
the Popproperty.net domain name, the "PopProperty Website", or "Website"), you signify
your agreement to (1) these terms and conditions (the "Terms of Service"), (2)PopProperty's
privacy notice, found at
and incorporated here by reference. If you do not agree to any of these terms, the Popproperty privacy notice, please do not use the Popproperty Website.
Although we may attempt
to notify you when major changes are made to these Terms of Service, you should
periodically review the most up-to-date version
). Popproperty may, in its sole discretion, modify or revise these
Terms of Service and policies at any time, and you agree to be bound by such modifications
or revisions. Nothing in this Agreement shall be deemed to confer any third-party
rights or benefits.
2. Popproperty Website
These Terms of Service
apply to all users of the Popproperty Website, including users who are also contributors
of data content, information, and other materials or services on the Website. The
Popproperty Website includes all aspects of Popproperty, including but not limited
to all products, software and services offered via the website such as the Popproperty
service agent, the Popproperty "Embeddable Data analyzer ," the Popproperty "Uploader"
and other applications.
The Popproperty Website
may contain links to third party websites that are not owned or controlled by Popproperty.
Popproperty has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. In addition, Popproperty
will not and cannot censor or edit the content of any third-party site. By using
the Website, you expressly relieve Popproperty from any and all liability arising
from your use of any third-party website.
Accordingly, we encourage you to be aware
when you leave the Popproperty Website and to read the terms and conditions and
3. Popproperty Accounts
In order to access some
features of the Website, you will have to create a Popproperty account. You may
never use another's account without permission. When creating your account, you
must provide accurate and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your account password secure.
You must notify Popproperty immediately of any breach of security or unauthorized
use of your account.
will not be liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses of Popproperty or others due to such unauthorized
4. General Use of the Website—Permissions and Restrictions
Popproperty hereby grants you permission to access and use the Website as set forth
in these Terms of Service, provided that:
You agree not to distribute
in any data or medium any part of the Website, including but not limited to User
Submissions (defined below), without Popproperty's prior written authorization.
You agree not to alter
or modify any part of the Website, including but not limited to Popproperty's Embeddable
Data analyzer or any of its related technologies.
You agree not to access User Submissions
(defined below) or Popproperty Content through any technology or means other than
the data playback pages of the Website itself, the Popproperty Embeddable Data analyzer
, or other explicitly authorized means Popproperty may designate.
You agree not to use the Website, including
the Popproperty Embeddable Data analyzer for any commercial use, without the prior
written authorization of Popproperty. Prohibited commercial uses include any of
the following actions taken without Popproperty's express approval:
sale of access to the Website or its
related services (such as the Embeddable Data analyzer ) on another website;
use of the Website or its related services
(such as the Embeddable Data analyzer ), for the primary purpose of gaining advertising
or subscription revenue;
the sale of advertising, on the Popproperty
website or any third-party website, targeted to the content of specific User Submissions
or Popproperty content;
and any use of the Website or its related
services (such as the Embeddable Data analyzer ) that Popproperty finds, in its
sole discretion, to use Popproperty's resources or User Submissions with the effect
of competing with or displacing the market for Popproperty, Popproperty content,
or its User Submissions. (For more information about prohibited commercial uses,
see our FAQ.)
uses do not include:
uploading an original data to Popproperty,
or maintaining an original data on Popproperty, to promote your R&D work;
using the Embeddable Data analyzer to
show Popproperty datas on an ad-enabled blog or website, provided the primary purpose
of using the Embeddable Data analyzer is not to gain advertising revenue or compete
any use that Popproperty expressly authorizes
(For more information about what constitutes a prohibited commercial use, see our
If you use the Popproperty
Embeddable Data analyzer on your website, you must include a prominent link back
to the Popproperty website on the pages containing the Embeddable Data analyzer
and you may not modify, build upon, or block any portion of the Embeddable Data
analyzer in any way.
If you use the Popproperty Data analyzer,
you agree that it may automatically download and install updates from time to time
from Popproperty. These updates are designed to improve, enhance and further develop
the Data analyzer and may take the form of bug fixes, enhanced functions, new software
modules and completely new versions. You agree to receive such updates (and permit
Popproperty to deliver these to you) as part of your use of the Data analyzer.
You agree not to use or launch any automated
system, including without limitation, "robots," "spiders," or "offline readers,"
that accesses the Website in a manner that sends more request messages to the Popproperty
servers in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the foregoing,
Popproperty grants the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but
not caches or archives of such materials. Popproperty reserves the right to revoke
these exceptions either generally or in specific cases. You agree not to collect
or harvest any personally identifiable information, including account names, from
the Website, nor to use the communication systems provided by the Website (e.g.
comments, email) for any commercial solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Website with respect to their User Submissions.
In your use of the website,
you will otherwise comply with the terms and conditions of these Terms of Service,
Popproperty User Guidelines, and all applicable local, national, and international
laws and regulations.
the right to discontinue any aspect of the Popproperty Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions
apply specifically to your use of content on the Popproperty Website.
The content on the Popproperty
Website, except all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sound, music, data, interactive features
and the like ("Content") and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to Popproperty, subject to copyright and other
intellectual property rights under the law. Content on the Website is provided to
you AS IS for your information and personal use only and may not be downloaded,
copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purposes whatsoever without the prior written
consent of the respective owners. Popproperty reserves all rights not expressly
granted in and to the Website and the Content.
You may access User Submissions
for your information and personal use solely as intended through the provided functionality
of the Popproperty Website. You shall not copy or download any User Submission unless
you see a “download” or similar link displayed by Popproperty on the Popproperty
Website for that User Submission.
User Comments are made available to you
for your information and personal use solely as intended through the normal functionality
of the Popproperty Website. User Comments are made available "as is", and may not
be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, downloaded, or otherwise exploited in any manner not intended by the normal
functionality of the Popproperty Website or otherwise as prohibited under this Agreement.
You may access Popproperty Content, User
Submissions and other content only as permitted under this Agreement. Popproperty
reserves all rights not expressly granted in and to the Popproperty Content and
the Popproperty Website.
You agree to not engage
in the use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User Submissions
of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent,
disable or otherwise interfere with security-related features of the Popproperty
Website or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Popproperty Website or the Content therein.
You understand that when using the Popproperty
Website, you will be exposed to User Submissions from a variety of sources, and
that Popproperty is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further understand
and acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have against Popproperty
with respect thereto, and agree to indemnify and hold Popproperty, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding
all matters related to your use of the site.
6. Your User Submissions and Conduct
As a Popproperty account
holder you may submit data content ("User Data") and textual content ("User Comments").
User Datas and User Comments are collectively referred to as "User Submissions."
You understand that whether or not such User Submissions are published, Popproperty
does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible
for your own User Submissions and the consequences of posting or publishing them.
In connection with User Submissions, you affirm, represent, and/or warrant that:
you own or have the necessary licenses, rights, consents, and permissions to use
and authorize Popproperty to use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by the Website and these
Terms of Service.
For clarity, you retain all of your ownership
rights in your User Submissions. However, by submitting User Submissions to Popproperty,
you hereby grant Popproperty a worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the Popproperty
Website and Popproperty's (and its successors' and affiliates') business, including
without limitation for promoting and redistributing part or all of the Popproperty
Website (and derivative works thereof) in any formats. You also hereby grant each
user of the Popproperty Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, display and perform such
User Submissions as permitted through the functionality of the Website and under
these Terms of Service. The above licenses granted by you in User Data terminate
within a commercially reasonable time after you remove or delete your User Data
from the Popproperty Website. You understand and agree, however, that Popproperty
may retain, but not display, distribute, or perform, server copies of User Submissions
that have been removed or deleted. The above licenses granted by you in User Comments
are perpetual and irrevocable.
In connection with User Submissions,
you further agree that you will not submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant Popproperty all of the
license rights granted herein.
You further agree that
you will not, in connection with User Submissions, submit material that is contrary
to the Popproperty Community Guidelines, found at
which may be updated from time to time, or contrary to applicable local, national,
and international laws and regulations.
Popproperty does not
endorse any User Submission or any opinion, recommendation, or advice expressed
therein, and Popproperty expressly disclaims any and all liability in connection
with User Submissions. Popproperty does not permit copyright infringing activities
and infringement of intellectual property rights on its Website, and Popproperty
will remove all Content and User Submissions if properly notified that such Content
or User Submission infringes on another's intellectual property rights. Popproperty
reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
Popproperty will terminate
a User's access to its Website if, under appropriate circumstances, they are determined
to be a repeat infringer.
the right to decide whether Content or a User Submission is appropriate and complies
with these Terms of Service for violations other than copyright infringement, such
as, but not limited to, pornography, obscene or defamatory material, or excessive
length. Popproperty may remove such User Submissions and/or terminate a User's access
for uploading such material in violation of these Terms of Service at any time,
without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such works at
Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled and information reasonably sufficient
to permit the service provider to locate the material;
Information reasonably sufficient to
permit the service provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
A statement that you have a good faith
belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
A statement that the information in the
notification is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE POPPROPERTY WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, POPPROPERTY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. POPPROPERTY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE POPPROPERTY WEBSITE. POPPROPERTY DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE POPPROPERTY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND POPPROPERTY WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL POPPROPERTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE POPPROPERTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT POPPROPERTY SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Popproperty from its facilities in the
United States of America
. Popproperty makes no representations that the Popproperty Website is appropriate
or available for use in other locations. Those who access or use the Popproperty
Website from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
You agree to defend, indemnify and hold harmless Popproperty, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the Popproperty Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the Popproperty Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Popproperty without restriction.
You agree that: (i) the Popproperty Website shall be deemed solely based in
; and (ii) the Popproperty Website shall be deemed a passive website that does not
give rise to personal jurisdiction over Popproperty, either specific or general,
in jurisdictions other than
. These Terms of Service shall be governed by the internal substantive laws of the
, without respect to its conflict of laws principles. Any claim or dispute between
you and Popproperty that arises in whole or in part from your use of the Popproperty
Website shall be decided exclusively by a court of competent jurisdiction located
Santa Clara County, California
. These Terms of Service, together with any other legal notices published by Popproperty
on the Website, shall constitute the entire agreement between you and Popproperty
concerning the Popproperty Website. If any provision of these Terms of Service is
deemed invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of Service,
which shall remain in full force and effect. No waiver of any term of this these
Terms of Service shall be deemed a further or continuing waiver of such term or
any other term, and Popproperty's failure to assert any right or provision under
these Terms of Service shall not constitute a waiver of such right or provision.
Popproperty reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any changes.
Your use of the Popproperty Website following any amendment of these Terms of Service
will signify your assent to and acceptance of its revised terms. YOU AND POPPROPERTY
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE POPPROPERTY WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.