For good and valid consideration, the parties hereby agree as follows:
1. Your Use, Representations, and Warranties
You agree and acknowledge that Your use of the Site and any other PopJoust services is for entertainment purposes only. In order to use the Site and all PopJoust services, You represent and warrant the following:
- You are thirteen (13) years of age or older;
- Your use of the Site shall at all times be legal and for lawful purposes, and shall not violate the copyrights, trademarks, patent rights or other proprietary rights of any other party; nor shall You violate the laws of any relevant jurisdiction or post or disseminate material that would, in PopJoust's reasonable opinion, cause any harm to PopJoust's reputation;
- You shall not use the Site to post or disseminate sensitive content, including but not limited to trade secrets and any other confidential information, requiring encryption or heightened security;
- You shall not use the Site to post or disseminate defamatory, threatening or obscene matter or violate any person’s privacy or publicity rights;
- That any access or "linking" to other networks inserted by You on the Site must comply with the rules appropriate for that network;
- You hereby acknowledge that the use of any third party information, programs or data obtained from or through PopJoust’s system is entirely at Your own risk;
- You shall not use the Site to harm minors in any way;
- You shall not use the Site to impersonate any person or entity;
- You shall not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- You shall not use the Site to engage in "spamming" or any unethical marketing, advertising, or any other practice connected in any way to "spam" including, sending content or emails which do not comply with the CAN-SPAM Act of 2003;
- You shall not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
2. Optional Registration, User Account, Password, Security
As part of Your use of the Site, You may register with PopJoust and create a User Account. Registration is optional. Should You choose to register with PopJoust, however, You must comply with PopJoust's registration process and:
- You must provide PopJoust with current, complete, and accurate information as prompted by the applicable registration form;
- You must be thirteen (13) years of age or older;
- You must choose a unique user name and password for Your User account. You agree that it is Your responsibility to inform and update PopJoust of any subsequent changes to the information provided during registration. PopJoust provides a way to correct, update or delete/deactivate Your personally identifiable information. This can be done by emailing Customer Support at . Under the Data Protection Act, individuals registering for news and information from PopJoust have the right to make a subject access request for their personal data processed by PopJoust for those purposes.;
- Each registration is for a single person only;
- You are entirely responsible for maintaining the confidentiality of Your password and account, and for all of the activities that occur under Your account;
- You agree to notify PopJoust immediately of any unauthorized use of Your account or of any other breach of security;
- PopJoust shall not be liable for any loss that You may incur as a result of someone else using Your password or Your account either with or without Your knowledge. However, should PopJoust suffer any loss as a result of someone else using Your password or Your account, PopJoust reserves the right to hold You liable for any such losses. Furthermore, you agree to indemnify and hold harmless PopJoust, its agents, employees, and officers, from any action brought against it by a third party as a result of someone else using Your password or Your account.
2.1. Privacy and Personal Information
- PopJoust shall make every effort to preserve the privacy of Your information. PopJoust shall not sell, rent, or lease its customer lists to third parties. PopJoust does use an outside contractor to manage its database. This contractor shall not retain, share, store, or use personally identifiable information for any secondary purpose.
- PopJoust shall disclose personal information provided by You when required by law wherein PopJoust has a good-faith belief that such action is necessary to comply with a judicial proceeding, court order, or other legal process served on PopJoust.
- In conducting its operations and running the Site, PopJoust partners with third-party service providers. When You sign up for the services offered by these third parties via the Site or any other PopJoust service, You agree and acknowledge that PopJoust may disclose Your personal information to these third parties so that they may provide You with the requested service. You shall be notified when Your personal information is collected by third parties, so that You may make an informed decision about Your continued use of those third party services.
- The Site contains links to other sites. Neither PopJoust, nor the Site's host, Slabmedia, LLC, are responsible for the privacy practices of such other sites. You bear the sole responsibility for the privacy of Your information when using any such site, and are encouraged to read the privacy statements of each and every Site that collects personally identifiable information.
- Users may register for PopJoust through their personal Facebook accounts. If You choose to register a PopJoust account by using Your Facebook account, then You understand and acknowledge that the name on Your Facebook account shall appear publicly on PopJoust instead of a unique username. You also agree to, as a condition of registration through Your Facebook account, grant permission to PopJoust to post items to Your Facebook wall with Your approval.
3. PopJoust’s Representation and Warranties
- PopJoust makes no representation or warranties that the Site shall be free of errors, viruses, bugs, or other harmful components, or that defects to its Site shall be corrected. PopJoust may at any time and at its discretion make improvements or changes to the Site or services, or perform maintenance to its Site and services.
4. Joust Creation
- In creating and sharing Jousts or making comments on the Site, You agree and acknowledge that the content of the Jousts and comments that You create shall not contain any of the following:
- trade secrets and any other confidential information, requiring encryption or heightened security;
- defamatory, threatening or obscene matter;
- content that un any way violates any person’s privacy or publicity rights
- any other content that PopJoust, at its sole discretion, considers to be objectionable for any reason.
- As owner and moderator of the Site, PopJoust reserves the right to edit, alter, or remove any Joust or comment created by You that appears on the Site at any time and for any reason.
- As owner and moderator of the Site, PopJoust reserves the right to terminate Your ability to create Jousts or make comments at any time and for any reason.
5. PopJoust’s Proprietary Rights
PopJoust owns and will continue to own all proprietary rights in all code and content of the Site, including but not limited to the “PopJoust” name, logo and trademark, and any CGI, HTML Code, PHP, java script, MySQL, graphics or data provided by it, as well as its attendant intellectual property rights. For the avoidance of doubt, You shall have no ownership rights in any content of the Site, including but not limited to any Jousts created by You for dissemination on the Site. PopJoust shall retain all proprietary rights in Jousts.
6. PopJoust’s Remedies
- To any degree that PopJoust is required to conform with the Digital Millennium Copyright Act and other current and future laws regulating Internet content, PopJoust may take any necessary measures to comply with such laws, including the removal of content from the Site without notice;
7. Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. PopJoust is not responsible and assumes no liability for any infringement, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity contained in any form in any of the third party content appearing on the Site. PopJoust is not responsible for any content placed on, or at any time incorporated into its Site by You or other persons outside of its control. Additionally, PopJoust hereby specifically reserves the right to withdraw service at any time if for any reason it deems Your use of the Site to be disruptive, offensive, damaging or harmful to PopJoust’s reputation or business.
PopJoust's Site may contain advertising or sponsorship. Any advertising material shall be the sole responsibility of the advertising or sponsoring party. You understand and acknowledge that PopJousts shall bear no responsibility for the content of any advertising or sponsorship, and that PopJoust makes no representation or warranty as to the content, validity, or legality of any such future advertising or sponsorship.
- You hereby agree to indemnify and hold PopJoust harmless against any claim of infringement of intellectual property rights brought by a third party as a result of Your use of the Site or services.
AGREED AND ACCEPTED: