Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.
Parental Permission
This Site is not intended to be a children’s site; therefore, some of the available information may concern certain topics that may not be appropriate for children. We may, at Our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and We may limit access to certain content to users above a specified age. You agree to abide by any such restrictions and not to help anyone avoid these restrictions. We do not knowingly solicit or obtain information from children under the age of 18.
Disclaimer Of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT, MATERIALS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE AND CONTENT AND MATERIALS THEREON, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION, INCLUDING,
WITHOUT LIMITATION, AS A RESULT OF THE FOLLOWING: (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN ITS CONTENT; (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE; OR (3) ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE OR CONTRIBUTED CONTENT. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS OR THE RESULTS ACHIEVED BY SUCH USE. As a visitor to and user of the Site, you must assume full responsibility for any costs associated with servicing of software and equipment used in connection with use of the Site.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The use of the Site, the Services, the Content and the Materials is at your own risk. The information contained herein is intended, but not promised or guaranteed to be, correct, complete, and up-to-date. Without limiting the foregoing, We, Our licensors and suppliers make no representations or warranties concerning either the accuracy, reliability, completeness and timeliness of the Content, Services, Materials, or information on the Site, or any software, text, graphics, links, or communications provided on or through the use of the Site, the satisfaction of any government regulations, or the approval or compliance of any software tools with regard to the Content, Services and Materials contained on the Site.
Exclusion of and Limitation Of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO ANY PARTY FOR: (i) ANY DIRECT OR INDIRECT LOSS OR DAMAGE, ANY COMPENSATORY, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY OR UNAVAILABILITY OF, USE OF, RELIANCE ON, OR INABILITY TO USE THE SITE, MATERIALS OR SERVICES, EVEN IF WE OR OUR AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE, MATERIALS OR SERVICES; OR (iii) ANY LOSS OF DATA OR FROM ANY EQUIPMENT FAILURE; OR (iv) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, CONTENT OR MATERIALS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST US FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SITE. AS A VISITOR
TO AND A USER OF THE SITE, YOU, IN EFFECT, AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS ARE AT YOUR OWN RISK.
Indemnification
You agree to defend, indemnify, and hold Us, Our affiliates, officers, directors and employees harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site, Content, Materials or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you, or any violation of these Terms by you or users authorized by you. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Us in asserting any available defense.
Copyrights and Take Down Procedure
We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address identified in the “Our Contact Information” section of these Terms:
- Your username, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as noted under the section, “Our Contact Information.”
Removal in Error-Counter Notice
If your Content was removed through the procedure described above, and you believe that it was removed in error, we suggest that you first try to contact the rights owner directly. If the rights owner agrees that a mistake was made, ask the rights owner to email Us and We will allow you to resubmit your Content.
You may have the option of filing a Counter Notice with Us if you feel that your Content was removed in error and you have not been able to come to an agreement with the rights owner. A Counter Notice is a form We provide in compliance with the requirements of the federal law known as the Digital Millennium Copyright Act. The form is a legal document that requires you to certify under penalty of perjury that your Content was not infringing and was removed by mistake. Please read this form carefully, so you fully understand what you agree to if you choose to submit it to Us.
If you are interested in filing a Counter Notice, please contact Us at the address given, and provide Us with the additional information regarding your appeal. Once a valid Counter Notice is submitted, We will provide a copy of the notice to the reporting party and will advise them that the Content will be reinstated after 10 business days if We do not hear from the reporting party that it has filed an action seeking a court order to restrain you from re-posting the Content.
Our Contact Information
You may email us at info@popicon.com.
We are located at
55 Second StreetSuite 600
San Francisco, CA 94105 (415) 875-7850
Please remember that, although the Internet is global in scope and this page can be read from anywhere in the world, We do not necessarily conduct business in the jurisdiction where it is being read.
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Us or relating in any way to your use of the Site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving Us or Our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Regardless of any law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed by you within one year after such claim or cause of action arose or be forever barred.
We make no claim regarding access or use of the Site outside of the United States. If you use or access the Site outside of the United States, you do so at your own risk, and you are responsible for compliance with the laws and regulations of your jurisdiction as well as the Terms.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable in a given jurisdiction, that portion shall be construed in that jurisdiction in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect in that jurisdiction.
Complete Agreement
These Terms represent the entire understanding relating to the use of this Site and prevail over any prior or contemporaneous, conflicting or additional, communications. We reserve the right to revise these Terms at any time without notice by updating this posting.
Assignment
You shall not transfer, assign, sublicense, nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. We may transfer, assign, sublicense, or pledge in any manner whatsoever any of Our rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact Us at the address given at “Our Contact Information.”
POPICON SOFTWARE WEBSITE PRIVACY POLICY
This Privacy Policy is effective March 1, 2011. By using the popiconsoftware.com website (the “Site”), you signify your acceptance of Our Privacy Policy. If you do not agree to this policy, please do not use the Site. Your continued use of the Site following the posting of changes to these terms will mean that you accept these changes. Questions regarding this Privacy Policy should be directed to us at: the address given at “Our Contact Information.”
Our Commitment
We respect your concern about privacy. This Privacy Policy will tell you how We protect your personal information, and will describe the choices you have concerning Our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on the Site. We will post changes here.
Online Information Gathering
Information collected online is often defined as being either “personally identifiable” (which lets Us know the specifics of who you are, such as your name, e-mail address or postal address) or “anonymous” (which is information that cannot be tied back to a specific individual).
Personally Identifiable Information
The choice of how much of your personally identifiable information is disclosed to Us is left completely up to you. By using Our site, you consent to the collection and use of your personal information by Us.
The only way We know something about you is when you use the Site, or you voluntarily disclose your information such as a credit card number, address, phone number, fax number, e- mail address, demographic, and other personal and financial information when you fill in a form, email or write to Us or otherwise communicate with Us.
In some cases, such as on list services, discussion boards, or other forums, any personal information provided may become publicly available to Our members and possibly the larger general public. Users should be aware that when they voluntarily disclose such personal information (e.g. user name and e-mail address as used in a signature line), that information can be collected and used by others and may result in unsolicited messages from other posters or parties.
Please note that if you are an active on the Site, you may have been assigned a membership identification and password to be used for accessing the certain restricted areas of the Site. This information is maintained by Us and is used solely to allow you to access the restricted area.
We may use your personal information for purposes such as providing and improving Our services, responding to your requests, servicing your account, providing you with products, services or information you may request, communicating with you, informing you about new products and services that may be of interest and to improve the Site. We may collect the following types of information.
(1) We receive and store information that you provide to us. When you purchase products or services from Our Site, register with the Site, participate in a Site offering, or request information from Us, you may provide Us with personal information, such as first and last name, home address, email address, telephone number, social security number, username, password, other unique identifiers, gender, birth date, financial information such as credit card number, credit card expiration date, purchase history and other purchase data, areas of interest, offers that you may be interested in receiving, and demographic information (such as income level), among other personal information.
(2) We track, receive and store certain information based on your use of the Site. For example, We may use cookies on certain pages of the Site. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies enable Us to collect and provide you with information targeted to your interests or preferences. You can set your browser to notify you when you receive a cookie, and you can choose to delete any cookies you receive.
(3) “Tags” are scripts used to track a user’s activity on the Site by web analytics software.
Your activity is anonymous if you are not logged in; however, when logged in, additional information may be passed through these tags. Tags are used for activities such as determining effectiveness of the Site’s design, information architecture and consumption of information and services on the Site.
(4) When you provide personally identifying information on the Site, such as by subscribing to publications or making purchases, We may retain personal information from you such as name, address, phone number, birth date, billing and delivery information, email address, financial account information and demographic information. This information is for Our internal use only.
When visiting any Internet site, your unique address, called an “IP address,” is recorded. The amount of information about users made available from their IP addresses varies greatly, for instance depending on how they are connected to the Internet. We do not release any information about the collection of this address to any third parties. We archive the logging of IP addresses for security reasons.
We do not sell your personal information to third parties
- We may share selected information with third parties under limited conditions as part of normal business operations and to meet legal requirements and regulatory requirements of the U.S. Internal Revenue Service and other agencies, to protect and defend Our property or rights, or the personal safety of Our personnel or members of the public.
If We or any of Our assets are acquired by a third party, personal information acquired by Us may be one of the assets transferred to the third party.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite Our efforts, We cannot guarantee or warrant the security of any information you transmit to Us.
If you are a California resident, you have a legal right to request and receive in writing or by email the names and addresses of all third parties who received your personally identifiable information during the previous calendar year and a list of the types of personally identifiable information disclosed to such third parties. To request such information, please email Us as indicated above. We will not honor such a request more than once per calendar year.
Opt-Out Policy
You may opt out of receiving communications from Us by emailing Us as indicated above. These unsubscribe options are also included in email communications that We send to you. If you wish to stop receiving communications from any other parties, you must communicate with them directly.
Security of Information
We use technical safeguards to protect the security of information you provide to us, including encryption, firewalls, and Secure Socket Layer (SSL) or similar technology. You should never share your password with anyone.
Children
Our site is not directed to, and We do not knowingly collect any personal information from, children under the age of 18. If you are under the age of 18, you may only use this site under the supervision of your parents or guardians.
Changing Your Information
You may review and request changes to any of your personal information collected through the Site by sending Us an email as indicated above.
Anonymous Information
We collect and archive basic logging for site statistics. These log files show the daily number of visitors to Our Site and its subdirectories, the daily requests We receive for particular files, what server locations those requests come from, including from which countries, as well as the domain name of the server or browser accessing the Site. These aggregated statistics are primarily used internally to provide better service to the public, but may also be provided to others.
Non-disclosure
We do not sell, rent, lend or give personally identifiable information collected from you on the Site to marketers.
Although unlikely, We may be required by law enforcement or judicial authorities to provide personally identifiable information. In these cases, We will provide this information as and to the extent we have determined that the disclosure of any such information is appropriate.
Cookies
We may utilize identification numbers stored in a file on your computer (“cookies”). Cookies by themselves cannot be used to find out the identity of any user.
Links
Users may find links to other sites or services on the Site. We do not control the content or links that appear on these sites. In addition, these sites or services, including their contents and links, may be constantly changing. The fact that We have made these links available to you is not an endorsement or recommendation to you by Us. We provide these links only as a convenience.
Other companies linked to this Site may collect information about you when you view their websites or click on their links. We cannot control this collection of information. You should contact these content providers directly if you have any questions about their use of the information they collect. These sites and services may have their own privacy policies, or no policy at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information. We are not responsible for the privacy practices or content of such third party websites.
© 2011 popIcon Software, All Rights Reserved