Please read the following terms and conditions carefully
The following Terms and Conditions, as they may be modified from time to time (“Terms”), govern your use of the popIconsoftware.com website (the “Site”). By accessing and using the Site, you acknowledge and accept the Terms. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Terms constitute a legally binding contract between you and Us regarding your use of and access to the Site.
The Site is provided by popIcon Software (“We,” “Us” or “Our”) for your personal informational enjoyment, subject to the Terms. We may change the Terms from time to time and at any time, and without actual notice to you. By using the Site after we post any changes, you shall be deemed to have accepted those changes, whether or not you have reviewed them. If at any time you choose not to accept the Terms, please do not use the Site.
The Site and any software accessible or downloadable therefrom, as well as any communications service, including the capability to contribute material through a contribution form, chat room, message board, newsgroup, blog, or other interactive service that may be available to you on or through the Site (collectively, the “Services”) are provided to you solely for your personal purposes. You are granted a personal, revocable, limited, non-exclusive, non- transferable license to access and use the Site for noncommercial purposes, conditioned on your continued acceptance of and compliance with the Terms. By using the Site and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, We reserve the right to terminate this license and your use of the Services and/or to refuse any and all current or future use of the Services at any time and for any reason. We pecifically reserve any rights not explicitly granted in these Terms.
Unless otherwise noted, all software, information, text, articles, data, images, screens, web pages or other materials appearing on the Site (“Materials”) are Our exclusive property unless a different ownership is indicated. You may download one machine readable copy and one print copy of individual screens appearing as part of the Site solely for your personal informational, non-commercial use only, provided that the copy includes each copyright or trademark notice or attribution as it appears on the pages copied, and provided the copy indicates the popIcon Software copyright notice (see Intellectual Property Rights, below). The Materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these Terms, without the express written permission of Us. You may not use anything contained in the Materials in any manner that may give a false or misleading impression or statement. Nothing on this Site shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise, except as to any software which is separately and specifically licensed to you.
You may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” or “OK” or other words to that effect that acknowledge for acceptance of the terms of a Click-Through Agreement. To the extent there is a conflict between the Terms and any such Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement terms will govern.
You may not use the Site or Services to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”) that:
- is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, or hateful, or that contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Constitutes another’s proprietary or confidential information including that learned or disclosed as part of employment relationships or under nondisclosure agreements;
- Infringes any patent, trademark, trade secret, copyright, right of publicity, moral right, personal right, or other proprietary rights of any party;
- Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- “Stalk” another;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a POPICON official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted to or through the Site;
- Act in a manner that negatively affects other users’ ability to use the Site or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Services or servers or networks related to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- Harvest, collect or store information about the users of the Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site, or in violation of any law, or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications; or
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
Materials and Content Submitted
You understand and acknowledge that:
- We are not responsible for Content submitted to Us or posted to the Site by users;
- We do not pre-screen, monitor, review, or edit the Content posted by users;
- We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the Terms;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Us, Our users, or the public.
- You may not rely on any information, data, text, music, sound, photographs, graphics, video, messages, or other Materials created by Us or Content submitted to Us;
- The views expressed on the Site do not necessarily reflect the views of Us;
- We do not support or endorse Content posted or submitted by you or any user or Materials (whether or not edited by Us or Our designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content);
- Materials you view, and Content you submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content or Materials;
- We and Our designees have the right (but not the obligation) at our sole discretion to refuse or to remove any Content, in whole or part, that in Our judgment, does not comply with the Terms or is otherwise undesirable, inappropriate, or inaccurate, however, We are not responsible for any failure, non-failure, or delay in removing such Content;
- You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of submitted Content or other communication to Us;
- You will not upload or transmit any communications or Content of any type to the Site that infringes or violates the rights of any party;
- You will only upload media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license;
- You will not submit any media or Content that contains personally identifiable information (like name, phone number, email address) of you or anyone else without written permission;
- By uploading any media or Content on the Site, you warrant that you have permission from all persons appearing in such media or Content for you to make this contribution and grant the rights described in the Terms;
- You will immediately notify Us of any unauthorized use of the Services or any other breach of security known or suspected by you;
- The technical processing and transmission of the Site, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings, contributions or other information submitted by you or other users, and any or all Content or Materials on the Site may be purged periodically in Our sole discretion.
Restrictions On Use of Materials
This Site is intended for personal informational purposes only. Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt, create derivative works, or in any way exploit the Content or Materials on the Site without Our prior written consent or the consent of all other entities with an interest in the relevant intellectual property. To seek Our permission, you may write to Us at the email or address provided under “Our Contact Information.” Unless permission is granted by Us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You agree to abide by all copyright notices or other restrictions contained on the Site.
Submissions and Confidential Materials
While We welcome your comments and feedback regarding the Site, We are under no obligation to respond to all pieces of correspondence received through the Site, to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. We do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via the Site or any e-mail connection or otherwise. Any information or material submitted or sent to Us, or submitted to or via the Site, will be deemed not to be confidential or secret. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Us shall become and remain Our property. Any such submission by you is a declaration of the full release of all proprietary claims, confidentiality, and intellectual property rights regarding your submission.
You should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages that are not encrypted, you agree to accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
User’s Grant of License
By communicating with Us, including submitting or sending Content or other information or material to or via the Site, you grant Us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, publish, and display such Content (in whole or part), including any information, suggestions, ideas, drawings, or concepts contained in such Content, and to incorporate it in other works in any form, media, or technology now known or later developed. You will remain responsible for the accuracy, intellectual property compliance, legality, decency, and all other aspects of Content you submit or other communication by you to Us. You also warrant that all “moral rights,” “personality rights,” right of privacy and right of publicity in each such submission and Content have been waived.
You may be able to link to third parties’ websites (“Linked Sites”) from the Site. We reserve the exclusive right, at Our sole discretion, to add, change, decline, or remove, without notice, any feature and any link to the Linked Sites and/or to introduce different features or links to different users. The fact that another party has linked to the Site does not necessarily mean that such link has been approved by Us. Linked Sites are not reviewed, controlled, or examined by Us in any way, and We are not responsible for the content, availability, advertising, products, or other materials on or pertaining to such Linked Sites. We provide the links to you only as a convenience and the inclusion of any such link on the Site does not imply Our endorsement of the Linked Sites, the organization operating such Linked Sites, or any products or services of that organization. Your linking to any other websites is entirely at your own risk.
Under no circumstances will We be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under all laws including copyright, secrecy, defamation, decency, privacy, and export laws. In no event shall We be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation of links or your use of the Linked Sites or the information or material accessed through the Linked Sites. You should direct any concerns to the Linked Sites’ administrator or webmaster.
To seek Our permission to link to the Site, you may write to Us. We reserve the right, however, to rescind any permission granted by Us to link through any type of link, and to require termination of any such link to the Site, at Our discretion at any time.
WARNING: THE SITE AND THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OBJECTIONABLE OR OFFENSIVE OR UNSUITABLE FOR MINORS AND OTHER SENSITIVE PERSONS. IF YOU ENTER THE SITE OR THE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THE SITE OR THE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY, OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THE SITE AND THE LINKED SITES. YOU HEREBY ACCEPT THE CONSEQUENCES OF ACCESSING THE SITE AND THE LINKED SITES.
Intellectual Property Rights
This Site is protected by the copyright and other laws of the United States. Unless otherwise specified, all Materials contained in this Site are the copyrighted property of Us and Our affiliates or licensors. The copyright notices shall not be removed from the Site or the Materials. The Site and Materials are protected by copyright under both United States and foreign laws. Any use thereof not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws. The Materials and the Site are subject to change or termination without notice in Our editorial discretion. All rights not expressly granted herein are reserved to Us and Our licensors.
If you violate any of the Terms, your permission to use the Site automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Site.
The following trademarks belong to the Company and may only be used with the written permission of the Company: POPICON™ is a trademark belonging to Rutherford & Chekene. REVIT® is a registered trademark belonging to Autodesk.
All other trademarks and service marks that appear on the Site or in the Content or Materials are the property of their respective owners and are used solely to refer to those companies’ goods and services. Reference to or use of a product, service, or process or name thereof does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Us. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Ours or any third party, except as expressly granted herein. Address any inquiries concerning usage of Our trademarks, copyrights, or designs to the address given under “Our Contact Information.”
As between Us and you, We or Our licensor(s) are the sole owner of all Materials and Content on the Site, and U.S. and non-U.S. copyrights, patents, trademarks, trade secrets, and other intellectual property rights pertaining thereto. Except as otherwise specifically provided in the Terms, no portion of the Site, the Content or Materials may be used, displayed, duplicated, modified in any way, distributed to or used by another, in whole or in part, without the prior written permission of the owner. You may, however, download one machine readable copy and one print copy of individual screens appearing as part of the Site solely for your personal informational, non-commercial use, provided that all trademarks, copyright notices and other legends that appear on the copied screens remain on the screen copies, that the copyright notice “© 2011 popIcon Software, All Rights Reserved” appears on all pages of any such copy, and provided such notices are not removed from the printed or stored images of the screen copies. All title and intellectual property rights in and to the content of the Linked Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other property of Ours or any third party, nor any right, title or interest in or to any portion of the Site, or the copyright therein.