By using or uploading any information, data,
code or other input (your “Content‘) to the
whosPOPpin.com web site (“Service“), a
service of whosPOPpin Enterprises Inc.
(“whosPOPpin”), you (“you”, “your” or
“User”) are agreeing to be bound by the
following terms and conditions (“Terms of
Use“). IF YOU DO NOT AGREE TO THIS TERMS OF
USE, THEN YOU MAY NOT ACCESS OR USE THE
SERVICE. whosPOPpin reserves the right to
to time without notice. Any new features
that augment or enhance the current Service,
including the release of new tools and
resources, shall be subject to the Terms of
Use. Continued use of the Service after any
such changes shall constitute your consent
to such changes. Violation of any of the
terms below will result in the termination
of your Account without notice. While
whosPOPpin prohibits such conduct and
Content on the Service, you understand and
agree that whosPOPpin cannot be responsible
for the Content posted on the Service and
you nonetheless may be exposed to such
materials. You agree to use the Service at
your own risk.
You must be 18 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the confidentiality and security of your account and password. whosPOPpin cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Any personal information you submit to
the Service or whosPOPpin will be treated by
whosPOPpin in the matter described in the
A valid credit card might be required. The Service is non-refundable. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Payment for Services:
Certain aspects of the Service may be provided for a fee or other charge. If you use the paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, including those posted at or linked to http://whosPOPpin.com.
event you cancel your subscription, you
shall receive no refund or exchange for any
unused time on a subscription, any license
or subscription fees for any portion of the
Service, any content or data associated with
your account, or for anything else. You
acknowledge and agree that the term of your
subscription shall automatically renew for
additional successive terms equal to the
period of your initial term, unless you
provide whosPOPpin with notice of your
intent not to renew your subscription at
least five (5) days prior to the end of the
then-current subscription term.
If your use of the Service exceeds the specified maximum number of native app downloads or mobile website visits for your current subscription level, we will notify you by e-mail and you will be automatically upgraded to the next subscription level. If you continue to subscribe to the Service, then you will keep the same subscription level until you cancel the Service or are upgraded again (if applicable).
If you have a monthly plan,
and your use of the Service exceeds the
specified maximum number of native app
downloads or mobile website visits in your
current monthly plan, by the end of the
current month you will be automatically
upgraded to the next higher available
monthly plan as posted at
If you are on an annual plan, and your use
of the Service exceeds the specified maximum
number of native app downloads or mobile
web-site visits in your current annual plan,
you will automatically and immediately be
upgraded to the next higher available annual
plan at posted at
are responsible for any additional payments
required for an upgraded subscription level
[on a retroactive basis to the beginning of
your current billing cycle]. By way of
example, if you have selected and are using
the Basic monthly Service, and before the
end of a month your use of the Service
exceeds the maximum number of native app
downloads, then before the end of that
month, you will be automatically upgraded to
the Business Service and charged the
applicable fees for that current month.
Cancellation and Termination:
You are solely responsible for properly canceling your account. Account cancellation requests must be submitted to our support or by sending an email to info@whosPOPpin.com
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
whosPOPpin, in its sole
discretion, has the right to suspend or
terminate your account and refuse any and
all current or future use of the Service, or
any other whosPOPpin service, for any reason
at any time. Such termination of the Service
will result in the deactivation or deletion
of your Account or your access to your
Account, and the forfeiture and
relinquishment of all Content in your
Account. whosPOPpin reserves the right to
refuse service to anyone for any reason at
Modifications to the Service
whosPOPpin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to any monthly subscription plan fees to the Service, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to the whosPOPpin website (whosPOPpin.com). whosPOPpin shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, whosPOPpin
may issue an update to the Service which may
add, modify, and/or remove features from the
Service. These updates may be pushed out
automatically with little or no notice,
although whosPOPpin will do everything in
its power to notify you in advance of an
upcoming update, including details on what
the update includes.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using whosPOPpin.com to create your Application, you agree to allow others to view and share your Content. whosPOPpin does not pre-screen Content, but whosPOPpin and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
look and feel of the Service is copyright
whosPOPpin, Inc. All rights reserved. You
may not duplicate, copy, or reuse any
portion of the HTML/CSS or visual design
elements without express written permission
By using the Service,
you warrant that you have full right and
ownership of any and all copyrighted
material you upload to, or distribute
through, the Service.
You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection all Content selected by you for use in connection with the Service and/or whosPOPpin applications.
whosPOPpin respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide whosPOPpin Copyright Agent at [physical address] or [email address] with the following information:
a description of
the product, work or other intellectual
property that you claim has been
misrepresented or infringed;
a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agents, or applicable law;
a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the product, work, copyright or intellectual property, or authorized to act on such owner’s behalf; and your electronic or physical signature, name, physical address, telephone number and email address.
Notice for Users:
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
Customer and Technical support is available through whosPOPpin.com as well as various links on various whosPOPpin.com pages.
You understand that whosPOPpin uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with any other whosPOPpin service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by whosPOPpin.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any whosPOPpin customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve Transmissions over various networks; and
Changes to conform and adapt to technical requirements of connecting networks or devices.
the Service, you expressly consent to us
building your app on multiple platforms and
multiple phone operating systems, even if
those platforms and phone operating systems
are not available today.
If your app is
built using the whosPOPpin provisioning file
or published under the whosPOPpin or
whosPOPpin brand, you agree that whosPOPpin
has the right to the following, with or
without notice, at any time and for any
Remove app from publication
Modify the description or other characteristics or features of your app
Publicize your app and your brand
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
whosPOPpin disclaims any express or implied
warranties and does not warrant that:
Service will meet your specific requirements
The Service will be uninterrupted, timely, secure, or error-free
The results that may be obtained from the use of the Service will be accurate or reliable
The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and Any errors in the Service will be corrected.
UNDERSTAND AND AGREE THAT WHOSPOPPIN SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF WHOSPOPPIN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING
THE USE OR THE INABILITY TO USE THE
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE.
CUMULATIVE LIABILITY ARISING OUT OF OR
THE GREATER OF [NUMBER ($#)] DOLLARS OR THE
AMOUNT OF FEES RECEIVED BY WHOSPOPPIN FROM
THE COMPLAINING USER FOR THE USE OF THE
SERVICE; THE EXISTENCE OF MULTIPLE CLAIMS
SHALL NOT EXPAND OR INCREASE THE FOREGOING
LIMITATION. THE PARTIES ACKNOWLEDGE THAT
THIS CLAUSE REFLECTS THE AGREED UPON
ALLOCATION OF RISK BETWEEN THE PARTIES AND
THAT WHOSPOPPIN WOULD NOT ENTER INTO THIS
AVAILABLE TO USER WITHOUT THESE LIMITATIONS
ON LIABILITY. THIS LIMITATION OF LIABILITY
WILL APPLY NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET
You understand that any
Apps created in the Service are created by
your own volition and you therefore
indemnify and hold harmless whosPOPpin and
all its subsidiaries, employees, and any
agent acting on their behalf from any and
all liabilities, claims, demands, or
personal injury, including death that may be
sustained, due to or relating in any way but
not limited to copy right infringement,
fraudulence, or trademark violation by way
of creating and/or using of any apps created
by the Service, or for claims related to or
arising from your violation of this Terms of
The failure of whosPOPpin to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and whosPOPpin and govern your use of the Service, superseding any prior agreements between you and whosPOPpin (including, but not limited to, any prior versions of the Terms of Service).