Terms of Service

Last updated: May 14th, 2021

1. AGREEMENT TO BE BOUND

Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the POPARAZZI mobile application (the “Service”“) operated by TTYL (“TTYL,” “us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and to be bound by them. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service. We may amend the Terms from time to time and we will provide notice of any substantive changes on www.poparazzi.com and, if we have an email address for you, we will send you an email advising you of any material changes to the Terms. Continued use of the Service constitutes acceptance of any amendments to the Terms. This Service is available only to those individuals who are the age of majority in their relevant jurisdiction.

2. COMMUNICATIONS

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

3. CONSENT TO SEND TEXT MESSAGES

The Service provides functionality that allows you to invite your friends to download the POPARAZZI mobile application. In order to do so, you must affirmatively select the friends you would like to invite to join the POPARAZZI community. You must provide the telephone number associated with your friends’ wireless devices in order to invite them to join POPARAZZI. You can either manually provide the number during the invitation process or select from your contacts the individuals you would like to invite. There is a standard, non-commercial text message that the people you invite will receive with an active link that when selected will allow those people to download the free POPARAZZI mobile application. You can also revise the invitational text but an active link will be included in your message to ease the download of the free POPARAZZI mobile application. You acknowledge that you understand that when you send invitational text messages to the people you invite to join the Service you are considered the sender of the text message under relevant law. YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM YOU INCLUDING THE INVITATIONAL TEXT MESSAGE YOU ELECT TO SEND INVITING YOUR FRIENDS TO DOWNLOAD THE POPARAZZI MOBILE APPLICATION.

4. TEXT MESSAGES SENT BY POPARAZZI

As part of the Service, we cause informational messages to be sent to those parties that you tag in a photo on POPARAZZI. Specifically, once you elect to tag a person in a photo, we will send an informational text message to the person you tagged. The informational text messages that we cause to be sent will include instructions on how recipients can stop receiving such text messages from POPARAZZI. BY SIGNING UP TO USE THE SERVICE, YOU AGREE TO RECEIVE TEXT MESSAGES FROM POPARAZZI AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU TAG IN A PHOTO HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM US.

5. TEXT MESSAGE FEES

There are no fees charged by us to use the Service. However, text messages sent and received by you, or by us on behalf of you, may be subject to standard text messaging rates if you or the recipient does not have a plan allowing for unlimited text messages from your mobile wireless carrier. Such fees could apply both to sending and receiving text messages. Please contact your underlying carrier to determine whether there are fees associated with text messages as part of you plan and for information as to the cost for such text messages if you have any questions.

6. CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright, trademark, right to privacy or publicity, or any other right. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. TTYL has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of TTYL or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

7. NOTICE: ELECTRONIC COMMUNICATIONS

When you use the Service, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by text message, e-mail or by push notifications through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8. ACCOUNTS

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

9. PRIVACY

The Poparazzi Privacy Policy is incorporated and made part of these Terms.  You hereby agree to such Privacy Policy.  Any personal data (for example, your name, telephone number or email address) or any other information that you voluntarily share with the Service, like your friend’s name, email address and telephone number, that you transmit to the Service by electronic mail or otherwise will be used by TTYL in accordance with the Privacy Policy. Any other communication or material you transmit to the Service, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

10. TRADEMARKS

The following trademarks are our property:  POPARAZZI, and our company logo are trademarks in the United States and various other countries. These marks may not be used without our consent on any product or service, except our own.

11. COPYRIGHT

Copyright 2021 TTYL, Inc.

All content included on the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (but excluding Content provided by users), is the property of TTYL or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Service is the exclusive property of TTYL and protected by United States and international copyright laws. All software used on the Service is the property of TTYL or its software suppliers and protected by United States and international copyright laws.  You agree not to change or delete any proprietary notices from materials printed or downloaded from the Service.

12. COPYRIGHT ANOTHER INTELLECTUAL PROPERTY COMPLAINTS

TTYL respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@poparazzi.com.

DMCA NOTIFICATIONS

Since we respect content owner rights, it is the POPARAZZI policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the copyright agent at legal@poparazzi.com in accord with the DMCA.

For your complaint to be valid under the DMCA, you must provide the following information in writing:

(i). An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

(ii). Identification of the copyrighted work that you claim has been infringed;

(iii). Identification of the material that is claimed to be infringing and where it is located on the our service;

(iv). Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;

(v). 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 law; and

(vi). A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent:

Attn: DMCA Notice

Address:  1046 Princeton Dr., Unit 108, Marina Del Rey, CA 90292

Email: legal@poparazzi.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed on the Service. The preceding requirements are intended to comply with rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, the Service has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. The Service may also at its sole discretion may limit access to the service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13. EXPORT CONTROL

Software and other materials downloaded or otherwise made available from the Service may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Service may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.

TTYL does not authorize the downloading or exportation of any software or technical data from the Service to any jurisdiction prohibited by the United States Export Control Laws.

14. LINKS TO OUTSIDE PARTIES

Our Service may contain links to third party web sites or services that are not owned or controlled by TTYL. TTYL has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that TTYL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

TTYL does not endorse the content, or any products or services available, on such sites.  Nonetheless, TTYL seeks to protect the integrity of the Service and the links placed upon it and therefore requests any feedback on not only the Service, but for sites it links to as well (including if a specific link does not work).

15. TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. INDEMNIFICATION

You agree to defend, indemnify and hold harmless TTYL, its related entities and subsidiaries, and its licensee and licensors, and their employees, contractors, agents, officers and directors (collectively the “Indemnified Parties”),from and against any and all actions, claims, damages, deficiencies, judgments, obligations, losses, liabilities, settlements, interest, awards, penalties, fines, costs or debt, or expenses of whatever kind (including, but not limited to, attorneys’ fees), incurred by the Indemnified Parties related to or arising out of any third party claim, whether brought by private civil litigants, federal or state officials or agencies or other governmental officials, based upon or related to: a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service, including but not limited to claims alleging violation of: (i) the Telephone Consumer Protection Act; (ii) federal telemarketing laws and regulations; (iii) state telemarketing laws and regulations; or (iv) other federal, state or international laws governing text messages or email or transmitting communications to particular kinds of subscribers or devices.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL TTYL, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES (COLLECTIVELY, THE “TTYL PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE TTYL PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS ($50).

TO THE EXTENT THAT IN ANY RELEVANT JURISDICTION ANY OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY ARE NOT PERMITTED, YOU ACKNOWLEDGE AND AGREE THAT ANY LIABILITY (AND DAMAGES) ASSESSED TO US WILL BE LIMITED TO THE LOWEST AMOUNT AND SCOPE LEGALLY PERMISSIBLE IN THE RELEVANT JURISDICTION.

18. DISCLAIMER

Your use of the Service is at your own dISCRETION and at your sole risk AND YOU WILL BE SOLELY RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, DAMAGE OR HARM TO ANY OF YOUR DEVICES USED TO USE OR ACCESS the SERVICE. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of any right, rule regulation or law, or any warranty arising by usage of trade, course of dealing or course of performance. TTYL, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. additionally, data or content stored using the service may be lost, damaged or otherwise unrecoverable.

19. EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

20. DISPUTE RESOLUTION

(A) Any controversy or claim between the parties or arising out of these Terms or any use of the Service shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Los Angeles, California. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

(B) WAIVER OF JURY TRIAL AND CLASS ACTIONS

BY ENTERING INTO THESE TERMS, YOU AND TTYL ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND TTYL BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR ON A CONSOLIDATED BASIS AND YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING A CLASS ACTION SUIT  AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

(C) IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND TTYL BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

(D) Notwithstanding the foregoing, you and TTYL shall be entitled to enforce their intellectual property rights and seek equitable relief in any court of competent jurisdiction at any time.

21. SURVIVAL

The Dispute Resolution terms in Section 20 survive termination of your use of the Service, the Terms themselves and the fulfillment of all our and your obligations under these Terms.

22. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

23. SEVERABILITY

If any provision of these Terms, or any part of such provision, is found to be unenforceable or invalid, that provision will be (to the minimum extent necessary) replaced by a valid and enforceable provision the effect of which comes as close as possible to the intended economic effect of the unenforceable or invalid provision, so that these Terms will otherwise remain in full force and effect and enforceable, provided however that the provision in Section 20(c) shall take precedence over this provision when interpreting Section 20.

23. CONTACT US

If you have any questions about these Terms, please contact us at hello@poparazzi.com