Boppers, we want you to know your rights and our rights and so we have prepared this agreement (“user agreement” or “agreement”) between PurseBop (“we”, “our,” “us”) and you. This agreement sets the terms of your use of the PurseBop website and services (“PurseBop”) that includes BopTalk. This agreement is meant to encourage a fair and tolerant place for ideas, people, links, and discussion.
This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use BopTalk.
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to BopTalk, (2) suspend or terminate Your Profile and Badges, and/or (3) remove any of your User Content from BopTalk.
We reserve the right to monitor BopTalk, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
BopTalk is designed and supported for personal use only. You may not use BopTalk to break the law, violate an individual’s privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
BopTalk is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you read on BopTalk.
BopTalk is not intended to be a marketplace for any goods or services. For this reason, any transactions you undertake are your responsibility alone.
You may not use BopTalk to conduct transactions for any illegal goods or services.
To participate on BopTalk, you must create an account that includes a username and password (“Your Account”) and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also browse BopTalk without logging in.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not license, transfer, sell, or assign Your Account without our written approval.
BopTalk contains graphics, text, photographs, images, video, audio, software, code, website compilation, website “look and feel,” and advertisements supplied by us or our licensors, which we call “PurseBop content.” PurseBop content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the PurseBop content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display PurseBop content, except as permitted by the doctrine of fair use or as authorized in writing by us. If you are interested in licensing PurseBop content, please contact firstname.lastname@example.org.
You retain the rights to your copyrighted content or information that you submit to BopTalk (“user content”) except as described below.
By submitting user content to BopTalk, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to BopTalk.
These guidelines are intended to keep people safe, protect kids, keep BopTalk running, and to encourage personal responsibility for what you do on BopTalk. You must:
- Keep Everyone Safe: You agree to not intentionally jeopardize the health and safety of others or yourself.
- Keep Personal Information Off BopTalk: You agree to not post anyone’s sensitive personal information that relates to that person’s real world or online identity.
- Do Not Incite Harm: You agree not to encourage harm against people.
- Protect Kids: You agree not to post any child pornography or sexually suggestive content involving minors.
- Take Personal Responsibility: As you use BopTalk, please remember that your speech may have consequences and could lead to criminal and civil liability.
You agree that PurseBop is not responsible for the actions taken or not taken by moderators.
You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam. Cluttering BopTalk with this sort of content reduces the quality of the BopTalk experience for others.
You may not purposefully negate any user’s actions to delete or edit their content on BopTalk. This is intended to respect the privacy of BopTalk users who delete or edit their content, and is not intended to abridge the fair use or the expressive rights shared by us all.
You agree not to interrupt the serving of BopTalk, introduce malicious code onto BopTalk, make it difficult for anyone else to use BopTalk due to your actions, attempt to manipulate votes or BopTalk’s systems, or assist anyone in misusing BopTalk in any way. 32We support the responsible reporting of security vulnerabilities.
To report a BopTalk security issue, please send an email to email@example.com
BopTalk is not directed at people under the age of 13, and BopTalk does not knowingly collect any personal information from such people.
We will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove user content on BopTalk that we deem to be infringing the copyright of others. If you become aware of user content on BopTalk that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to BopTalk.
Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to firstname.lastname@example.org:
Please send the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
- The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; 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 are authorized to act on the copyright owner’s behalf.
If we remove your user content in response to a copyright or trademark notice, we will notify you via BopTalk’s private messaging system and offer to provide you with a copy of the notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on BopTalk before that period passes, we will consider restoring your user content to the site.
It is BopTalk’s policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.
Indemnity: All the things you do and all the information you submit or post to BopTalk remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold BopTalk, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of BopTalk, your violation of this user agreement, and/or your violation of the rights of any third party or person.
BopTalk is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that BopTalk will always work properly.
Limitation of Liability: We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use BopTalk, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of BopTalk.
We want you to enjoy BopTalk, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at email@example.com.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Illinois without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Cook County, Illinois.
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
This user agreement is the entire agreement between you and us concerning BopTalk. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the BopTalk website. By continuing to use BopTalk after a change to this agreement, you agree to those changes.
This user agreement is effective as of April 28, 2015.