Terms of Use

Popfossa is a website owned and operated by Popfossa Pty Ltd.

The following general terms and conditions govern your use of the services provided by Popfossa ("Terms"). By accessing websites ("Sites") or services provided by Popfossa ("Services"), you agree to these Terms and our Privacy Policy. If you do not agree to all these Terms, then you may not access or use the content on our Sites and Services. Popfossa reserves the right to update these Terms at any time.

1. License to use our Services

Popfossa grants you a limited, revocable right to access and use our Sites and Services in accordance with these Terms for personal, non-commercial use only. Use of our Services is conditional upon your ongoing compliance with these Terms.

2. Your responsibility and obligations

You are solely responsible for your use of our Sites and Services.

As a condition to using our Serivces, you are required to provide Popfossa with your email address, password and profile information. You shall provide Popfossa with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, and may result in the termination of your Popfossa account.

You are responsible for maintaining the confidentiality of your Popfossa account password.

3. Your conduct

As a condition of use you agree not to use our Services:

  1. to abuse, harass, threaten, impersonate or intimidate another Popfossa user, employee, or person;
  2. to post infringing, libelous, defamatory, obscene, pornographic, abusive or offensive content, or content that otherwise violates the law or right of any third party;
  3. to post unsolicited messages and URLs to our Sites and any users of Popfossa;
  4. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access our Sites for any purpose without our express written permission;
  5. to create multiple user accounts for the purpose of artificially inflating, altering or distorting the results of Popfossa' Services;
  6. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these Terms to use any information obtained from our Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  7. to sell or otherwise transfer your Popfossa account.

You agree not to use our Services for any purpose prohibited by these Terms, or any other purpose not reasonably intended by Popfossa. Popfossa reserves the right to remove content and disable user accounts at any time without notice if it is deemed damaging or harmful to the provision of our Services, or for any reason at our sole discretion.

4. No unlawful or prohibited use

As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our Services in any manner that could damage, disable, overburden, or impair any Popfossa server, or the network(s) connected to any Popfossa server, or interfere with any other party's use and enjoyment of our Services. You may not attempt to gain unauthorised access to any Services, Popfossa accounts, computer systems or networks connected to any Popfossa server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services.

5. User submitted content

By posting content for display or inclusion on our Sites and Services, you represent and warrant that you own all rights in the content and agree to license the content, unless source quoted, subject to the Creative Commons Public Domain License. You can choose to make your content private to restrict access and use only to yourself.

6. Links to third party websites

Our website may contain links to third party information and products. You should be aware that such content and links are not owned, operated or maintained by Popfossa nor are they affiliated or associated with Popfossa in any way, unless indicated on the external site.

Popfossa is not responsible for the content of any third party material appearing on our Sites or any third party sites linked to from our Sites. Such information, advertisements or links are purely for information purposes only and are not endorsements of the third party information or sites by Popfossa as to their quality, accuracy or completeness.

If you decide to access any of the third party services or websites advertised or linked, you do so entirely at your own risk. As far as lawfully possible, Popfossa accepts no liability or responsibility for the actions or omissions of users of the website or linked sites in relation to the content contained therein.

7. Changes to our Sites and Services

Popfossa reserves the right to revise, change, modify or delete the content of any part of our Sites, including any Services provided from our Sites, at any time at our sole discretion and without prior written notice.

Popfossa does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of our Sites and Services (including links to any external sites) for any reason.

8. Indemnity

You will indemnify and hold harmless Popfossa, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your access to our Sites, use of our Services, violation of these Terms by you, or the infringement by you, or any third party using your Popfossa account, of any intellectual property or other right of any person or entity.

9. Limitation of liability

While Popfossa takes all reasonable care to include accurate and up-to-date information on our Sites, the information provided should not be relied upon as being error free or accurate. Popfossa makes no representation or warranty as to the timeliness, accuracy or completeness of any such material, nor do we accept any responsibility arising in any way for errors or omissions. As far as lawfully possible, Popfossa accepts no liability or responsibility for the actions or omissions of any users of our Services in relation to the content or the Services contained herein.

All information provided on our website is provided "as is" without warranty of any kind, express or implied, to the fullest extent possible under law. In no event will Popfossa be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to or use of our Services or downloading of information from our Sites, including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.

Popfossa is not responsible for deletion, failure to store, misdelivery, or untimely delivery of any material or Services accessed through our Sites or external sites and will not be liable for any damages or losses whatsoever resulting from any users downloading or accessing of any information or material through our Sites and Services.

10. Applicable laws

Popfossa operates its Sites and Services from offices in Perth, Western Australia. These Terms are governed by the laws of the State of Western Australia. If you choose to access and use our Services from other locations you do so of your own initiative and are solely responsible for your compliance with applicable local laws.

Last updated June 20, 2009