Terms and Conditions

Overview – ScreenPopper.com

Please read this page carefully before continuing on with your use of this web site. This website provides an online service to create and manage Pop-Up Advertisements.

Any questions about these Terms of Service please Contact Us directly.

Agreement of Terms & Conditions

By accessing or using the services of this web site, you agree to the terms and conditions (“Terms of Service”). Your use of this web site signifies your agreement with these terms. ScreenPopper.com reserves the right to modify, alter or otherwise update these terms at any time without notice. Such modifications shall be effective immediately upon posting. By using this web site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised terms. ScreenPopper.com reserves the right to modify, alter of otherwise update the service offered. Continued use of the ScreenPopper.com Service after any such changes shall constitute your consent to such changes This web site may be linked to other web sites, that may or may not be affiliated with this web site and they may have terms of use that differ from this web site. Your access to such web sites through links provided on this web site is governed by the terms of use and policies of those sites.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of this Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must be a minimum of 18 years or older to use this Service.

At registration you must provide your full legal name, a valid email address, and any other information requested in order to complete the registration process.

Only one person, YOU, may use your login information for acess to your account. A single account with multiple logins to that account (shared by multiple people) is not permitted and in direct violation to these terms and conditions.

You are responsible for all Content posted and activity that occurs under your account.

If you are using a free account you are not permitted to block ScreenPopper branding. It must be clearly visible at the time of each Pop.
One person or legal entity may not maintain more than one free account.

You must be a human and create this account by manually going through the registration process by hand. Any accounts registered by an automated method or “bots” are not permitted and in direct violation of these terms and conditions.

You are responsible for maintaining the security of your account and password. ScreenPopper.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Email Use, Communication, and Marketing

Service Level Email Communication: Your email is required for use of the trial and paid ScreenPopper account for proper identification. We will use your email to contact you about your account including but not limited to service level communication such as payment invoices, payment failures, and when service limits are reached. This email communication can not be removed and is part of the agreement to use ScreenPopper.

Promotional Marketing Level Email Communication: In addition to the service level emails, we will send you informational and promotional content that you may choose to continue receiving. These emails can include training materials, sales offers, and key partner offers. You can stop receiving our promotional marketing emails by following the unsubscribe instructions included in every email.
Disclaimer of Warranties and Liability

All content on this web site is provided “as is” and without warranties of any kind either express or implied. ScreenPopper.com does not warrant or make any representations regarding the results that may be obtained from the use of this web site, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this web site. You expressly agree that use of this web site is at your sole risk. ScreenPopper.com shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus. You expressly acknowledge and agree that we are not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

Account Termination – Refusal of Service

ScreenPopper.com, 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, 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. ScreenPopper.com reserves the right to refuse service to anyone for any reason at any time.

Indemnification

You agree to indemnify us, defend us, and hold us harmless, including the Providers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

Payments, Plan Upgrades, Plan Downgrades, Refunds Terms

All new paid plans carry a 30 day – 100% money back satisfaction guarantee.

A valid credit card is required for all paid accounts. Free accounts are not required to provide a credit card number.
All paid plans are billed every month on your billing day. If you cancel prior to the next billing day you will not be charged, and billing will cease.

An upgrade from the free trial plan to any paying plan will end your free trial. You will be billed at the time of upgrade for the next month of service immediately upon upgrading.

All Services are billed in advance on a monthly recurring basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. 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.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ScreenPopper.com does not accept any liability for such loss.

If you need to contact us about your account, please use one of the following: Online Contact Form, mailing address: StreamSend, 1107 9th St, Suite #340 Sacramento, CA 95814

Links

This web site contains links to other web sites. The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under our control, and we are not responsible for, and do not endorse, such content, whether or not we are affiliated with the owners of such Linked Sites.

Account Cancellation

Violation of any of the terms here will result in the termination of your Account. While ScreenPopper.com prohibits such conduct and Content on the Service, you understand and agree that ScreenPopper.com 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 are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “My Account” link at the top of the page. Click “Cancel Your Account” under the Subscription Plan section.

All of your Content will be immediately deleted from the Service upon cancellation. This is permanent and your data can not be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Jurisdictional Issues

Unless otherwise specified, the content contained in this web site is presented solely for your convenience and/or information. We make no representation that content in this web site is appropriate or available for use in other locations.

Service Price Changes

ScreenPopper.com 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 monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes on the public ScreenPopper.com website.
ScreenPopper.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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 from ScreenPopper.com.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You must not transmit any worms or viruses or any code of a destructive nature.

ScreenPopper.com does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that ScreenPopper.com 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 ScreenPopper.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of ScreenPopper.com 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 ScreenPopper.com and govern your use of the Service, superceding any prior agreements between you and ScreenPopper.com (including, but not limited to, any prior versions of the Terms of Service).
You understand that ScreenPopper.com 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 the Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ScreenPopper.com customer, employee, member, or officer will result in immediate account termination.

Ownership of Content

We claim no intellectual property rights over the material you provide to the Service. Your account information and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

ScreenPopper.com does not pre-screen Content, but ScreenPopper.com 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.

The look and feel of the ScreenPopper.com Service is copyright©1998-2015. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from ScreenPopper.com.

Copyright

All content posted on the Service must comply with U.S. copyright law.

External Services

Youtube Video Service

We strongly encourage you to display videos that you have both created and that which you have full ownership rights to.

You hereby agree that ScreenPopper.com is not responsible, nor liable for the video content you choose to display through our pop-up service. Furthermore, ScreenPopper.com is not responsible for any legal ramifications that could result from such actions.

Before playing any video, confirm that the video is embeddable, and copyright free. When in doubt consult with the owner and gain permission first before continuing.

It is your sole responsibility to comply with U.S. copyright laws and Youtube’s terms of service when displaying a video through the ScreenPopper.com service.

Content Used With Our Service

All Content Uploaded, Linked to, and Used Within Our Service
You are fully responsible for all content used in the ScreenPopper service, including images, text copy, video, audio, site layouts, and all other content no described above. You must be the owner of such content and full rights to it’s use. You fully accept all liabilities of using such content in Our Service. Furthermore, ScreenPopper.com is not responsible for any legal ramifications that could result from such actions arising from use of said content.

Your Acceptance Of These Terms

By using this web site, you signify your agreement to our Privacy Policy and the Terms described on this web site. Your continued use of our sites and/or our affiliates’ sites following the posting of changes to these terms will mean you accept those changes. The ScreenPopper.com web site terms and conditions contained in named web site dictate the use by site visitors and are subject to these Terms and Conditions explicitly.

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