POP CALL TERMS AND CONDITIONS
(Last Updated April 20, 2022)
Table of contents
PLEASE READ CAREFULLY
4) Copyright License
6) Content Submitted on the Services
7) Description of Services
8) Free Trial and Premium Subscriptions
9) Accounts and Registration
10) Account Responsibility
11) Personal Information and Privacy
12) Call and Video Feature
13) Responsibility for User Submissions
14) Removal of User submission
15) Your Interactions with Other Members
16) License and Ownership
17) Other Intellectual Property
18) User Responsibilities
20) DMCA Copyright Repeat Infringer Policy
21) Breaches of these Terms and Agreements
22) Open Source
23) Compatible Devices
24) Limitation of Liability
25) Your Liability to Us
28) Children Privacy
29) Your feedback
30) Customer support
32) Data and Security
33) Governing Law and Jurisdiction
34) If you are a California Residents
1. Welcome to the Pop-call.com services and Application
The POP CALL Application, services and any other online platform is owned and operated by "" Dream Capture Inc."" with business address; 1717 S. Hoover St. Suite 101, Los Angeles, CA 90006. This terms and conditions page sets out the rules and guidelines for using the POP CALL Application; it also describes the laws that govern both our services ("services") and our users ("Members"). When we refer to "You" within the document, we mean Users, or Members, where we refer to ""we” ""us” ""Our"" refers to POP CALL.
By downloading and installing the POP CALL application, you agree to assume full responsibility for and your use of the POP CALL features and services. Please read these terms and conditions thoroughly before proceeding to install POP CALL Application.
“POP CALL Application” or “We” shall mean Pop-call.com and/or POP CALL any of its affiliates, individually and collectively, doing business as POP CALL Application or otherwise.
“POP CALL Parties” shall mean the POP CALL and Dream Capture Inc. and subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees, or licensors.
“POP CALL Service” or “Services” shall mean any of the internet-based Radio signal or other services offered by the POP CALL, including, but not limited to, those described in this Agreement, through a mobile application, or your computer device or otherwise.
“Sites” shall mean any of the apps owned or operated by POP CALL Application including www.Pop-call.com.
“Content” shall mean every content or other material (whether comments, images, links, audio, videos, or files) uploaded by a user to the apps or otherwise integrated into the apps by a user.
“Content Owner” Shall mean users who upload content on the POP CALL site and services.
You must verify that you have attained the legal age of (13 years old) before you can be allowed access to the POP CALL Application. If you are using our Services on behalf of a third party or other persons, you represent that you have authority to act on behalf of that entity and bind that entity to this Agreement.
4. Copyright License
Copyright (C) 2021(S) POP CALL, Application. Subject to the express provisions of these terms and conditions.
POP CALL, together with Dream Capture Inc., own and control all the copyright and other intellectual property rights in the Pop-call.com Application;
All the copyright and other intellectual property rights in Pop-call.com Application and Materials are reserved.
For purposes of this Agreement, "Confidential Information" means any information, proprietary to or maintained in confidence by either the user or POP CALL, will be treated as Confidential Information of the each party with the same degree of care accords to its own Confidential Information, but in no case less than reasonable care; and it will not use, disseminate, or disclose to third parties any Confidential Information of the other party ("user or POP CALL"), except for the purpose of providing the Services, and for any other purpose it was authorize.
6. Content Submitted on the Services
You agree to be responsible for your use of the POP CALL Services and for any Content you provide, including compliance with applicable rules, laws, and directives. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the POP CALL Services or obtained by you through the POP CALL Services is at your own risk. POP CALL do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the POP CALL application or endorse any opinions expressed via the Services. You understand that by using the POP CALL application, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. POP CALL may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
POP CALL reserve the right to remove Content that violates this User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found.
7. Description of Services
At POP CALL application we want to create a new user experience for your social lifestyle. We tend to connect users with friends and family using the POP CALL application; we provide a call to call feature between POP CALL users including video or image upload feature so the receiving user can see your uploaded video or image while having a good conversation via the POP CALL application call your friend feature.
We offer freemium access to users but for a limited time so users can have a feel of our amazing features (with free 2~3uploads) and after that the POP CALL premium mode with monthly or annual payment will be required to upload more videos, or image and enjoy more features.
8. Free Trial and premium Subscriptions
The POP CALL application offers a free trial and the monthly and yearly premium subscription. You must have Internet access and a ready-to-use device, with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment to use the POP CALL application. Unless you cancel your subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method (see "Cancellation" below).
We have develop some premium features that enables users to decorate their video with a more fancy and unique frames depending on user interests (ex: providing seasonal frame (Christmas, Santa, Valentine, New Year’s Greeting) or Skin deco effect like special effect tool such as (changing image to cartoon, 3D avatar, baby face, gender change, robot transforming, etc.).
Basically users can purchase extra features/tools to create more fun / unique video to show as a Video ringtone.
9. Accounts and Registration
To access the Application Services, you are required to register for an account via the POP CALL Application. You will be required to provide a username and password or provide additional personal information ("when you register an account"). Alternatively. Some of this information may be of a confidential nature and may include personal identifying information ("PII").
10. Account Responsibility
When you register an account with us to use our services, you are required to be responsible for all of the following
Keep Your Password Secure. If you have been issued an account by Pop-call.com in connection to use one of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Pop-call.com, are responsible for any activity occurring in your account, whether or not you authorised that activity. If you become aware of any unauthorised access to your account, you should notify Pop-call.com immediately, or change your password.
Keep Your Details Accurate. We may send notices to the email address provided to us by you on our Application. You must keep your email address, and, where applicable, your contact details and payment details associated with your account current and accurate.
You can cancel your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease notwithstanding the foregoing.
We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
11. Personal Information and Privacy
When you register an account with us, to use our services; we may collect and store some Sensitive PII about you ("personal identification information"). POP CALL is committed to ensuring that your personal information is protected. If you provide information to the POP CALL Application by which your identity can courteously be determined, it will only be used in accordance with the United State Privacy Act of 1974 Directives and the POP CALL privacy statement. Personal Identifiable Information (PII) can be defined as;
12. Call and Video Feature
POP CALL allows users to conduct call and upload a video or file via the POP CALL application; when you make a call to call another POP CALL user, the unique Video (you uploaded) will be shown to the call receiver and vice versa. Call and video feature are messages sent between user to user, who are friends, and users of the POP CALL Application. In such and other cases, POP CALL does not undertake to monitor any user calls or communication via the app, and the content posted via the app is not the responsibility of POP CALL or Dream Capture Inc.
13. Responsibility for User Submissions
You are solely responsible for all your User Submissions that you submit via the application. You represent and warrant that you have all rights that are necessary to grant us the license rights in your User Submissions under these Terms. You also represent and warrant that neither your User Submissions, nor your use and provision of your User Submissions to be made available through the application, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
14. Removal of User Submissions
We reserve the right to remove your user submission or contents at our discretion. You can remove your User Submissions by specifically deleting them.
15. Your Interactions with Other Members
Though POP CALL strives to encourage a respectful user experience through features that enables users to communicate only after they have both indicated interest in one another, it is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members.
You are solely responsible for your interactions with other members. You understand that POP CALL does not conduct criminal background checks on its members or otherwise inquire into the background of its members. POP CALL makes no representations or warranties as to the conduct of members.
16. License and Ownership
If you’re a content provider and you upload a content in form of media and technology to the site, you retain your rights to any Content you submit to through the Site. By posting any Content on the application, however, you expressly grant, and you represent and warrant that you have all rights necessary to and do grant, to POP CALL and Dream Capture Inc. a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content.
17. Other Intellectual Property
The POP CALL application contain valuable trademarks and service marks owned and used by Pop-call.com, including but not limited to, name, pictures, logo, videos, the POP CALL design, and the tag line (collectively, the "Pop-call.com Marks"). Any use of the Pop-call.com Marks without the prior written permission of Pop-call.com is strictly prohibited. The materials and layout of the app, and other content or Marks (collectively, the "application Content"), are the sole and exclusive property of Pop-call.com and POP CALL.
18. User Responsibilities
Your use of and access to the Pop-call.com Application and the services are subject to the following ("User Responsibilities"), and you agree that failure to comply with any one of these Conditions will constitute a breach of these Terms.
Users or Members must be aged 13 years or over and verification may be requested.
Zero tolerance to Illegal Activity: we do not allow illegal activity on the application. Each of your actions and contents posted or uploaded via the app must not violate any applicable federal, state, local, or international law or regulation.
Don't Damage Our Services or Servers. You may not post or facilitate the distribution of software viruses or any computer code designed to disrupt, damage, or limit our Services' or obtain unauthorized access to our Services or Content or any data or other information of any third party.
No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to our Services or use our Services, Content, or any information contained therein for any unlawful purpose, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of our Services violates this provision.
No Collection of Personal Information from Other Users. You may not collect information about other users of our Services or use any such information to transmit or facilitate the transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation.
Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any other person or entity.
No Criminal or Unlawful Conduct. You may not use our Services, Content, or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offence or give rise to civil liability. You may not use any of our Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
If you violate these guidelines, we reserve the right to remove You and any of Your Content from the application. Whether conduct violates, our rules of conduct will be determined at our sole discretion
We are constantly developing and improving our Services. In the future we may decide to add or remove some services or features, including, for example, if you do not comply with this terms or if we are investigating suspected misconduct. You agree to be bind with the new changes and features available on the POP CALL Application.
20. DMCA Copyright Repeat Infringer Policy
POP CALL and Dream Capture Inc. stand against anyone who is infringing upon another intellectual property. POP CALL have set out the following policy under the United State DMCA Copyright law;
Suppose POP CALL has a good faith belief that any content appearing on POP CALL Platform violates any copyrights or has been illegally copyrighted. In that case, POP CALL reserves the right to remove, block, or otherwise ‘takedown’ the content. POP CALL also reserves the right to remove from the POP CALL Platform any Users, or other parties, who are repeat offenders of the DMCA Copyright policy.
21. Breaches of these Terms and Agreements
If you breach any of these terms and conditions in any manner, or if we reasonably suspect that you have breached the terms on this Agreement in any way, we retain the rights to;
Send you one or more formal warnings;
Temporarily suspend your access to our Application;
Permanently prohibit you from accessing our Application;
Black lists all computers using your IP address from accessing our Application;
Contact any or all of your internet service providers and request that they block your access to our Application
Begin legal action against you, whether for breach of contract or otherwise; and/or
Suspend or delete your account on our Application.
Where we suspend or prohibit or block your access to the POP CALL Application or a part of our services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
22. Open Source
The POP CALL application may rely on the usage of certain open source libraries and utilities from time to time. You registering or using the Services constitutes your acknowledgement of having read and understood the terms of the open source libraries. POP CALL disclaims all liabilities for any breach of the terms and conditions of such open source libraries.
23. Compatible Devices
To access the application, you will need to use a computer, mobile device, or other devices that meet the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please note that Compatible Devices may vary. For example, certain devices may not be capable of using the app services. Features and functionalities that we make available through the application may also differ by Compatible Device and the terms of your subscription.
24. Your Liability to Us
You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly).
25. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the POP CALL application remains with you. Neither POP CALL nor any other party involved in creating, producing, or delivering the application contents will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms.
If any provision or provisions of this terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
By using this Application and services, you
Consent to receive communications from POP CALL in an electronic form such as email, to provide updates, and promotion;
Agree that all terms and conditions, agreements, notices, disclosures, and other communications that POP CALL provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing.
This subparagraph does not affect your statutory rights.
28. Children Privacy
We respects the privacy of children, and we are committed to complying with the Children Online Privacy Protection Acts COPPA and the UN Convention on the Rights of the Child. This site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide POP CALL Application to children under 13 years of age. However, we may provide our service to children under 13 years of age but in the supervision of a parental guardian.
29. Your feedback
We encourage you to share your reviews and feedback with us, and we promise to respect your feedback irrespective of the outcome, for it helps us improve on our services and make us serve you better. By submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense freely) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
30. Customer Support
For customer support with account-related questions ("Customer Support Queries"), please send a message to our Customer Service department using our email at firstname.lastname@example.org. We will use reasonable endeavours to respond to all Customer Support Queries within 24 hours.
We reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any case without the prior written consent of Pop-call.com. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
32. Data and Security
However, no Internet or email transmission is ever fully secure or error-free. Therefore, you should take special care in deciding what information you send to us via the Application or email. Please keep this in mind when disclosing any information via the Internet
33. Governing Law and Jurisdiction
This Agreement shall be governed and construed in all respects by The United State laws and the California State Court. You agree that any claim or dispute you may have must be resolved by arbitration. You and POP CALL both agree to submit to the non-exclusive jurisdiction of the California Supreme Court.
34. If you are a California Residents
If you are a California resident, you may ask for a list of third parties that we may have shared your information with during the previous calendar year. This list also contains the types of information shared for operational purpose. We provide this list at no cost. To make such a request, please contact us. Or see our California Consumer Privacy Acts CCPA page.
Pop-call.com may modify the terms herein contained at any time. Such modifications shall be communicated by email and shall be binding on you.
All disputes relating to these terms and any services made by Pop-call.com to you shall be governed by the laws of The United State Laws without reference to its conflict of laws principles all disputes shall be subject to Arbitration.
Pop-call.com is subject to existing California laws and United State legal process and nothing contained in these Terms is in derogation of Pop-call.com right and obligation to comply with the Law or governmental, court and requests of enforcement agencies.
If any part of these terms are held to be invalid or unenforceable including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the condition and is nevertheless good and enforceable and the remainder of these terms shall continue in effect.
You may not assign any rights or obligations against Pop-call.com without our prior written consent. Pop-call.com reserves the right to transfer any right or obligation against you upon notice to you. Upon such assignment, the assignee shall be bound by the Terms in the same manner as Pop-call.com shall cease to have any liability to you.
If you have a comment about one of our services; you may file a complaint with us. To file a complaint with us via Email: email@example.com. Address: 1717 S. Hoover St. Suite 101, Los Angeles, CA 90006