Lastupdated: 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”). These Terms include aprovision for dispute resolution, requiring that both you and TTYL agree toresolve disputes through mandatory arbitration, and that we both waive anyright to participate in a class action lawsuit or classwide arbitration. Your access to and use of the Service isconditioned upon your acceptance of and compliance with these Terms and to bebound by them. These Terms apply to all visitors, users and others who wish toaccess or use the Service. By accessing or using the Service you agree to bebound by these Terms. If you disagree with any part of the Terms then you donot have permission to access the Service. We may amend the Terms from time totime and we will provide notice of any material changes on www.poparazzi.comand, if we have an email address for you, we will send you an email advisingyou of any material changes to the Terms. Continued use of the Serviceconstitutes acceptance of any amendments to the Terms. This Service isavailable only to those individuals who are the age of majority in theirrelevant jurisdiction.
2. COMMUNICATIONS
By creating an Account on our service, you agree to subscribe tonewsletters, marketing or promotional materials and other information we maysend. However, you may opt out of receiving any, or all, of thesecommunications from us by following the unsubscribe link or instructionsprovided in any email we send.
3. CONSENT TO SEND TEXT MESSAGES
The Service provides functionality that allows you to invite yourfriends to download the POPARAZZI mobile application. In order to do so, youmust affirmatively select the friends you would like to invite to join thePOPARAZZI community. You must provide the telephone number associated with yourfriends’ wireless devices in order to invite them to join POPARAZZI. You caneither manually provide the number during the invitation process or select fromyour contacts the individuals you would like to invite. There is a standard,non-commercial text message that the people you invite will receive with anactive link that when selected will allow those people to download the freePOPARAZZI mobile application. You can also customize the invitational text butan active link will be included in your message to ease the download of thefree POPARAZZI mobile application. You acknowledge that you understand thatwhen you send invitational text messages to the people you invite to join theService you are considered the sender of the text message under relevant law.YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE HAS CONSENTED TO RECEIVETEXT MESSAGES FROM YOU INCLUDING THE INVITATIONAL TEXT MESSAGE YOU ELECT TOSEND 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 tothose parties that you tag in a photo on POPARAZZI. Specifically, once youelect to tag a person in a photo, we will send an informational text message tothe person you tagged. The informational text messages that we cause to be sentwill include instructions on how recipients can stop receiving such textmessages from POPARAZZI. BY SIGNING UP TO USE THE SERVICE, YOU AGREE TO RECEIVETEXT MESSAGES FROM POPARAZZI AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOUTAG 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, textmessages sent and received by you, or by us on behalf of you, may be subject tostandard text messaging rates if you or the recipient does not have a planallowing for unlimited text messages from your mobile wireless carrier. Suchfees could apply both to sending and receiving text messages. Please contactyour underlying carrier to determine whether there are fees associated withtext messages as part of you plan and for information as to the cost for suchtext messages if you have any questions.
6. CONTENT
Our Service allows you to post, link, store, share and otherwise makeavailable certain information, text, graphics, videos, or other material(“Content”). Content may also be sharedthrough the Service’s feature that permits private messaging and group chatsamong persons associated with a photo. Youare responsible for the Content that you post on or through the Service,including its legality, reliability, and appropriateness. By posting Content onor through the Service, You represent and warrant that: (i) the Content isyours (you own it) and/or you have the right to use it and the right to grantus the rights and license as provided in these Terms, and (ii) that the postingof your Content on or through the Service does not violate the privacy rights,publicity rights, copyrights, trademarks, contract rights or any other rightsof any person or entity. We reserve the right to suspend and/or terminate theaccount of anyone found to be infringing on a copyright, trademark, right toprivacy or publicity, or any other right. You retain any and all of your rightsto any Content you submit, post or display on or through the Service and youare responsible for protecting those rights. We take no responsibility andassume no liability for Content you or any third-party posts on or through theService. However, by posting Content using the Service you hereby grant us theright and license to use, modify, publicly perform, publicly display,reproduce, and distribute such Content on and through the Service. You agreethat this license includes the right for us to make your Content available toother users of the Service, who may also use your Content subject to theseTerms. TTYL has the right but not the obligation to monitor, edit or delete all Content provided by users at any time. Inaddition, Content found on or through this Service are the property of TTYL orused with permission. You may not distribute, modify, transmit, reuse,download, repost, copy, or use said Content, whether in whole or in part, forcommercial purposes or for personal gain, without express advance writtenpermission 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 willcommunicate with you by text message, e-mail or by push notifications throughthe Service. You agree that all agreements, notices, disclosures and othercommunications that we provide to you electronically satisfy any legalrequirement that such communications be in writing.
8. ACCOUNTS
When you create an account with us, you represent, warrant and covenantthat the information you provide us is accurate, complete, and current at alltimes. Inaccurate, incomplete, or obsolete information may result in theimmediate suspension or termination of your account on the Service. You areresponsible for maintaining the confidentiality of your account and password,including, but not limited to, the restriction of access to your computerand/or account. You agree to accept responsibility for any and all activitiesor actions that occur under your account and/or password, whether your passwordis with our Service or a third-party service. You must notify us immediatelyupon becoming aware of any breach of security or unauthorized use of youraccount. You may not use as a username the name of another person or entity orthat is not lawfully available for use, a name or trademark that is subject toany rights of another person or entity other than you, without appropriateauthorization. You may not use as a username any name that is offensive, vulgaror obscene in our sole discretion.
9. PRIVACY
The Poparazzi Privacy Policy is incorporated and made part of theseTerms. You hereby agree to such Privacy Policy. Any personal data(for example, your name, telephone number or email address) or any otherinformation that you voluntarily share with the Service, like your friend’sname, email address and telephone number, that you transmit to the Service byelectronic mail or otherwise will be used by TTYL in accordance with thePrivacy Policy. Any other communication or material you transmit to theService, such as questions, comments, suggestions or the like, will be treatedas non-confidential and non-proprietary.
10. TRADEMARKS
The following trademarks are our property: POPARAZZI, and ourcompany 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, andsoftware (but excluding Content provided by users), is the property of TTYL orits content suppliers and protected by United States and internationalcopyright laws. The compilation of all content on the Service is the exclusiveproperty of TTYL and protected by United States and international copyrightlaws. All software used on the Service is the property of TTYL or its softwaresuppliers and protected by United States and international copyrightlaws. You agree not to change or delete any proprietary notices frommaterials printed or downloaded from the Service.
12. COPYRIGHT ANOTHER INTELLECTUAL PROPERTY COMPLAINTS
TTYL respects the intellectual property of others. If you believe thatyour 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 torespond to alleged infringement notices that comply with the Digital MillenniumCopyright Act of 1998 (“DMCA”). If you believe that your copyrighted workhas been copied in a way that constitutes copyright infringement and isaccessible via the Service, please notify the copyright agent atlegal@poparazzi.com in accord with the DMCA.
For your complaint to be valid under the DMCA, you must provide thefollowing information in writing:
(i). An electronic or physical signature ofa person authorized to act on behalf of the copyright owner;
(ii). Identification of the copyrightedwork that you claim has been infringed;
(iii). Identification of the material thatis claimed to be infringing and where it is located on the our service;
(iv). Information reasonably sufficient topermit us to contact you, such as your address, telephone number, and, e-mailaddress;
(v). A statement that you have a good faithbelief that use of the material in the manner complained of is not authorizedby the copyright owner, its agent, or law; and
(vi). A statement, made under penalty ofperjury, that the above information is accurate, and that you are the copyrightowner 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 MATERIALIS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVILPENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying us thatyour copyrighted material has been infringed on the Service. The precedingrequirements 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 beadvisable to contact an attorney regarding your rights and obligations underthe DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, the Service hasadopted a policy of terminating, in appropriate circumstances, users who aredeemed to be repeat infringers. The Service may also at its sole discretion maylimit access to the service and/or terminate the accounts of any users whoinfringe any intellectual property rights of others, whether or not there isany repeat infringement.
13. EXPORT CONTROL
Software and other materials downloaded or otherwise made availablefrom the Service may be subject to United States Export Control. The UnitedStates Export Control laws prohibit the export of certain technical data andsoftware to certain territories. No software from the Service may be downloadedor exported: into (or to a national or resident of) Cuba, Iraq, Libya, NorthKorea, Iran, Sudan, Syria, or any other country to which the United States hasembargoed goods; or anyone on the United States Treasury Department's list ofSpecially Designated Nationals or the United States Commerce Department's Tableof Deny Orders.
TTYL does not authorize the use, downloading or exportation of anysoftware or technical data from the Service to any jurisdiction prohibited bythe United States Export Control Laws.
14. LINKS TO OUTSIDE PARTIES
Our Service may contain links to third party web sites or services thatare not owned or controlled by TTYL. TTYL has no control over, and assumes noresponsibility for the content, privacy policies, or practices of any thirdparty web sites or services. We do not warrant the offerings of any of theseentities/individuals or their websites. You acknowledge and agree that TTYLshall not be responsible or liable, directly or indirectly, for any damage orloss caused or alleged to be caused by or in connection with use of or relianceon any such content, goods or services available on or through any such thirdparty web sites or services. We strongly advise you to read the terms andconditions and privacy policies of any third party web sites or services thatyou visit.
TTYL does not endorse the content, or any products or servicesavailable, on such sites. Nonetheless, TTYL seeks to protect theintegrity of the Service and the links placed upon it and therefore requestsany 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 Serviceimmediately, without prior notice or liability, under our sole discretion, forany reason whatsoever and without limitation, including, but not limited to, abreach of the Terms. If you wish to terminate your account, you may simplydiscontinue using the Service. All provisions of the Terms which by theirnature should survive termination shall survive termination, including, withoutlimitation, ownership provisions, warranty disclaimers, indemnity andlimitations of liability.
16. INDEMNIFICATION
You agree to defend, indemnify and hold harmless TTYL, its relatedentities and subsidiaries, and its licensee and licensors, and their employees,contractors, agents, officers and directors (collectively the “IndemnifiedParties”), 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, butnot limited to, attorneys’ fees), incurred by the Indemnified Parties relatedto or arising out of any third party claim, whether brought by private civillitigants, federal or state officials or agencies or other governmentalofficials, based upon or related to: a) your use and access of the Service, byyou 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 claimsalleging violation of: (i) the Telephone Consumer Protection Act; (ii) federaltelemarketing laws and regulations; (iii) state telemarketing laws andregulations; or (iv) other federal, state or international laws governing textmessages or email or transmitting communications to particular kinds ofsubscribers 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 ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING,WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLELOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS ORUSE 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, USEOR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY,CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOTWE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDYSET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE TTYL PARTIES ARISINGOUT OF OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION, WHETHERIN CONTRACT, TORT, OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS ($50).
TO THE EXTENT THAT IN ANY RELEVANT JURISDICTION ANY OF THE ABOVEDISCLAIMERS OR LIMITATIONS OF LIABILITY ARE NOT PERMITTED, YOU ACKNOWLEDGE ANDAGREE THAT ANY LIABILITY (AND DAMAGES) ASSESSED TO US WILL BE LIMITED TO THELOWEST 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 riskAND YOU WILL BE SOLELY RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, DAMAGE ORHARM TO ANY OF YOUR DEVICES USED TO USE OR ACCESS the SERVICE. The Service isprovided on an “AS IS” and “AS AVAILABLE” basis. The Service is providedwithout warranties of any kind, whether express or implied, including, but notlimited to, implied warranties of merchantability, fitness for a particularpurpose, title, non-infringement of any right, rule regulation or law, or anywarranty 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 particulartime or location; b) any errors or defects will be corrected; c) the Service isfree of viruses or other harmful components; or d) the results of using the Servicewill meet your requirements. additionally, data or content stored using theservice may be lost, damaged or otherwise unrecoverable.
19. EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties orthe exclusion or limitation of liability for consequential or incidentaldamages, so the limitations above may not apply to you.
20. DISPUTE RESOLUTION—BINDING ARBITRATION
(A) Prior toinitiating any arbitration, the initiating party will give the other party atleast 60-days’ advanced written notice of its intent to file for arbitrationalong with sufficient information and documents describing and substantiatingthe controversy or claim. TTYL will provide such notice by e-mail to youre-mail address on file with TTYL you must provide such notice by e-mail to hello@poparazzi.com.During such 60-day notice period, the parties will work to settle amicably bymutual discussion. Failing such amicable settlement and expiration of thenotice period, either party may initiate arbitration. This provision is aprecondition to any arbitration demand—you or we must certify compliance whenfiling any arbitration demand. AAA isnot permitted to accept any arbitration demand without this certification.
(B) Except thateither party may file a complaint in small claims court consistent with thejurisdictional limits that apply, any controversy or claim between the partiesor arising out of these Terms or any use of the Service shall be determined byone disinterested arbitrator in binding arbitration pursuant to the Consumer ArbitrationRules of the American Arbitration Association (the “AAA”). For more informationincluding how you can file for arbitration, visit www.adr.org/. Testimonyshall be permitted by telephone, video conference and other forms of real-timetelecommunications or, at your election, arbitration can be decided on adocuments-only basis. If the arbitrator requires in-person hearings, thehearings shall be held in Los Angeles, California or within the state andcounty where you reside. Except fordemands that are dismissed summarily, where the pre-dispute process describedin (A) above has not been followed, or where a demand is determined by thearbitrator to be frivolous or brought in bad faith, we agree to pay your filingfees in connection with arbitration. Thearbitral award will be final and binding, and may be entered and enforced inany court of competent jurisdiction.
(C) WAIVER OF JURY TRIAL AND CLASS ACTIONS
BY ENTERING INTO THESE TERMS, YOU AND TTYL ACKNOWLEDGE AND AGREE TOWAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL ORTO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS ORCONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND TTYL BOTH AGREETHAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDINGOR ON A CONSOLIDATED BASIS AND YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING A CLASSACTION SUIT AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ANARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD PUBLICINJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLYTO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUALCLAIM.
(C) IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMSIS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSEALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND TTYL BOTH WAIVE, TO THEFULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS APLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS ORIN A REPRESENTATIVE CAPACITY.
21. SURVIVAL
The Dispute Resolution terms in Section 20 survive termination of youruse of the Service, the Terms themselves and the fulfillment of all our andyour obligations under these Terms.
22. GOVERNING LAW
These Terms shall be governed and construed in accordance with the FederalArbitration Act and interpreting case law. Where state law applies, the laws of California, United States, willapply without regard to its conflict of law provisions. Our failure to enforceany right or provision of these Terms will not be considered a waiver of thoserights. If any provision of these Terms is held to be invalid or unenforceableby 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 usregarding the Service.
23. SEVERABILITY
If any provision of these Terms, or any part of such provision, isfound to be unenforceable or invalid, that provision will be (to the minimumextent necessary) replaced by a valid and enforceable provision the effect ofwhich comes as close as possible to the intended economic effect of theunenforceable or invalid provision, so that these Terms will otherwise remainin full force and effect and enforceable, provided however that the provisionin Section 20(c) shall take precedence over this provision when interpretingSection 20.
23. CONTACT US
If you have any questions about these Terms, please contact us athello@poparazzi.com.