2. Web Site Terms of Use

    PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.

    This Web Site Use Agreement ("Agreement") is entered into by you, and GlobalPOPs Media Services Inc., doing business as GlobalPOPs VoIP, (“GLOBALPOPS VOIP”) and sets forth the terms and conditions under which you use this Web Site and under which GLOBALPOPS VOIP agrees to your use of the Web Site. By using GLOBALPOPS VOIP’S Web Site, you agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE WEB SITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS SITE.

    1. 1. Unauthorized Use. Without the express prior written authorization of GLOBALPOPS VOIP, you may not:
      • (a) Use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or other data gathering and extraction tools, scripts, applications, or methods on this site;
      • (b) Use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein;
      • (c) Take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;
      • (d) Decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server;
      • (e) Use any meta tags or any other "hidden text" utilizing the GLOBALPOPS VOIP name, fictitious name, or any GLOBALPOPS VOIP trademark without GLOBALPOPS VOIP’S prior written consent;
      • (f) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of GLOBALPOPS VOIP.

        GLOBALPOPS VOIP reserves the right to modify, reject or eliminate any information residing on this Web Site or transmitted to the server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions, and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions.

    2. 2. Third Party Administrator. This Web Site is hosted and administered by a third party provider (“Administrator”). Under no circumstances shall the hosting or administration of this website constitute an agency, employment, joint venture, partnership, representation or fiduciary relationship between GLOBALPOPS VOIP and the Administrator. The Administrator assumes no responsibility or liabilities for the content found herein or services and products advertised hereon.
    3. 3. Proprietary rights. The Content of the Web Site may contain other proprietary notices or describe products, services, processes or technologies owned by GLOBALPOPS VOIP or third parties. All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and on this Web Site (including but not limited to, software and any images, photographs, animations, video, audio, music, and text) are owned by GLOBALPOPS VOIP, its affiliates, suppliers or third parties. All title and intellectual property rights in and to the information and content which may be accessed through use of the GLOBALPOPS VOIP Web Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of GLOBALPOPS VOIP or any third party.
    4. 4. Monitoring and Disclosure. GLOBALPOPS VOIP is under no obligation to monitor the Content and any other information residing on this Web Site or transmitted to the server. However, anyone using this Web Site agrees that GLOBALPOPS VOIP may monitor its content periodically to (1) comply with any necessary laws, regulations or other governmental requests; and (2) to operate the server properly or to protect itself and its users. GLOBALPOPS VOIP reserves the right to modify, reject or eliminate any information residing on this Web Site or transmitted to the server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions, and may suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user is illegal and GLOBALPOPS VOIP reserves the right to take legal action.
    5. 5. Disclaimer of Liability. THE USER OF THIS WEB SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE, THE SERVER AND THE INTERNET GENERALLY, GLOBALPOPS VOIP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS WEB SITE, THE SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GLOBALPOPS VOIP DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THIS OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE AND THE SERVER. IN NO EVENT SHALL GLOBALPOPS VOIP OR ITS AFFILIATES, OR PARENT COMPANIES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDERS OF THE SAME, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT OF THIS WEB SITE, THE SERVER OR THE INTERNET GENERALLY.
    6. 6. No Warranties. ANY MATERIAL ON THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT ON THIS WEBSITE AND THE SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY GLOBALPOPS VOIP, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER GLOBALPOPS VOIP NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THIS WEB SITE AND SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE AND SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    7. 7. Disclaimer of Endorsement. Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by GLOBALPOPS VOIP. Product and service information is the sole responsibility of each individual third party. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. GLOBALPOPS VOIP has no control over third party networks or websites that you may access in the course of your use of this Website and is not responsible for the practices or the content of such other websites.
    8. 8. Changes. Without prejudice to any other rights that GLOBALPOPS VOIP may have, GLOBALPOPS VOIP reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide this Web Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or GLOBALPOPS VOIP terminate this Agreement, you must immediately stop using this Web Site. Further, without prejudice, GLOBALPOPS VOIP may modify all or part of this Agreement at any time without prior notice. You should check the site for such changes frequently. Your continued access of the Web Site after such changes conclusively demonstrates your acceptance of those changes.
    9. 9. Indemnification. You agree to defend, indemnify and hold harmless GLOBALPOPS VOIP and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by you (or any parties who use your computer, with or without your permission, to access the GLOBALPOPS VOIP Web Site); (b) the use of the GLOBALPOPS VOIP Web Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your computer to access the GLOBALPOPS VOIP Web Site, with or without your permission); (c) negligent acts, errors, or omissions by you (or any parties who use your computer to access the GLOBALPOPS VOIP Web Site, with or without your permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active gross negligence or willful misconduct of GLOBALPOPS VOIP or another party; or (e) claims for infringement of any intellectual property rights arising from the use of the GLOBALPOPS VOIP Web Site or the Internet.
    10. 10. Governing Law. Except for trademark and copyright matters governed by the federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Pennsylvania, without regard to the principles of conflict of law thereof. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
    11. 11. Information Warranty. By transmitting, uploading, posting or submitting any information or material using the Web Site Tools, you (i) represent that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrant that no other party has rights to the information and that your transmission, posting, uploading or submission of the information does not violate any copyright or other laws.
    12. 12. Third Party Links. This Web Site contains third party links and it is provided by GLOBALPOPS VOIP only as a convenience to its users. Nothing contained in this Web Site shall be construed to constitute or create a joint venture, partnership, agency, employment, representation or fiduciary relationship between GLOBALPOPS VOIP and such third parties. Such third parties shall have no authority to, in any way, bind GLOBALPOPS VOIP. Any web sites linked to or from the GLOBALPOPS VOIP Web Site are not reviewed, controlled, or examined by GLOBALPOPS VOIP and GLOBALPOPS VOIP is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the GLOBALPOPS VOIP Web Site does not imply endorsement of the linked site or content by GLOBALPOPS VOIP. In no event shall GLOBALPOPS VOIP be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.
    13. 13. Applicability. The terms of this Agreement apply only to your use of this Web Site and the server and do not apply to your use of any other GLOBALPOPS VOIP products or services. The terms and conditions applicable to such other GLOBALPOPS VOIP products or services shall apply to and govern your rights and obligations (and GLOBALPOPS VOIP’S) with respect to your use of such other products or services.