POPINK Services ("POPINK","Services") are provided by POPINK HOLDINGS. ("We" ,"Our", "POPINK") to you ("User" or "Users").
2.You should occasionally check the most updated version (found at POPINK: https:// www.popinkapp.com /), though we will make an effort to notify you when significant changes are made to these Terms of Service. POPINK Media, in its sole discretion, may change or revise these Terms of Service any time. The effect of the changes and revisions will take place after 7 days from the date of posting. No part of these Terms of Service is to be considered to confer any third party rights.
3.In an instance where our Services are used for a business, that business acknowledges these terms. POPINK Media and its employees, agents, and officers are to be held harmless and indemnified by the business from any action, claim, or suit stemming from or with relation to the usage of the Services or violation of these terms, including any expenses or liabilities arising from damages, claims, losses, suits, judgments, attorneys' fees and litigation costs.
Ability to Accept Terms of Service
1.You affirm that you are 13 years of age or older, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
2.In any case, you affirm that you are 13 or older, as the Service is not intended for people under 13. If you are under 13 years of age, then please do not use the Service.
1.Each and every user of POPINK Media's Services, which also includes contributors of Content to the Service, are subject to these Terms of Service. Scripts, graphics, photos, sounds music, videos, text, software, interactive features, audiovisual combinations and all other Content that may be accessed through or contributed to the Service are included in the “Content”. All parts of any POPINK Media product, including services and software provided by the POPINK app, POPINK website, Share, Subscribe, RSS and Embed features, Dashboard and other applications are included in the “Service”.
2.Links to third party websites which are not owned by POPINK Media may be included in the Service. POPINK Media does not assume any responsibility for, and does not have control over, the privacy policies, practices, or content of any third party websites. Moreover, any third-party site content cannot be and will not be censored nor edited by POPINK Media. In using the Service, you relieve POPINK Media from all liabilities that may arise from usage of third-party websites.
3.As a result, we urge you to read the terms and conditions and all other policies of all other websites you visit when you leave a POPINK Media Service.
POPINK Media User Accounts
1.You will have to register a POPINK Media user account to access some features of POPINK Media Services. Unauthorized usage of another user’s account is never allowed. You should provide complete and accurate information when you register a user account. You take sole responsibility for all activities that takes place in your account; therefore, keep your account password secured at all times. Contact and notify POPINK Media right away in case of unauthorized use or security breach of your account.
2.Besides POPINK Media not being liable for any losses incurred through unauthorized usage of your account, you may in fact be liable for POPINK Media’s losses incurred or others due to unauthorized use.
General Use of the Service
POPINK Media gives you permission to access and use their Services as brought forth in these Terms of Service, as long as:
1.No part of the Service are to be modified nor changed by you.
2.By using the Embed feature on your website, you are not allowed to modify, change, add upon, or prevent any parts or functionality of the Embed feature, including but not limited to links back to the POPINK website.
3.You agree by using the POPINK Media Uploader that it may automatically download and install updates occasionally from POPINK Media. The purpose of these are to improve and further develop the Uploader. These may be bug fixes, function enhancements, new software modules and completely new versions. You agree to receive such updates (and permit POPINK Media to deliver these to you) immediately as part of your use of the Uploader.
4.You are agreeing not to use automated systems, including but not limited to“offline readers”, “robots”, or “spiders”, that accesses the Service by attempting to forge the presence of a user accessing the site for the purpose of artificially increasing "pageviews," "subscribers," or "likes" or other elements that contribute to a series popularity or advancement within any programs that POPINK Media offers to users.
5.Notwithstanding the foregoing, POPINK Media allows the operators of public search engines to use spiders to copy Content from the site for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. POPINK Media reserves the right to revoke these exceptions either generally or in specific cases.
6.You agree not to collect personally identifiable information from the Service, including user account names, nor to use the communication systems provided by the Service (e.g., comments, posting) for commercial solicitation purposes.
7.You shall comply with all applicable laws in your use of the Service.
8.POPINK Media reserves the right to discontinue any part of the Service at any time.
Your Content and Conduct
1.You may submit Content to certain POPINK Media Services (e.g. comics, images, animated gifs, links and user comments) as a POPINK Media product account holder. You understand that POPINK Media does not guarantee any confidentiality with respect to any Content you submit.
2.You are solely responsible for your own Content and the consequences of submitting and publishing your Content on a POPINK Media Service.
3.By submitting and/or publishing Content through the Service, you hereby affirm, represent, and warrant that you (1) have the necessary licenses, rights, consents, and permissions to do so; and (2) all such Content are your original works and have not been copied, in whole or in part, from another work and do not misappropriate, infringe, or violate any copyright, trademark or other proprietary right of any other person or entity; and (3) agree POPINK Media also has the right to use the content.
4.You also agree that you will not submit Content to a POPINK Media Service that contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission or are legally entitled to post the Content and to grant POPINK Media all of the license rights.
5.You also agree that the Content you submit to the Service are not against or contrary to the POPINK Media Content and Community Guidelines, found at http://api.popinkapp.com/api/disclaimer/serverIndex, which may be occationally updated, or contrary to local, national, and international laws and regulations.
6.POPINK Media does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and POPINK Media expressly disclaims any and all liability in connection with Content. POPINK Media does not allow copyright infringing activities and infringement of intellectual property rights on the Service, and POPINK Media will remove all Content if properly notified that such Content infringes on another's intellectual property rights. POPINK Media reserves the right to remove Content without prior notice.
Content and Community Guidelines
1.Here are a few easy-to-understand rules:
a.Respect copyright: You may only upload content you made or have permission to use. You take full responsibility for all activities associated with your account, including any content you post.
b.Criticize constructively: When feedback is done with respect, it can be a great tool to make new friends and help others improve. Rather than a destructive way, share your thoughts constructively and focus on the content too rather than the creator
c.Prevent bullying: Promote friendship. Encouraging bad behaviour (e.g. abusive, demeaning, threatening) within the community will not be tolerated. Do not ask your subscribers or friends and/or mobilize your social media followers to harass someone on other sites (like Tapas) or elsewhere.
d.Protect privacy: Unauthorized sharing of someone's personal details will not be allowed. This includes sensitive information such as real names, photos, phone numbers, home or email addresses, private conversations, and/or other safety-compromising information.
2. A Equal Environment for Communication
a. A reminder to creators: POPINK is a platform where creators can directly communicate with readers and other creators. We are aware that, as a creator, you need to develop more readers to read your comics, which sometimes could be a tough job. But please make sure that you won’t publish any spam messages or private message etc. to require others to read or subscribe to your comics, or even ask readers to send you money. The best way to sell yourselves and establish a healthy interpersonal relationship is to improve your self-worth instead of being a pain in the butt.
b. A reminder to users: We, POPINK, hope to build a place where users can communicate with each other. We hope that you can comment nicely and friendly. If you find any user or comment offensive, please contact us via Feedback section. We will deal with it promptly.
1. Mature Content
a. POPINK allows content for mature readers to contain violent images; vulgar or obscene language, minor physical exposure, etc., as long as they are subject to POPINK' Mature Content Filter. Our main purpose is not to encourage users to read such content. But in the process of creating, it is inevitable that these elements will be included, which is normal. As long as the creator does not intentionally encourage the readers to read the content, we think it is acceptable. Pornography is prohibited.
b. When you are POPINK, it is important to understand the author's intentions. In some chapters, there may be content that causes discomfort. For example: violent fighting, vulgar language, slightly naked characters, offensive storylines, etc. Please believe that these plots appear only to promote the development of the story. As you continue to read the story, you will have a more complete understanding of the story.
c. Of course, if your age is not suitable for POPINK mature content, POPINK will not allow you to read the content. POPINK has an Mature Content Filter where we put age tag for all comic content. Users from different countries and ages will use the system to read content that is only suitable for their age.
d. POPINK' Mature Content Filter tags all content. However, there are some unexpected situations. If you have any suggestion on the content marked by the age-restricted POPINK system. Please contact us via Feedback section on our app and we will keep you informed of your feedback.
e. Thumbnails, covers, and banners: Content elements that cannot be blocked with Mature Content Filters must be appropriate for the general audience, as such content can appear anywhere and people may be in direct contact. If you have questions about some of the content elements, please contact us via Feedback section on our app and we will keep you informed of your feedback.
Feedback and Implementation
a.You may not like what you see on POPINK, and you may encounter content that makes you feel unpleasant or disagreeable. Usually, you can ignore it and avoid sharing it with others. However, if you are experiencing content that violates the content guidelines, please contact us via Feedback section on our app and we will deal with it promptly.
b.If you find that some people’s behavior violates the regulations. For example: someone infringing copyright, please let us know. The POPINK staff will review your report and we will assess whether it violates the regulations or is inappropriate. If we determine that there is a problem, we will notify the account owner and let them know what steps need to be taken to fix it. In extreme cases, we will either delete the content directly or suspend the account without warning.
c.Please understand that everyone's views may be different. What you find unacceptable may not necessarily unacceptable as well to others, nor is it a violation of our regulations. We try to maintain a fair and open way to deal with problems. Your report will not be dealt with after we review it carefully, but weI hope that you can further communicate with us about your opion.
2.Examples of strictly prohibited content include:
a.Content we consider to be dangerous or those which encourage illegal or injurious activities, like provoking others to commit violent, destructive, self-sabotaging acts.
b.Content that are hateful and promotes or encourages violence or discrimination against a person or group based on race, cultural or ethnic background, creed, disability, sexual orientation or gender identity, and so on.
c.Content with malice which exposes users to harmful websites or software. You are responsible for the safety and validity of all outgoing links you post.
POPINK Media does not claim ownership rights of your Content. Your Content are yours and POPINK Media does not restrict you from using your Content for any purpose, unless stated in additional terms for other programs POPINK Media may provide.
1.By enabling POPINK Media to make your Content available on our platforms, you grant POPINK Media an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish through our platforms for the commercial purpose of digital publication on our website, through mobile devices, through digital sharing methods and through other digital means currently existing or not yet invented.
2.You may be compensated for Content published through one or more of our platforms if you have agreed to participate in one or more of POPINK Media's Programs, defined herein the document. POPINK Media does not claim ownership right in your Content when you participate in our POPINK Media Programs.
3.Unless you give us permission, POPINK Media will not redistribute nor sell your Content to third party licensees(except POPINK Media). Advertisements on POPINK Media platforms from direct advertisers or third parties may be served with Content. In an instance where POPINK Media offers an opportunity for Content owners to potentially benefit from compensation outside of POPINK Media platforms, such as licensing for merchandising, publication through non-POPINK Media channels, making a movie or other licensing opportunities, a separate agreement with the third party and your full consent would be required.
4.For the purpose of promoting, publicizing, marketing and furthering the success of your Content and POPINK Media as a whole, you allow POPINK Media an ongoing, non-exclusive, worldwide, royalty-free license and right, but not obligation, to utilize Content that you publish on a POPINK Media platform, or give to POPINK Media, and your user persona including, but not limited to, your name, likeness, and biographical information for promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press, posting Content to social channels, or printing samples of Content for distribution at conventions.
POPINK Media Programs
1.Ad Revenue Program
a.When users visit our website, direct advertisers or third-party advertising companies are used to serve ads. Except for your name, address, email address or telephone number, these companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
2.Virtual Currency and Purchases
a.Viewing content on POPINK Media's platform(s) may give you an opportunity to visit an in-app or online store. By accessing these stores, you may have the opportunity to use an online "currency" to license various virtual goods, such as episodes of a story. You may also be awarded virtual Coins or other currencies to use for virtual "shopping." These currencies do not have a "real world" value, but may be exchanged for designated items. Some items have expiration dates while others do not. Items obtained by using virtual currencies will be added in your account until before the item's expiration date, your account's expiration or termination date, or such a time when the platform is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THE VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP/ RIGHTS IN THE ITEMS OBTAINED WITH THE VIRTUAL CURRENCY. POPINK Media does not have any liabilities for loss of your items from your account, but will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. Prices and availability of the items are subject to change without prior notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in any POPINK Media platform, in whole or in part, to any third person or entity whatsoever in return for anything of value (including "real" money) or otherwise. You further agree that any virtual currency you receive on any of POPINK Media's platforms is not "real" currency or any type of real world financial instrument. Furthermore, it is not redeemable for any sum of money from POPINK Media at any time.
b.POPINK Media is thankful for your support in using our services. POPINK Media would not have been able to provide you the services we have built and improved upon since 2012 without your participation and purchases . Your purchases and trust, most importantly, are very significant for us and we truly want your experience to be the best possible.
c.POPINK Media does not own the content we license to our readers in most cases. With that being the case, there may be times when the content you have paid to view is removed by the content owners from our platform before you have had a chance to view it. If you have made a purchase to view content that is removed within 7 days of your purchase and haven’t had the chance to view it, please contact [email protected] with the subject CONTENT REMOVED BEFORE VIEWED, and we will cooperate with you to replace your unlocked and unread episodes for POPINK Coins.
1.You have the right to opt out of the Services at anytime by removing your Content or by sending a written notification with the subject line "Opt Out Notice" to POPINK Media via email at [email protected]
2.Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to POPINK Media, the program or any other users (in each case as determined by POPINK Media's sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment.
3.POPINK Media will terminate a user's access to the Service if the user is identified to be a repeat infringer, under appropriate circumstances, .
4.POPINK Media reserves the right to decide whether Content violates these Terms of Service for reasons besides copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. POPINK Media at any time, without prior notice and in its sole discretion, reserves the right to remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information by mail to 61 Wanghai Road,Plan Ⅱ of Software Park,Siming District,Xiamen City,Fujian Province,China or by email with the subject line "Copyright" to [email protected] in writing (see 17 U.S.C 512(c)(3) for further detail):
a.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c.Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information sufficient to permit the service provider to locate the material;
d.Information sufficient to allow the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f.A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By failing to comply with all of the requirements of this Section, you acknowledge that your DMCA notice may not be valid.
2.Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice by either of the methods outlined containing the following information:
a.Your physical or electronic signature;
b.Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
c.A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by POPINK, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 7 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 30 business days or more after receipt of the counter-notice, at our sole discretion.
Warranties and Disclaimers
1. POPINK Media will not make specific promises about the Service other than as expressed in these terms or in additional terms; for example, POPINK Media will not make any commitments about the content within the service, the specific function of the Service or their reliability, availability, or ability to meet your needs. The Service is provided by POPINK Media AS IS.
2. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Limitation of Liability
1.The Service will be governed, construed and interpreted under the laws of the United States. Members are bound by these Terms of Service and by the decisions of POPINK Media, which are all final. POPINK Media reserves the right to discontinue or suspend user accounts and any benefits should viruses, bugs, unauthorized human intervention, or other causes beyond our control affect the administration, security, or proper handling of the benefits, or POPINK Media otherwise becomes incapable of running the program as planned, as determined in its sole discretion. In the instance of bankruptcy, POPINK Media reserves the right to deny all benefits and obligations that it may have.
2.POPINK Media will not be responsible for lost profits, revenues, or data/financial losses, or indirect, special, consequential, exemplary, or punitive damages when permitted by law.
3. To the extent permitted by law, the total liability of POPINK Media for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service.
4.In all cases, POPINK Media will not be liable for any losses nor damages that is not reasonably foreseeable.
5.Further agreements between you and POPINK Media supersede these Terms of Service, in case of conflicts or inconsistencies.