Terms and Conditions

These terms and conditions apply to the Popularisimo application (or ThePopWeb in English) for mobile devices and also to the website of the same name (both hereinafter referred to as the "Application"), created by Infotracking Online Shopping (hereinafter referred to as the "Service Provider") as a free service.

By downloading or using the Application, you accept and agree to be bound by the terms and provisions of this agreement. Furthermore, when using the Application's individual services, you will be subject to any applicable rules or usage guidelines posted for those services. Any participation in this service constitutes acceptance of this agreement. If you do not agree to abide by the foregoing, please do not download or use the Application. It is strongly recommended that you read and understand these terms carefully before using the Application.

The Application and its components are offered solely for informational, socializing, and e-commerce purposes, as protected and permitted by law, in accordance with the rules set forth in our terms and conditions, as well as our privacy policies. The Application is not responsible for the accuracy, usefulness, or availability of any information transmitted or made available through it. It is also not responsible for any errors or omissions in such information.

The Application and its original content, features, and functionality are the property of the Service Provider and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unauthorized copying or modification of the Application, any part of it, or our trademarks is strictly prohibited. Any attempt to extract the source code of the Application, translate it into other languages, or create derivative versions is prohibited. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application are owned by the Service Provider.

The Service Provider is committed to ensuring that the Application is as useful and efficient as possible. Therefore, it reserves the right to modify the Application or charge for its services at any time and for any reason. The Service Provider guarantees that any charges for the Application or its services will be clearly communicated to you.

The Application stores and processes the personal data you have provided to the Service Provider to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advises against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by your device's official operating system. Such actions could expose your phone to malware, viruses, and malicious programs, compromise security features, and cause the Application to malfunction or not functioning at all.

Similarly, the Service Provider cannot always assume responsibility for your use of the Application on any personal, third-party, or public device. For example, it is your responsibility to ensure that the device remains charged. If your device runs out of battery and you cannot access the Service, the Service Provider is not responsible.

Please note that the Application uses third-party services with their own Terms and Conditions. Below are links to the Terms and Conditions of the third-party service providers used by the Application:

• Google Play Services

Please note that the Service Provider is not responsible for certain aspects. Some features of the Application require an active internet connection, which may be wifi or provided by your mobile phone provider. The Service Provider is not responsible if the Application does not function at full capacity due to a lack of wifi access or weak internet signals, or if you have exhausted your data limit.

If you use the Application outside of a wifi zone, please note that your mobile phone provider's contract terms apply. Therefore, you may incur charges from your mobile phone provider for data usage while connected to the Application, or charges from third parties. By using the Application, you accept responsibility for such charges, including data roaming charges if you use it outside your territory (i.e., region or country) without disabling data roaming. If you are not responsible for paying the bill for the device on which you use the Application, it is assumed that you have obtained permission from the data provider.

Regarding the Service Provider's responsibility for your use of the Application, it is important to note that, while we strive to ensure that it is up-to-date and accurate at all times, we rely on third parties to provide us with information to make it available to you. The Service Provider is not liable for any direct or indirect loss you may suffer as a result of relying entirely on this functionality of the Application.

You should also keep in mind that most of the content displayed by the Application was created by other users, and it cannot verify at any time that this information is accurate. Therefore, it is necessary from the outset to treat this information as fictitious unless it is explicitly verified and this verification appears visibly next to the content.

The Service Provider may update the Application from time to time. The Application is currently available in accordance with the operating system requirements (and any additional systems to which they choose to extend the availability of the Application), but may need to be updated in the future, and you must download updates if you wish to continue using it. The Service Provider does not guarantee that it will always update the Application to keep it relevant to you or compatible with the version of the operating system installed on your device. However, you always agree to accept the application updates when offered to you. The Service Provider may also stop providing the Application and terminate your use of it at any time without prior notice. Unless they inform you otherwise, in the event of termination, (a) the rights and licenses granted to you in these terms will terminate; (b) you must stop using the Application and (if necessary) delete it from your device.

The trademarks, logos, service marks, and registered trademarks (collectively, the "Trademarks") displayed on the Application or in the content available through the services provided by the Application are registered and unregistered Trademarks of Popularisimo.com and others, and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders in any way that is likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks other than Popularisimo.com's that appear on the Application or in the content available through the services provided by the Application, if any, are the property of their respective owners. Nothing contained on the Application should be construed as granting, by implication, rejection, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Popularisimo.com. The misuse of the Trademarks displayed on the Application or on or through any of the Application's services is strictly prohibited. The use of any Trademark without permission from the Service Provider is also prohibited.

The Service Provider reserves the right, but has no obligation, to monitor and/or review all materials posted to the Application or through the services or features of the Application by users, and the Service Provider is not responsible for any such materials posted by users. However, the Service Provider reserves the right at all times to disclose any information that is necessary to satisfy any applicable law, regulation, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that, in the Service Provider's sole discretion, are objectionable or in violation of these Terms of Use, the policies of the Application, its services, or applicable law. We may also impose limits on certain forum features or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions, or applicable law, or for any other reason without notice or liability.

The Application, including, without limitation, all its services, content, functions, and materials provided through it, are provided "as is," "as available," without warranty of any kind, either expressed or implied, including, without limitation, any warranty regarding information, data, data processing services, unlimited or uninterrupted access, any warranty regarding the availability, interpretability, non-interpretability, accuracy, precision, correctness, perfection, completion, usefulness, or content of information, and any warranty of title, non-infringement, merchantability, or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. The Service Provider does not warrant that the Application or the services, content, functions, or materials provided through it will be timely, secure, uninterrupted, or error-free, or that defects will be corrected. The Service Provider makes no warranty that the Application or the services provided will meet user requirements. No advice, results, or information, whether oral or written, obtained by you from the Service Provider through any service will create any warranty not expressly stated herein. The Service Provider also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer equipment on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video content, or audio content from the Application. If you are dissatisfied with the Application, your sole remedy is to discontinue using it.

Without limiting the foregoing in this section, the Service Provider and its affiliates, suppliers, and licensors make no warranties or representations with respect to any product or service ordered or provided via the Application, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or service literature, frequently asked questions documents, and otherwise in the Application or in correspondence with the Service Provider or its agents. Any products or services ordered or provided via the Application and provided directly by the Service Provider are provided "as is," except to the extent, if applicable, otherwise set forth in a separate written license or sales agreement between you and the Service Provider or an authorized agent of the Service Provider's licensor.

Likewise, it is necessary to state the following: A small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or drawings that may appear in video games or other electronic or online content. Even people with no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" when viewing video games or other electronic content. These seizures have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of consciousness, twitching of the eyes or face, altered vision, or jerking or twitching of the arms or legs. If you experience any of the aforementioned symptoms, or if you or your family have a history of seizures or epilepsy, you should immediately stop using the Application and consult a doctor.

The Service Provider controls and operates the Website from its offices in Curaçao, and is subject solely to its jurisdiction; Any dispute arising through legal proceedings must be resolved before the courts and authorities of that locality. You, as a user, supplier, or interested party, fully assume that any action, inquiry, or dispute you wish to bring as a user, supplier, or interested party must be carried out, formulated, and filed in accordance with Curaçao law, in accordance with your jurisdiction, and before the competent Curaçao authorities.

Likewise, it is understood that we do not represent suppliers, sellers, or advertisers of products and services offered on the Application, nor do we guarantee that the products and services offered on the Application are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with their local laws, to the extent they are applicable.

You agree to defend, indemnify, and hold harmless the Service Provider and its directors, employees, and agents from any and all claims, liabilities, costs, and expenses of any kind, including attorneys' fees, incurred by you as a result of your use of the Application, your posting or transmission of any message, content, information, software, or other materials through the Application, or due to your breach or violation of the law or these Terms and Conditions. The Service Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Service Provider in the defense of such claim.

Security

Every user agrees to comply with the following rules:

1. You will not post unauthorized commercial communications (such as junk mail, "spam") on the Application.
2. You will not collect information or content from other users or access the Application using automated means (such as harvesting robots, other types of robots, spiders, or web scrapers) without our prior permission.
3. You will not engage in illegal multi-level marketing, such as pyramid schemes, on the Application.
4. You will not upload viruses or malicious code of any kind.
5. You will not request login information or access an account belonging to another user.
6. You will not harass, intimidate, or bully any user.
7. You will not post content that is hurtful, intimidating, pornographic, explicit, that incites violence, or contains nudity or graphic or gratuitous violence.
8. You will not develop or use third-party applications that contain, advertise, or otherwise promote content related to alcohol or dating, or that is directed to an adult audience (including advertisements) without appropriate age restrictions.
9. You will not use the Application for any unlawful, deceptive, malicious, discriminatory, or illegal activity, or any activity that violates local or international laws, and you will not post content that promotes such activities.
10. You will not take any action that could disable, overburden, or impair the proper functioning or appearance of the Application, such as a denial-of-service attack or disruption of the presentation of pages or other functionality of the Application.
11. You will not facilitate or encourage violations of this Statement or our policies.
12. You will not use any viruses, ransomware, or other software designed to damage or disrupt the operations of the servers that manage the Application or the services provided by it, or to cause damage to the reputation of the Service Provider.

Regarding Registration Information

Every user agrees to comply with the following stipulations:

1. You will not provide false personal information in the Application, nor create accounts for others without their authorization.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal biography for your own commercial benefit, but will use a personalized page of the Application for that purpose.
5. You will not use the Application if you are under 13 years of age.
6. You will not use the Application if you have been convicted of a sexual offense.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password or virtual key (or, in the case of developers, your secret key and/or virtual key), you will not allow anyone else to access your account, or do anything that could jeopardize the security of your account.
9. You will not transfer your account (including any page or application you manage) to anyone without our prior written consent.

Protection of Others' Rights

All users must also comply with the following provisions:

1. You will not post content or take any action on the Application that infringes or violates the rights of others or violates the law in any way.
2. We may remove any content or information you post on the Application if we believe it violates this Statement or our policies.
3. If we remove your content due to infringement of another person's copyright and you believe it was a mistake, you will have the opportunity to appeal the decision.
4. If you repeatedly infringe another person's intellectual property rights, we will disable your account if appropriate.
5. If you collect information from users, you must obtain their prior consent, make it clear that you (and not the Application or Service Provider) are collecting the information, and publish a privacy policy that explains what data you collect and how you will use it.
6. You will not publish the identification documents or sensitive financial information or other type of personal information of any person or organization on the Application without their written consent.
7. You will not publish content that may cause harm or damage to others, including, but not limited to, bullying, intimidation or defamation, that promotes hatred or discrimination, or that promotes child abuse.

Posts (also called articles) are the responsibility of their authors. Comments posted by visitors are their own responsibility, and if any of them violate the minimum rules of respect for others and good manners, they will be deleted by the Administrator without waiting for their consent.

The Application does not use cookies, but the third-party services with which it operates may use cookies and have their own cookie usage policies.

The Service Provider reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes to the Terms and Conditions will be effective when posted. Your continued use of the Application and/or the services made available on or through the Application after any changes that have been posted will be deemed acceptance of those changes. Therefore, we recommend that you review this page periodically to stay informed of any changes.

We may terminate your access to the Application without cause or notice, which may or may not result in the seizure and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

The Service Provider may terminate, change, suspend, or discontinue any aspect of the Application or its services at any time. The Service Provider may restrict, suspend, or terminate your access to the Application and/or its services if we believe you are in breach of our terms and conditions or applicable laws, or for any other reason without notice or liability. The Service Provider maintains a policy that provides for the termination, in appropriate circumstances, of the Application use privileges for users who are repeat infringers of intellectual property rights.

These terms and conditions are effective as of January 1, 2025.

If you have any questions or suggestions regarding these Terms and Conditions, please feel free to contact the Service Provider at webmaster@popularisimo.com.