Please note that the ChatPOP Software, as most Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the ChatPOP Software and the Internet in general, you may be subject to various
risks, including among others: Exposure to objectionable material and/or parties, including without limitation, contaminated files.
Unauthorized invasion of your privacy during, or as a result of, your or another's use of the system.
Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan
horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful.
Unauthorized exposure of information and material you listed or sent, on or through the ChatPOP system, to other users, the general public or any other specific entities for which the information and material was not intended by you.
If you do not wish to be subjected to these risks, you are advised not to use the ChatPOP Software. Furthermore, please do not use the ChatPOP Software for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of
this section "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to
Internet users.
For the ChatPOP Software's terms of service please review the following license agreement, the privacy policy, the acceptable use policy, the usage notices and any other terms of service document available on or through
http://www.chatpop.com/legal/.
European Union ChatPOP users understand and consent to the processing of personal information in the United States.
This software ("Software") is being licensed to you by Quarterview Inc. in A TIME LIMITED FREE BETA VERSION ONLY and is provided on an "AS IS" basis, for your private personal use only. Any reference made in this agreement to Quarterview Inc. shall be
deemed to have been made to Quarterview Inc., its subsidiaries, successors, assignees, affiliates as well as any company that controls Quarterview Inc., directly or indirectly, and any other subsidiary of that controlling company. You agree not to
extract information from the ChatPOP directories and databases, reverse engineer, decompile, disassemble, alter, duplicate, make copies, distribute or provide others with the ChatPOP software, the ChatPOP communications protocol or any information
available on, derived or extracted from the ChatPOP directories and databases or any part thereof. By accepting the terms of this license agreement you agree that Quarterview Inc. is permitted to limit, deny, create different priorities to different
users, or cancel some or all of the functionality of this Software at any time, without prior notice. As part of this Software, Quarterview Inc. is granting you limited access to the ChatPOP network, system, Web site, servers, various directories
and listings, message boards, tools, information and databases, Commercial Activities related thereto or any part thereof (together with the ChatPOP software or any part thereof herein known as the "ChatPOP Services and Information"). The ChatPOP
Services and Information or any part thereof, may also be accessible by other software applications and may be published on the ChatPOP Web site, its servers, including various ChatPOP directories and listings. Quarterview Inc. makes no warranties or
guarantees as to the availability or reliability of the ChatPOP Services and Information to you or to any other user.
The Software, the ChatPOP Services and Information functionality or any part thereof including without limitation, the access to the ChatPOP Services and Information granted to you or to any other user, may be changed, limited or terminated at any time,
temporarily or permanently, without prior notice, for any reason or no reason by Quarterview Inc. in its sole discretion ("Changes of Functionality"). Quarterview Inc. may elect to introduce or grant different grades of service and listings policies,
different levels of access or no access at all and different priorities to different users or to different functions, or to users of different versions of the Software., or introduce new features in this or in future versions of the Software that
may cause functionality change, limitation or termination of the functionality of features in earlier versions still in use, including functionality changes in privacy and security features ("Grant of Different Services"), at any time without prior
notice, at its sole discretion. You agree to the effects that the Changes of Functionality and Grant of Different Services may have on your ability to use the Software and the ChatPOP Services and Information, in whole or in part, for
communicating with third parties or their ability to communicate with you. Quarterview Inc. may elect in its sole discretion to condition the continuation of access to the ChatPOP Services and Information, on your accepting software improvements,
corrections, adaptations, conversions to more recent Software versions or any other changes to the ChatPOP Software, to the ChatPOP numbers or to a revised or new terms of service that are made available on or through
http://www.chatpop.com/legal/, including this license agreement, the ChatPOP Privacy Policy, the ChatPOP Acceptable Use Policy, the ChatPOP Usage Notices and any other applicable terms of service document available therein ("the ChatPOP Terms
of Service"). Quarterview Inc. may at any time cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing ChatPOP numbers or any other details of the users listed on the various ChatPOP
directories and listings.
By using the Software, the ChatPOP Services and Information or any part thereof, you agree to and acknowledge the following: 1) The details you elected to post on the various ChatPOP directories, during the registration procedure or thereafter, are
generally available and freely accessible to Internet users and the public, unless explicitly stated otherwise; Any later addition to such details or any amendment thereto may not be immediately visible to all users (e.g. users who already have
your account on their contact list will be required to press "Update" in order to view the new or revised details or information you have entered); 2) Unless explicitly stated otherwise the information entered or posted, through the Software
or through the Web, including without limitation, on the ChatPOP info templates-whitepages and other directories, during registration or thereafter, the ChatPOP message boards, as well as status indication and other user's parameters that can be
found using the Software or the Web ("Public Information"), may be available to the public. Public Information shall not include information meant to be sent through the ChatPOP network to a specific ChatPOP User's Software, unless subsequently
provided to Quarterview Inc.; 3) Settings, technical and other information from your computer, such as your operating system, ChatPOP and browser versions, connectivity, various communication parameters and other information related to the operation
and interaction of the ChatPOP Software ("Parameters") may be collected by ChatPOP, Inc., subject to the provisions herein.
Parameters are collected solely in order to provide you with, or access to, the ChatPOP Services and Information, subject to the provisions herein. 4) Quarterview Inc. gathers information and usage patterns related to your use of the Software, and the
ChatPOP Services and Information ("Usage Patterns") - to better understand how our users, as a group, use the ChatPOP Services and Information and the various features thereof, as well as to help us fit offerings to you as an individual and
to conduct market research; 5) Various data may be used for commercial purposes, including without limitation, for advertising, targeted advertising, marketing, co-registration to other services, promotional or any other activity
("Commercial Activities"), subject to the provisions herein; 6) Quarterview Inc. may use, for Commercial Activities: (a) the Parameters, Public Information and Usage Patterns or any part thereof, combined or separately (the "Data"); (b) the Data or
any part thereof, combined with publicly available information, or information provided by third parties; provided that if any information other than Public Information is being used by Quarterview Inc. or disclosed to third parties for use by them in
Commercial Activities, it will be done without user names, or if names are part of the disclosed information, (i) you have consented to such disclosing of your name or (ii) in the first time you are approached by Quarterview Inc. or the third parties,
you will be given the opportunity to request not to be further approached by them; 7) Not to use or rely on the ChatPOP Software, the various ChatPOP directories and listings, ChatPOP Web site, the ChatPOP Services and Information or any other
program, information or service whatsoever related thereto for "Mission Critical" or "Content Sensitive" applications and use. For the purpose of this agreement "Mission Critical" applications and use shall mean applications and use that may
result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users. Unless produced by Quarterview Inc., the information you access or receive by using the
ChatPOP Software, the ChatPOP Services and Information, the various ChatPOP directories and listings, or information sent to you by other users, is provided, by the users, and entered or posted by them, and is not reviewed, controlled, examined,
verified or endorsed by Quarterview Inc. in any way. By using the ChatPOP Software, and the ChatPOP Services and Information you agree to 1) Determine whether the information complies with your needs; 2) Determine whether you have adequate legal rights
to store, reproduce or otherwise make use of information in the manner contemplated by you; 3) Comply with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation, decency, privacy, security
and export laws.
Quarterview Inc. is not responsible for any information, including without limitation, online and offline messages and other forms of interpersonal communications available on or through the ChatPOP Services and Information, users' personal data,
user posted Web site material, users' whitepages postings, submitted on or through the Software and the ChatPOP Services and Information or residing on the ChatPOP servers. Quarterview Inc. may erase, remove, delete, delay, jam or alter such information
without prior notice, for functional or any other reason.
The ChatPOP Software contains features that may link you to third parties' Web sites, directories, servers or services
("Services"). These features are provided by Quarterview Inc. only as a convenience. The linked Services are not reviewed,
controlled or examined by Quarterview Inc. in any way and Quarterview Inc. is not responsible for the contents of any such linked
Services, or any link contained therein. The offering of these features does not imply endorsement of the Services by
Quarterview Inc. It is your sole responsibility to comply with the appropriate terms of services of these Services you chose to
access using these features, as well as with any other obligation under copyright, secrecy, defamation, decency, privacy,
security and export laws. In no event shall Quarterview Inc. be liable to anyone for any damage arising from or occasioned by
the creation or use of the third parties' Services or the information or material accessed through these Services.
Quarterview Inc. reserves the exclusive right and sole discretion to add, change, decline or remove, without notice, any
feature or link to any of the Services from the ChatPOP Software and/or to introduce different features or links to
different users.
Quarterview Inc. does not want to receive any confidential, secret or proprietary information and material from you through
the ChatPOP Web site, Quarterview Inc.'s mail and e-mail addresses, the ChatPOP Services and Information or in any other way.
ANY INFORMATION OR MATERIAL SUBMITTED OR SENT TO Quarterview Inc., EXCLUDING PRIVATE COMMUNICATIONS BETWEEN A USER AND OTHER
USERS THAT ARE NOT SUBSEQUENTLY MADE AVAILABLE TO Quarterview Inc. WILL BE DEEMED NOT TO BE CONFIDENTIAL OR SECRET. By
submitting or sending documents, information or other material ("Material") to Quarterview Inc. or by posting information
entered on the various ChatPOP directories and tools and messages on the ChatPOP message boards you (1) warrant that you
have no rights of any kind to the Material; that to the best of your knowledge no other party has any rights to the Material;
(2) grant Quarterview Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and
distribute the Material, and you further agree that Quarterview Inc. is free to use any ideas, know-how, concepts or techniques
you send us for any purpose.
THE CHATPOP SERVICES AND INFORMATION AND THE VARIOUS CHATPOP DIRECTORIES, LISTINGS AND DATABASES INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
Quarterview Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ChatPOP SOFTWARE, THE ChatPOP SERVICES AND INFORMATION, THE ChatPOP NETWORK
SERVERS' SOFTWARE OR ANY KIND OF INFORMATION SENT, DELIVERED OR RECEIVED BY USERS ON OR THROUGH THE CHATPOP SOFTWARE, SERVERS' SOFTWARE, THE WEB SITE, THE ChatPOP SERVICES AND INFORMATION OR THE VARIOUS ChatPop DIRECTORIES AND LISTINGS,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Quarterview Inc. DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ChatPOP SOFTWARE, THE ChatPOP SERVICES AND INFORMATION,
THE SERVICE AND THE ACCESS TO THE SERVERS, OR THE INFORMATION PROVIDED BY THE VARIOUS ChatPOP DIRECTORIES, LISTINGS AND DATABASES IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE OF
THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE ChatPop SERVICES AND INFORMATION AND ACCESS TO THE SERVERS OR THE VARIOUS CHATPOP
DIRECTORIES AND LISTINGS DATA, IS ASSUMED BY YOU.
Quarterview Inc. does not warrant or guarantee that the ChatPOP Services and Information and the functions or services
performed by Quarterview Inc. will be uninterrupted or error-free or that defects in the Software and the ChatPOP Services and
Information will be corrected. Quarterview Inc. does not warrant or guarantee that all Software versions shall be provided with
similar grades and level of service, features, functionality and the ability to use, the Software or the ChatPOP Services
and information. Quarterview Inc. does not warrant or guarantee 1) that any program or information will be free of infection by
viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the information
will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) that the
functions or services performed by Quarterview Inc. will be uninterrupted or error-free or that defects in the Software and the
ChatPOP Services and Information will be corrected. It is your sole responsibility to isolate software and information,
execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or
infected, will not damage your information or system.
You acknowledge that you are aware of security and privacy limitations including but not restricted to (1) the limitation of
security, privacy and authentication measures and features in this system; (2) that data and information on the ChatPOP
Services and Information may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering,
breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without
limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information
and data on your computer or other security or privacy hazards or may not reach its destination or reach an erroneous
address or recipient; (3) By activating the "My HomePage" feature you may provide third parties with certain limited remote
access to certain files on your computer. Activating this feature increases the risk that third parties will be able to
tamper with your computer.
Quarterview Inc. is not responsible for any special, incidental, indirect or consequential damages. In no event will
Quarterview Inc.'s liability with respect to this license agreement exceed the amount you paid (if you paid) to Quarterview
Inc. for the Software or of the charge of one-month fee for using the servers' service. In no event shall Quarterview Inc.
be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or
delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained
from the use of the information. Quarterview Inc. will not be responsible if any information infects or contaminates a user's
system or information. The entire risk as to the quality and performance of Quarterview Inc.'s service, the ChatPOP Software
and the ChatPOP Services and Information and the accuracy, adequacy, completeness, correctness, validity and quality thereof
or of any other information is with the user.
For convenience purposes this Software may have been provided to you on a free CD-ROM, or otherwise bundled with other
equipment, products or services. You acknowledge that no payment was made by you for the CD-ROM, and if payments were made,
they are made for the products and services and not for the CD-ROM and Software.
IN NO EVENT WILL ChatPOP, INC. BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE CHATPOP SOFTWARE, THE CHATPOP NETWORK, THE CHATPOP SERVICES AND INFORMATION, VARIOUS DIRECTORIES AND LISTINGS OR
ANY OTHER 'INFORMATION', EVEN IF Quarterview Inc. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, QUARTERVIEW
INC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You may not use this Software on more than one computer or distribute this version of the Software to any other third party.
By using any link or bookmark in this Software that will lead you to ChatPOP's Web site (at www.chatpop.com) or by entering this site, you acknowledge and agree to the terms of service of this site, available on or through
www.chatpop.com/legal/.
Please note that by using the Software and/or any of the ChatPOP Services and Information, you acknowledge that you are bound by and subject to the provisions of the ChatPOP Terms of Service available on or through
http://www.chatpop.com/legal/. In case of contradiction between any provision of the license agreement and any provision in any of the ChatPOP Terms of Service documents, the provision of the license agreement shall prevail, unless
the provision in the ChatPOP Terms of Service document reflects narrower responsibility on behalf of Quarterview Inc. than the
appropriate provision in the License Agreement.
You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement. You also understand and agree that the ChatPop Terms of Service, including Quarterview
Inc.'s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person other than Quarterview Inc..
If any part of this agreement 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.
Quarterview Inc. may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or
receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement.
Quarterview Inc. may change, from time to time, the ChatPOP Terms of Service with or without a release of a new version of the ChatPOP Software. You agree that your continuing to use the Software and/or the ChatPOP Services and Information, for a
period of 30 days after such notice has been provided on the ChatPOP network or Web site for the first time, shall constitute your consent to the new or revised set of the ChatPOP Terms of Service. Subject to the foregoing, you further
agree to be bound by the provisions of the license agreement available on the ChatPOP Web site at http://www.chatpop.com/legal/, if such license is marked with a more recent date than that on the license agreement
that accompanies your Software.
If you are a citizen of the USA, then the laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, shall govern this agreement. Please note that your use of the Software as well as the ChatPOP Services and Information may be
subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Quarterview Inc. or relating in any way to your use of the ChatPOP Software and the ChatPOP Services and
Information resides in the courts of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving Quarterview Inc.
or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. The above assurance and commitment shall survive termination of this agreement.
If you are not a citizen of the USA, then the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern this agreement. Please note that your use of the Software as well as the ChatPOP Services and Information may be
subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Quartervuew Inc. or relating in any way to your use of the ChatPOP Software and the ChatPOP Services
and Information resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Quarterview Inc. or
its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
The above assurance and commitment shall survive termination of this agreement.
You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national
destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to
upload to Quarterview Inc. any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
