THIS PAGE STATES THE TERMS AND CONDITIONS THAT CONSTITUTE THE LEGAL AGREEMENT UNDER WHICH YOU MAY USE THIS WEBSITE (THE “SITE”),
WHICH IS OWNED AND OPERATED BY POP! ONLINE, LLC ("POP! ONLINE”). PLEASE READ THIS PAGE CAREFULLY, BECAUSE IT DESCRIBES YOUR
THIS SITE OR SUBMIT ANY INFORMATION THROUGH THE SITE. BY USING THE SITE IN ANY MANNER (WHICH INCLUDES, BUT IS NOT LIMITED
TO, MERELY ACCESSING THE SITE AND/OR READING ITS CONTENT, AS WELL AS INTERACTING WITH IT, WHETHER AS A REGISTERED USER OF THE
SITE AND/OR OF ANY SERVICE OFFERED THROUGH THE SITE OR OTHERWISE), YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU HAVE READ,
AND/OR INFORMATION AVAILABLE THROUGH THE SITE WHICH MAY BE PRESENTED TO YOU IN CONJUNCTION THEREWITH (THE “ADDITIONAL TERMS”),
AND BY THE TERMS OF THE FOLLOWING ADDITIONAL POLICIES AND AGREEMENTS, ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE
(COLLECTIVELY, THE “AGREEMENT”):
- POP! SERVICE TERMS
By using this Site, you represent and warrant that you have the right, authority and capacity to enter into and abide by this Agreement. This Site is intended solely for users who are 18 year of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized and constitutes a violation of the Agreement.
The content of this Site, such as all software, designs, text, graphics, logos, artwork, images, photographs, audio clips, video clips, digital downloads, documents, button icons, and other content, information and/or materials displayed on or otherwise accessible from or on the Site, including the selection and arrangements thereof (collectively, “Site Content”), is the exclusive property of POP! ONLINE and/or its subsidiaries, affiliates, assigns, licensors, advertisers, suppliers, vendors, promotional partners, and sponsors. Nothing in this Agreement will be interpreted to convey any rights, title or interest in or to any Site Content. The Site and the Site Content are provided to you as a convenience and for your information only. POP! ONLINE does not represent or warrant that: (a) the Site Content is accurate or complete, (b) the Site Content is up-to-date or current, (c) the Site Content will be updated, (d) the Site Content is free of technical inaccuracies or typographical errors, (e) the Site Content is free from changes caused by third parties, or (f) access to the Site and/or the Site Content will be free from interruptions, errors, computer viruses or other harmful components. It is your sole responsibility to evaluate the accuracy, completeness, and usefulness of any Site Content. Under no circumstances will POP! ONLINE be liable for any loss or damage of any kind arising out of or relating to your use, download, reproduction, distribution and/or reliance on any Site Content.
You are hereby granted permission to access the Site Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the terms of this Agreement. If pursuant to an express authorization from POP! ONLINE you download or copy Site Content from the Site, the Site Content, including all code, files, images, contained in or generated by the Site Content, and accompanying data, are deemed to be licensed to you by POP! ONLINE. Neither title nor intellectual property rights are transferred to you. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any Site Content comprised of software to a perceivable form. POP! ONLINE does not grant you any permission to use the Site Content other than the permission expressly stated in this Agreement. All other use of Site Content (in whole or in part), including, but not limited to, uploading, downloading, displaying, publishing, performing, broadcasting, transmitting, retransmitting, modifying, creating derivative works from, reproducing (whether by linking, framing, or any other method), or otherwise exploiting Site Content, are strictly prohibited without POP! ONLINE’s prior express written consent.
Access to the Site Content may not be lawful by certain persons or in certain countries. You also understand, acknowledge, and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site, you do so at your own risk and are responsible for compliance with all local, state, federal, national and international laws, rules, regulations, ordinances, judgments, decrees and treaties (collectively, “Laws”) applicable to the jurisdiction from which you access the Site.
Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, avatars, or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site, if any, and (b) generally available third-party web browsers.
Collection of Information
User Content and Submissions
You may not Submit User Content on the Site that is not accurate and truthful or that you did not create (unless you have express permission from the proper third party to Submit it). You assume all risks associated with any use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in User Content that makes you personally identifiable. We reserve the right to contact you or disclose your identity for any User Content posted that in our sole discretion violates this Agreement or any Law.
Trademarks and Service Marks
There are a number of proprietary trademarks, service marks, logos, slogans, and product designations found on this Site. By making them available on this Site, POP! ONLINE is not granting you by implication, estoppel, or otherwise, a license to use them in any fashion. Access to this Site does not confer upon you any license under any of POP! ONLINE’s or any third party’s intellectual property rights, whether by implication, estoppel, or otherwise. No POP! ONLINE trademark, service mark, or logo may be used as a hyperlink without POP! ONLINE’s prior written permission. All product or service names and other marks not owned by POP! ONLINE are the property of their respective owners. Requests to use any such third party owned names or marks should be directed to the relevant third party owner thereof.
Accounts, Passwords and Use of the Site
To use and access all available Site Features and/or to obtain additional products, information or services from POP! ONLINE or our Related Parties, you may be required to complete a registration process, which may include entering your name, a username, your mobile phone number, creating a password and/or completing a profile (as the case may be, a “Profile”). You understand, acknowledge and agree that you are responsible for maintaining the confidentiality and security of your username, password and identification, and are fully responsible for all uses of your username, password, registration, account and/or Profile (collectively, your “Account”) and for any activity that occurs under your Account, whether or not authorized by you, including, without limitation, any fees associated with such use (including use of third party services accessed through the Site). You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data and any other information you provide to POP! ONLINE to keep the same accurate, current and complete; and (c) notify us immediately of any unauthorized use of your Account, or if you believe your password has been lost or stolen or any other breach of security.
By creating an Account or otherwise Submitting User Content, you agree that we may send you certain communications. You can opt-out of any non-essential communications by emailing email@example.com. By accessing, using and/or registering for the Site and/or any Site Feature (irrespective of whether you are a registered user), you understand, acknowledge, and agree that you are automatically subject to the rules of conduct set forth below. You further agree that we reserve the right, in our sole discretion, to terminate your access to the Site and/or any registration, membership and/or Account you may have created on the Site at any time, delete any or all User Content you may have Submitted, block access to your Account and/or reject participation in any other activity or service available on the Site. We reserve the right to take any such actions, with or without notice, for any or no reason, and without any liability to you or any third party.
You understand, acknowledge, and agree that you are prohibited from using the Site for any of the following purposes, in addition to the conduct requirements listed in the Prohibited Conduct section of this Agreement:
- Creating and/or using an Account for any reason other than to use Site Features as they are intended to be used.
- Sending a message to a user for any reason other than as contemplated by a specific Site Feature.
- Deleting or revising any User Content submitted by any other person or entity.
- Forging any TCP/IP packet header or any part of the header information in any email, posting or other Submission for any reason.
Site Features that are only available to registered users of the Site (“Restricted Features”) are to be accessed and/or used only by registered users of the Site. All registered users should have only one unique username with one unique password. Sharing a password or other Account information with any non-registered user for purposes of allowing a non-registered user to access or use Restricted Features will be deemed a breach of this Agreement for which we may terminate your Account immediately without notice (in addition to any other remedies available hereunder, at Law and/or in equity). Violations of the Site’s system or network security may result in civil or criminal liability. We will investigate possible violations of system or network security and may involve, and cooperate with a user’s employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. If you desire to cancel your Account, you must notify us.
The Site may not be used in any manner that is unlawful or harmful to our rights and/or the rights of any third party (including Related Parties), or that is in violation of this Agreement. You many not attempt to:
- (a) alter, or destroy data on, from or through the Site or retrieve any data on, from or through the Site other than that which is made directly available to you on the Site;
- (b) probe, scan or test the vulnerability of a system or network on, from or through the Site;
- (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring;
- (d) interfere with or disrupt the Site or our business, operations or services, or those of any third party (including Related Parties);
- (e) interfere with or disrupt any computer, host, network, or telecommunications device we maintain or which is maintained by any third party (including Related Parties);
- (f) interfere with or disrupt the legitimate use of the Site by any person, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site or the server of any user;
- (g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable Laws or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party;
- (h) violate the privacy rights of any party under applicable Law;
- (i) use any technology that is or reasonably should be known to contain software viruses, Trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any of our data, software, computing or network devices, or telecommunications equipment, or those of any authorized user or of any third party (including Related Parties);
- (j) use the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (such as “spam”) or commercial electronic messages even if previously solicited by the intended recipient;
- (k) copy (whether directly or by use of any scraping or similar techniques) any Site Content;
- (l) bypass the Site’s homepage via deep-linking or any other means, or frame the Site, or any Site Content without the express written permission of POP! ONLINE;
- (m) falsify identification or impersonate any person or entity, including, but not limited to, a POP! ONLINE representative and/or a chat room or public forum leader, host, or guide.
Compliance with Laws
You represent and warrant that your use of the Site will comply with any and all applicable Laws and that you will not restrict or inhibit any other user from using and enjoying the Site.
No Endorsement of User Content
POP! ONLINE does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of third parties or any other User Content displayed on or transmitted via the Site. Any such information or material Submitted to the Site are the views and responsibility of those who submit it, and do not necessarily represent the views of POP! ONLINE.
Links and Advertisements
The Site may contain links or pointers to other websites maintained by third parties, banner and general advertising, and other content provided by advertisers and other third parties (collectively, “Third Party Content”). You understand, acknowledge, and agree that the inclusion of Third Party Content on the Site does not, absent an express statement to the contrary elsewhere in the Agreement, indicate (a) an endorsement by POP! ONLINE of (i) any Third Party Content provider or the business practices (including the privacy policies) thereof, (ii) the goods, services, or information provided by any Third Party Content provider, and/or (iii) the advertising, information and/or messages conveyed in any Third Party Content, or (b) any other authorization, sponsorship, affiliation, joint venture or partnership by, with or between any Third Party Content Provider and POP! ONLINE and/or any Related Parties. You may from time to time enter into correspondence with Third Party Content providers or otherwise participate in the Third Party Content offered through the Site. However, all such correspondence and participation, including, without limitation, any resulting contractual agreements, are solely between you and the provider. Your further agree that we are not responsible for upholding any applicable terms, conditions, representations or warranties made by Third Party Content providers or the purchase of goods and services offered by Third Party Content providers. POP! ONLINE reserves the right to terminate a link to a third party website at any time and remove any other Third Party Content at any time. Linked and/or advertised third party websites are not under our control and POP! ONLINE is not responsible for their availability, content, advertising, products or materials, including any further links in a third party site. It is up to you to take precautions to ensure that any third party website you navigate to using any Third Party Content on the Site is free of computer viruses, worms, Trojan horses and other items of a destructive nature. You agree that neither POP! ONLINE nor any Related Parties will, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Content and/or any products, services, information, content, advertising, or business practices of any Third Party Content provider and/or any linked third-party sites. If you decide to access and use linked third-party websites, you understand, acknowledge, and agree that you do so at your own risk. Any concerns with any Third Party Content and/or any third party products, services, information or websites should be directed to the provider thereof. Any website linking to the Site (a) may link to, but not replicate, the Site Content; (b) should not create a browser, border environment or frame the Site Content; (c) must not imply that we are endorsing it or its products; (d) must not misrepresent its relationship with us; (e) must not present false information about our products or services; and (f) must not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
Third Party Beneficiary Rights
Some of the provisions within this document are for the benefit of Related Parties. The Related Parties (whether individuals or entities) shall have the right to assert and enforce those provisions directly against you on their own behalf.
Disclaimer of Warranties
SITE CONTENT AND SITE FEATURES (INCLUDING THOSE PROVIDED BY THIRD PARTIES) ARE PROVIDED BY POP! ONLINE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (OTHER THAN THOSE THAT MAY BE AVAILABLE TO YOU DIRECTLY FROM THIRD PARTY PROVIDERS AS AN END USER OF SUCH THIRD PARTIES PURSUANT TO THE RELEVANT THIRD PARTY’S TERMS AND CONDITIONS OF SERVICE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POP! ONLINE MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF SITE CONTENT AND/OR SITE FEATURES, OR THAT THE SITE, SITE FEATURES, AND/OR THE SITE’S SERVER AND SOFTWARE WILL BE ERROR-FREE, AVAILABLE FOR UNINTERRUPTED USE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POP! ONLINE THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY SITE FEATURES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE SITE FEATURES. YOUR USE OF THE SITE AND ANY SITE FEATURES IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SITE FEATURES AND/OR ANY SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT NEITHER POP! ONLINE NOR ANY RELATED PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
Indemnity; Limitation of Liability
You agree to indemnify, defend and hold POP! ONLINE and its Related Parties harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of, resulting from or relating to your misuse of the Site, any Site Features, any Third Party Content, any User Content you Submit, your violation of applicable Law, and/or your violation of this Agreement. POP! ONLINE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATING TO YOUR FAILURE TO COMPLY WITH THIS AGREEMENT. You agree that neither POP! ONLINE nor any of its Related Parties will have any liability or responsibility to you for any loss or damage under any theory of liability or indemnity arising from or relating to your failure to comply with this Agreement and/or in connection with your use of the Site and/or any Site Features. You hereby release and forever waive any and all claims you may have against POP! ONLINE and its Related Parties for losses or damages you sustain in connection with your use of the Site and/or any Site Features. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL POP! ONLINE OR ANY OF ITS RELATED PARTIES BE LIABLE FOR ANY DIRECT (OTHER THAN A REFUND OF AMOUNTS PAID BY YOU TO POP! ONLINE IN THE PREVIOUS TWO MONTHS DIRECTLY FOR USE OF THE SITE, IF ANY), INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST DATA OR PROFITS, RESULTING FROM ACCESS TO, USE OF OR INABILITY TO USE THE SITE AND/OR ANY SITE FEATURE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF ONE OR MORE OF POP! ONLINE AND ANY RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. If your use of the Site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. We reserve the right to take exclusive control and defense of any claim subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.
Modification or Discontinuance of the Site
At any time and from time to time, without notice to you, and for any or no reason in its sole and absolute discretion, POP! Online may modify, suspend or discontinue, in whole or in part and on a temporary or permanent basis, any or all aspects of the Site, including, without limitation, any Site Features. You understand, acknowledge, and agree that POP! ONLINE will not be liable to you or any third party in connection with or as a result of any such modifications, suspensions or discontinuances.
Governing Law and Venue
This Agreement is governed by and will be construed in accordance with the internal laws of the State of Florida without regard to the conflict of laws principles of such jurisdiction. All proceedings, disputes, claims or controversies arising out of or relating to the Site and/or this Agreement shall be brought and heard exclusively (a) for those brought by you, in the courts located in Miami, Florida, and (b) for those brought by us or any of our Related Parties in the courts located in Miami, Florida or in any court located in a jurisdiction in which you reside, are organized or incorporated, and/or from where you accessed the Site. You hereby irrevocably consent to the personal and subject matter jurisdiction of such courts and waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum. POP! ONLINE controls and operates the Site from our offices in Miami, Florida. POP! ONLINE does not represent or warrant that the Site, any Site Features and/or any Site Content is appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local Laws, if and to the extent applicable.
POP! ONLINE’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between us and you nor trade practice shall act to modify any provision of this Agreement. POP! ONLINE may assign its rights and duties under this Agreement to any party at any time without notice to you. You agree that regardless of any statute or Law to the contrary, any claim or cause of action by you arising out of or related to the Site and/or this Agreement must be filed by you in an appropriate court of law within six (6) months after such claim or cause of action arose or it will be forever barred. If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, (a) such provision will be deemed amended to the least extent possible to render it valid and enforceable in a manner that preserves the original intent of the provision as much as possible, and (b) the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement or the breach thereof will be effective unless in a writing signed by the party to be charged with such waiver. No waiver of any term of this Agreement or the breach thereof will be deemed a further or continuing waiver of such term or any other term or the breach thereof. This Agreement constitutes the complete and entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior agreements and understandings, written, electronic or oral, in relation thereto, unless expressly agreed otherwise in a written agreement signed by authorized representatives of both you and us. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
Modifications and Amendments
This Agreement may not be modified or amended by you under any circumstances. We may amend or modify this Agreement (in whole or in part) at any time and from time in our sole discretion without prior notice to you by updating this page and/or posting such amendments or modifications and/or a revised version of this Agreement on the Site. You agree that you shall not be entitled to any notice of such modifications, amendments or revised versions (collectively “Amendments”) and waive any rights to the same. Such Amendments shall be effective and binding on you as a user of this Site immediately upon posting with respect to your use of this Site thereafter. Your use of this Site after such posting shall be deemed acceptance of the posted Amendments. Therefore, we urge you to review this Agreement frequently. Notwithstanding the foregoing, however, we may, in our sole discretion, effect an Amendment by direct notice to you, in which case the Amendment will be effective upon such notice.
POP! ONLINE exclusively retains all intellectual property rights (including patents, trademarks, copyrights, and trade secrets) and moral rights (including, rights of attribution and authorship) throughout the world in and to all Site Content and all derivative works and improvements based thereon (as each of those terms or their equivalents is defined and applied under any applicable Law). The Site and the Site Content are protected by United States and worldwide intellectual property and other Laws, including, without limitation, those relating to copyrights, trademarks, privacy and publicity, and the regulation of communications, and any unauthorized copying, displaying, or other use of any of the Site Content may violate one or more of these Laws. Some Site Content on the Site is provided or reproduced with permission from third party sources, and that Site Content is the property of those third party sources. You may not reprint, republish, resell or redistribute these materials in any form or manner without our express written consent or the express written consent of the applicable rights holder. If you violate these restrictions, you may be subject to civil and criminal penalties.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to POP! ONLINE, LLC, 701 Brickell Avenue, Suite 860, Miami, Florida 33131, Attention: Legal Department or by e-mail to firstname.lastname@example.org. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in this Agreement or on the Site.
Questions and Comments
If you have any questions relating to this Agreement, the Site, any Site Features, any Site Content, and/or POP! ONLINE, you may contact us by email at email@example.com.
Last Update: December 4, 2014