Effective: September 15, 2014
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY POPSUGAR INC., ITS SUBSIDIARIES, OR ITS AFFILIATES (COLLECTIVELY, “POPSUGAR,” “WE,” OR “US”). BY ACCESSING OR USING THE WEBSITE (AS DEFINED BELOW) OR THE SERVICES (AS DEFINED BELOW) IN ANY MANNER, YOU AS AN INDIVIDUAL OR AS A SINGLE USER ON BEHALF OF THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU” OR “YOUR” AS APPLICABLE) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY, AND A PARTY TO, THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE (“AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU WILL HAVE NO RIGHT TO USE THE SERVICES. USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.
ACCESS TO THE SERVICES. The POPSUGAR celebrity, lifestyle, fashion, beauty and ShopStyle shopping network, websites, domain names and any other linked and related pages, features, content, products, application services (including without limitation any mobile applications services) and other goods and/or services offered, owned or operated by POPSUGAR in connection therewith, are offered to you solely for your own use, and not for the use or benefit of any third party (collectively, the “Services”). The term “Services” shall include, without limitation, use of the POPSUGAR network websites and any goods or services POPSUGAR performs for you and the content, software, tools, and features offered by POPSUGAR on the POPSUGAR network (including, without limitation the Video Player (as defined below)). POPSUGAR may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). POPSUGAR may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. POPSUGAR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE POPSUGAR WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.
POPSUGAR does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to POPSUGAR or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com. Some features of the Services (e.g., the ShopSense program) require users to be eighteen (18) years of age or older, and if you are under eighteen (18) years of age you agree that you will not use or attempt to access such features.
You represent and warrant to POPSUGAR that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Services are offered by POPSUGAR from its facilities in the United States of America. POPSUGAR makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
WEBSITE AND SERVICES CONTENT. The Services, and their contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by POPSUGAR in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations and video (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or User Submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Services for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from POPSUGAR, or from the copyright holder identified in such Content’s copyright notice. If you link to the Services, POPSUGAR may revoke your right to so link at any time, at POPSUGAR’s sole discretion. POPSUGAR reserves the right to require prior written consent before linking to the Services.
In the course of using the Services, you may have access to select Getty Images via the OnSugar platform when your OnSugar blog has an onsugar.com domain name, (e.g. xxx.onsugar.com). If you elect to domain map your OnSugar blog to a domain other than the OnSugar domain, we will not provide access to Getty Images, and you will be fully responsible for any licensing of images that you publish on your blog. Your use of Getty Images via the OnSugar platform is subject to the following restrictions: (i) any Getty Images used must be solely used in an editorial context, (ii) you are prohibited from downloading any Getty Images on a stand-alone basis and (iii) you are expressly prohibited from republication, retransmission, reproduction or any other use of the Getty Images except in an editorial context, embedded in a post or article on your OnSugar blog. For each use of a Getty Image, you are required to credit and/or caption the image source with the applicable Getty Image photo credits.
In the course of using the Services to submit content to POPSUGAR for publication via our POPSUGAR Select Program, you agree that POPSUGAR reserves the exclusive right to choose what statements or other content that you create or post in relation to the products, coupons, information, or other materials, including without limitation, any recipes, tips, reviews, suggestions, images, audio content, or video content (collectively also, “Content”) to publish or not publish and are not obligated to provide you with a reason for rejecting your submitted content. In addition, while we are under no obligation to do so, once published, we reserve the right to remove and permanently delete the Content without notice, and for any reason we deem sufficient. The Content you submit must be your original Content and never before published by you or any third party. For any editorial Content you submit that is accepted by the POPSUGAR Select Team, you agree not to publish the Content on any other site unless we specify to you in writing that you may publish the Content on your own blog or website. You may, however, link to the Content on POPSUGAR.com from your site or other sites, including, but not limited to any required promotion on various social media channels as part of the POPSUGAR Select Program. By doing so, you also agree to comply with all applicable social media sites’ and other online/mobile service policies, terms and procedures, including but not limited to those of Facebook, Twitter, and Pinterest as it relates to the promotion of the Content. In submitting your Content via POPSUGAR Select, you are granting POPSUGAR an exclusive, perpetual, worldwide, royalty-free, transferable, license and right to use the content however we wish, including the right to sublicense this content, should we choose to accept your submission, so long as we give you writer's credit.
By participating in the POPSUGAR Select Program, you also agree that POPSUGAR and any of its sublicensees have the right to link to, independently re-publish (in whole or in part), or otherwise use the Content. You also agree that POPSUGAR and any of its sublicensees are free to attribute the Content to you, your website, or your blog, and use your appearance, name, likeness in connection with the marketing and advertising of the blog materials for all institutional and historical purposes. If your Content includes references to, or images of, third parties (i.e., someone other than you) or other performances or content provided by third parties, including copyrights (including without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity, you agree that you have all necessary permissions from these third parties to permit POPSUGAR and/or any of its partners to use and display the Content, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph. You must be able to provide all appropriate clearances, permissions and releases from anyone who assisted in the creation of such images or other content you submit. In the event you cannot provide all required releases, we reserve the right, in our sole discretion, to disqualify the applicable submission or seek to secure the releases and clearances for our own benefit.
As part of the POPSUGAR Select Program, you agree that should you accept a retail product, other good from a manufacturer, promoter, or any individual or entity representing such product with the expectation that you will review or comment upon such product that such review or any statements made by you regarding such product will be true, accurate, and based on your personal experience. The foregoing also applies in instances where you may be asked to write about a specific theme on behalf of a specific advertising sponsor. You also understand and agree that you are solely responsible for, and may be liable for, any false or misleading claims you make about the product or other good, its manufacturer or promoter, and that you will review and adhere to any particular restrictions or guidelines regarding product reviews and content guidelines that are set forth by POPSUGAR and/or POPSUGAR's advertising partners. Finally, when promoting your POPSUGAR Select content submission, you must clearly and conspicuously disclose, as applicable, the type and extent of your connection to the product manufacturer or promoter and whether you have received or will receive compensation (or some other benefit) in exchange for your statements. The disclosure must comply with the FTC guidelines then in effect.
For more information regarding POPSUGAR Select Editorial Guidelines, please review POPSUGAR's FAQs, which is hereby incorporated into these Terms of Service by reference; your acceptance of these Terms of Service constitutes your acceptance and agreement to be bound by POPSUGAR's Editorial Guidelines.
Under no circumstances will POPSUGAR be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that POPSUGAR does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee. POPSUGAR shall have no obligation to monitor any User Submissions, however, POPSUGAR and its agents reserve the right to monitor User Submissions from time to time and may remove or block any User Submissions on or accessible through the Services, including disabling access to User Submissions that you have downloaded through the Services.
You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by POPSUGAR in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
While POPSUGAR shall have no obligation and assumes no responsibility for monitoring the Services for inappropriate Content or conduct of its users, POPSUGAR reserves the right to monitor, block or remove Content for any or no reason without notice to you, including Content that in the sole judgment and discretion of POPSUGAR, violates the terms of this Agreement, or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. If at any time POPSUGAR chooses, in its sole discretion, to monitor the Services, POPSUGAR nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content. You are solely responsible for the Content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.
POPSUGAR reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that POPSUGAR deems in its sole discretion to be an illegal or unauthorized use of the Services. POPSUGAR will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
You may not use the Video Player with the purpose of obtaining advertising or subscription revenue, or for any other commercial purpose, and you may not sell advertising in connection with the Services or third party User Submissions (except you may use the Video Player to show videos on an ad-enabled blog if the primary purpose of using the Video Player (as determined by POPSUGAR in its sole reasonable discretion) is not to gain advertising revenue or compete with the Services and if the advertising is not offered through the Video Player or on or through any third party User Submission). If you use the Video Player on your blog, you must include a prominent link back to the POPSUGAR website on the pages containing the Video Player and you may not modify, improve, delete or block any portion of the Video Player in any way.
YOUR WARRANTY. You warrant, represent and agree that you will not contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) involves commercial activities and/or sales without POPSUGAR’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or (vii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of POPSUGAR. POPSUGAR reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if POPSUGAR is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not POPSUGAR, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to POPSUGAR and to grant POPSUGAR the rights to use such information in connection with the Services and as otherwise provided herein.
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
- If a comment is made using your identity or screen name it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- Do not make false or misleading statements.
- Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by POPSUGAR in connection with a feature of the Services.
- Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- Do not post information that is confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
- Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
RESTRICTIONS. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any POPSUGAR user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the Services.
WARRANTY DISCLAIMERS. POPSUGAR has no special relationship with or fiduciary duty to you. You acknowledge that POPSUGAR has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release POPSUGAR from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. POPSUGAR makes no representations concerning any content contained in or accessed through the Services, and POPSUGAR will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. POPSUGAR makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Services or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from POPSUGAR or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH THE POPSUGAR WEBSITES, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICES DO NOT PROVIDE MEDICAL OR OTHER PROFESSIONAL ADVICE. The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from POPSUGAR’s licensors or other third parties, and all Services are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment, or for any other professional advice of any kind (including without limitation legal or financial advice). Do not ignore professional advice, or delay in seeking treatment because of anyone or anything on the Services. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. POPSUGAR does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk. The Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Services. The Content is not intended to be legal advice or form an attorney-client relationship of any kind. If you believe you have a legal claim, contact an attorney licensed in your state or country.
REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with POPSUGAR and select a password and user name (“POPSUGAR User ID”). If you are accessing the Services through a third party site or service (such as “Facebook Connect”), POPSUGAR may require that your POPSUGAR User ID be the same as your user name for such third party site or service. You shall provide POPSUGAR with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a POPSUGAR User ID a name of another person with the intent to impersonate that person; or (ii) use as a POPSUGAR User ID a name subject to any rights of a person other than you without appropriate authorization. Sugar reserves the right to refuse registration of, or cancel a POPSUGAR User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to POPSUGAR, and you are consenting to have the information in those accounts transmitted into your POPSUGAR account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
INDEMNITY. You will indemnify and hold POPSUGAR, its parents, subsidiaries, affiliates, officers and employees, harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL POPSUGAR OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE POPSUGAR WEBSITES OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND POPSUGAR’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
FEES AND PAYMENT.
- POPSUGAR reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. POPSUGAR reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement.
- You may be able to purchase a subscription or an on-demand premium edition offering through the “Must Have” program. Such purchases are governed by the Must Have Terms. Please review the current Must Have Terms at: https://musthave.popsugar.com/tos, which is hereby incorporated into this Agreement by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by the Must Have Terms.
- POPSUGAR displays suggested retail prices for goods offered on ShopStyle based on pricing information provided by vendors, retailers and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the ShopStyle website.
Your interactions with organizations and/or individuals found on or through the Service (including without limitation Merchants (as that term is defined in the Terms of Sale)), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that POPSUGAR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that POPSUGAR is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release POPSUGAR, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
TERMINATION. This Agreement shall remain in full force and effect while you use the Services (or any part of the Services). You may terminate your use of the Services or your membership at any time by following the instructions on the Services. POPSUGAR may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. POPSUGAR may also terminate or suspend any and all Services or your access thereto immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to access and use the Services and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
ARBITRATION AND MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. POPSUGAR shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond POPSUGAR’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with POPSUGAR’s prior written consent. POPSUGAR may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind POPSUGAR in any respect whatsoever.
COPYRIGHT DISPUTE POLICY. POPSUGAR has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of POPSUGAR’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is POPSUGAR’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that POPSUGAR is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is POPSUGAR’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that POPSUGAR will terminate such content provider’s, member’s or user’s access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which POPSUGAR is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, POPSUGAR may send a copy of the counter-notice to the original complaining party informing that person that POPSUGAR may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at POPSUGAR’s discretion.
Please contact POPSUGAR’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
111 Sutter Street, 14th Floor
San Francisco, CA 94104
Phone: (415) 391-7576
Fax: (415) 391-7584
APPLE DEVICE AND APPLICATION TERMS. In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or a POPSUGAR application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply.
- Both you and POPSUGAR acknowledge that this Agreement is concluded between you and POPSUGAR only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that POPSUGAR, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, POPSUGAR, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and POPSUGAR acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and POPSUGAR acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
QUESTIONS. If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to firstname.lastname@example.org, or by mail to POPSUGAR Inc., 111 Sutter Street, 14th Floor, San Francisco, CA 94104, or by calling (415) 391-7576.
FTC DISCLOSURE REQUIREMENTS. POPSUGAR aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.