1. CONSENT; AGREEMENT
Pop of Culture reserves the right to remove any item, picture, or posting from its Site at any time and for any reason without notice to any User. Pop of Culture is under no obligation to remove or change any item, picture, or posting from its Site. Pop of Culture reserves the right to refuse service to anyone and to discontinue existing service at any time. Pop of Culture also reserves the right to stop offering any of its Services to any User, at its sole discretion, including if it determines the User’s conduct to be disruptive to the business and reputation of its Site.
Pop of Culture is an event and lifestyle brand that enables small brands and creates unique consumer experiences. We are creating global communities centered around business and entertainment through traveling marketplaces, niche popup events, and workshops. On our Site, you can learn about new businesses, read blogs, register for events, buy tickets, and shop Pop of Culture merchandise. It is important to make sure that the Customer is satisfied with their experience using Pop of Culture and with any purchases made. If the Customer is dissatisfied with their purchase, please, contact Pop of Culture.
5. USER REPRESENTATIONS, COVENANTS AND LICENSE
By using our Services, User represents to Pop of Culture that (a) s/he is not a minor under applicable laws and has the authority to enter into legal contracts, and any information User has provided Pop of Culture, to the best of User’s knowledge is complete, truthful and accurate. User acknowledges that s/he has been granted a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another customer, merchant, vendor or any other third-party; the license also does not include caching, unauthorized hyperlinks to the Site, uploading, posting, or transmitting any content that User does not have legal rights to (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer codes or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Pop of Culture's sole discretion) an unreasonable or disproportionately large load on Pop of Culture's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
In no event shall Pop of Culture, its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental arising out of or relating to the conduct of User or anyone else in connection with the use of the Site, the Services or this TOU, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
User agrees to indemnify and hold Pop of Culture harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of User’s breach of this agreement or the documents it incorporates by reference, or User’s violation of any law or the rights of a third party.
Pop of Culture makes no representations whatsoever about the content or functioning of any other websites linked to Pop of Culture, and User may use or access other third-party sites, but the use of such links or websites is entirely at User’s own risk.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
10. DATA PROTECTION
(1) Ensure that the most relevant content is being shown.
(2) Track traffic patterns to the Site to determine Customer’s interests. This behavior tracking
allows the tailoring of advertisements to reflect Customer’s interests.
12. INTELLECTUAL PROPERTY RIGHTS
This Agreement does not grant User any intellectual property rights in Pop of Culture trade name, trademarks, logos, the Site, and any content developed by Pop of Culture, which shall remain Pop of Culture's intellectual property.
This Agreement is terminable at any time by any party. If User terminates this Agreement, User agrees to no longer access the Site and these Services. However, termination by either party will not preclude User from receiving an order for which s/he has already paid.
14. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND A&F HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ITS SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. POP OF CULTURE DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF POP OF CULTURE'S SITE AND SERVICES, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POP OF CULTURE OR A POP OF CULTURE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY CERTAIN USERS. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY OF POP OF CULTURE'S COMMUNITY OF MERCHANTS PROVIDES A SEPARATE WARRANTY FOR THEIR PRODUCTS PURCHASED BY CUSTOMER, CUSTOMER SHALL BE ENTITLED TO THE BENEFITS OF SUCH WARRANTY FROM THE APPLICABLE MERCHANT.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the use of the Site and Services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions User may be required to accept if User chooses to use any of Pop of Culture's additional Services.
16. ADDITIONAL POLICIES
Headings are intended for the convenience of reference purposes only, are not a material part of this Agreement and do not limit the extent or scope of the corresponding Section.
18. GOVERNING LAW; JURISDICTION.
This TOU shall be governed by, and construed in accordance with, the internal Laws of the State of Ohio, without giving effect to any principles of conflicts of laws. Each party hereby irrevocably submits to the jurisdiction of any State or Federal Court sitting in Franklin County, Ohio, in respect of any dispute, suit, action or proceeding arising out of or relating to this Agreement, and irrevocably accepts for itself and in respect of its property, generally and unconditionally, jurisdiction of such courts.
19. CONTACT INFORMATION
If you have any questions about the Terms, please email us at: firstname.lastname@example.org