POP OF CULTURE TERMS OF USE

Please read the following Terms of Use (“Terms of Use” or “TOU”), as amended from time to time, before using the Pop of Culture website (“Site”), mobile applications, API or any services offered by Pop of Culture, LLC, and their respective affiliates and subsidiaries.

 

1. CONSENT; AGREEMENT

By using Pop of Culture's Services, including visiting or browsing Pop of Culture's Site and mobile applications, you (“User”, “Customer” or “you”) agree to be bound by this TOU, including those additional terms, conditions and policies that may be referenced by hyperlink – including our Privacy Policy. We’ll refer to the Site, the API, videos, images, mailing lists, posts and related materials, online merchandise and events as the “Services.” This TOU applies to all Users of the Services, including, without limitation, users who are vendors, customers, merchants, and contributors of content, information and other materials or Services on the Site. This TOU is a legally binding contract between you and Pop of Culture so please read it carefully. If you don’t agree with the Terms, you may not use our Services.

2. PRIVACY

We know your personal information is important to you and it is equally important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.

3. AUTHORITY

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.

4. PLATFORM

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. 
 

6. LIABILITY

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.
 

7. INDEMNIFICATION

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.
 

8. DISCLAIMER

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.
 

9. SEVERABILITY

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

User’s personal data supplied during the transaction process is held and managed by Pop of Culture in accordance with its data protection policy available at Privacy Policy. 


11. COOKIES

A cookie is a small file that is placed and resides on a User’s computer after they visit Pop of Culture's Site. It is recognized by Pop of Culture's server but will not scan your computer or do any kind of investigation to find out your Personal Information. Any Personal Information the cookie might contain is a result of a User’s own input on the Site’s form. Most of the time, when a cookie does store Personal Information, this information is coded in such a way that it is unreadable to any third party that happens to access your cookie folder. User can control the use of cookies at the individual browser level, but if cookies are disabled, it may limit User’s use of certain features or functions on the Site or through the Services.  The cookie does not provide Pop of Culture with any personally identifiable information, but provides details of User’s IP address, the computer platform being used, the browser being used, and what domain User is accessing Pop of Culture's site from. With this information,  Pop of Culture can do the following:

(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.

Our Privacy Policy provides a more detailed explanation regarding the use of cookies.


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. 


13. TERMINATION

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

In addition to this Agreement, there are other policies governing the buying of items on this Site – including the Privacy Policy. Those other policies, including the Privacy Policy,  may be changed from time to time and such changes take effect immediately upon being posted on the Site.  Pop of Culture will not notify User when it amends any policy or this TOU. When using particular services on the Site, the Customer is subject to any posted TOU or other applicable rules, policies or guidelines (“Rules”). User agrees to observe and act in accordance with the Rules during the term of this Agreement. In the event User fails to do so, User agrees to promptly correct its action when notified by Pop of Culture.
 

17. HEADINGS

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: popofculturepopup@gmail.com

© 2020 by Pop of Culture

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