PeopleOfficePlaces.com TERMS OF SERVICE

Last updated: May 16, 2014

 

INTRODUCTION

This Terms of Service Agreement (the “Agreement” or “Terms”) is made by and between dPOP! LLC (“dPOP!”, “Us”, “We” and “Our”), and You (“You,” “Your” or “User”). This Agreement contains the terms and conditions that govern Your access to, and use of, the POPs website located at www.peopleofficeplaces.com and any tools hosted thereon, its content, mobile applications, the software, and the associated materials made available through the POPs website (collectively, the “POPs Site”).

 

AGREEMENT

Notice

Your use or access of the dPOP! Website in any way signifies Your constructive and actual notice and knowledge of, and Your agreement to be bound by, the most current version of this Agreement as posted on the dPOP! Website and the Privacy Policy located at www.peopleofficeplaces.com/terms#privacy (the “Privacy Policy”). It is solely Your responsibility to ensure that Your use of any and all third party website or content is in compliance with any and all third party requirements.

 

Special Terms

Access to portions of the POPs Site may require that You agree to additional terms (“Special Terms”) that, together with these Terms will govern Your use of the relevant POPs Site portions. Any relevant Special Terms will be provided to You before You will be granted first access. Your continued access shall constitute Your continued acceptance to any applicable Special Terms.

 

Changes to Terms

IMPORTANT! THESE TERMS AND ANY APPLICABLE SPECIAL TERMS GOVERN YOUR USE OF THE POPS SITE. THESE TERMS AND ANY APPLICABLE SPECIAL TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN DPOP!’S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIAL TERMS EACH TIME YOU VISIT THE POPS SITE. YOUR USE OF THE POPS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE POPS SITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE THESE TERMS MAY NOT BE ALTERED BY YOU EXCEPT WITH THE EXPRESS WRITTEN PERMISSION OF AN AUTHORIZED REPRESENTATIVE OF DPOP!.

 

Basis of the Bargain

You agree that releases, waivers, warranty disclaimers, limitations of liability and indemnities in these Terms: (a) are a fundamental basis of the bargain between You and dPOP!, (b) are a material part of the consideration received by dPOP! for the provision of the POPs Site under these Terms, and (c) that dPOP! would not have entered into these Terms and provided You access to the POPs Site in the absence of such releases, waivers, warranty disclaimers, limitations of liability and indemnities.

 

USE OF THE SITE

You agree that: (a) Your use of the POPs Site is subject to and governed by these Terms; (b) You will only access or use the POPs Site and transact business with Us if You are at least 18 years old; (c) You will comply with and be bound by these Terms as they appear on the POPs Site each time You access and use the POPs Site; (d) each use of the POPs Site by You indicates and confirms Your assent to and agreement to be bound by these Terms; and (e) these Terms are a legally binding agreement between You and dPOP! that will be enforceable against You.

 

Company Use

If you access the POPs Site on behalf of a corporation or other legal entity, including, but not limited to, a partnership, LLC or LLP, (“Company”), the use of “You”, “Your” or “User” means you personally and the Company on whose behalf you access the POPs Site.

 

If You are using the POPs Site on behalf of a Company, You represent that You are authorized to accept these terms and conditions on behalf of such Company.

 

You may access and use the POPs Site and You may permit the POPs Site to be accessed and used by those persons employed by your Company that dPOP! has granted access in accordance with these Terms and the terms of the Membership Overview on the registration page (the “Authorized Users”) provided all such access and use is solely for Your internal business purposes and complies with all terms and conditions stated herein.

 

You agree to require each of Your Authorized Users to be bound by the terms and conditions of this Agreement and You agree to remain responsible and liable for all acts and omissions of Your Authorized Users in connection with the POPs Site, including any breaches of this Agreement. All references to and terms and conditions of Your access and use of the POPs Site include access and use of the POPs Site by Your Authorized Users.

 

You will be responsible for compliance with these Terms by Your Authorized Users and any other persons who may have access to the POPs Site through You, whether or not such access is authorized by dPOP!.  Your Authorized Users may be required to review and agree to these Terms before they access and use the POPs Site.

 

Agreement to be Bound

By clicking the “Submit and Check Out” button, or other button or mechanism designed to acknowledge agreement, or by using the POPs Site, You (a) are indicating that You have read these Terms, understand them, and agree to be legally bound to them, on behalf of the Company for which You are acting or if there is no Company, on behalf of yourself as an individual; and (b) You represent and warrant that You have the right, power, and authority to act on behalf of and bind your Company, if any, or yourself, if there is no such entity.  A contract is then formed between dPOP! and either You personally, if you access the POPs Site for yourself, or Your Company.

 

SITE CONTENT

The POPs Site contains content of a general informational purpose. dPOP! reserves the right, in its sole discretion and at any time, to suspend, change, modify, add or remove portions of the POPs Site and to restrict the use and accessibility of the POPs Site.

 

PROPRIETARY INFORMATION

Proprietary Information + Intellectual Property

Unless otherwise specified, the following notice applies to all contents of the POPs Site: Copyright © dPOP!, 711 Griswold, Detroit Michigan, 48226. All rights reserved.

 

You may not remove or alter, or cause to be removed or altered, any copyright, trademark, patent, confidentiality, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates dPOP!’s intellectual property rights and/or the intellectual property rights of third parties. No intellectual property rights are transferred to You by access to the POPs Site. This means that, without limitation, You may not, among other prohibited uses, use any hosted content, domain names, email addresses, data, trademarks, service marks, trade names, or works subject to copyright protection from, on, or derived from the POPs Site: (a) in or as any metatag or hidden text; (b) in or as part of any contextual marketing directory, index, or triggering term; (c) as content or advertising related to any other website including, but not limited to, aggregating websites, or comparative or informational websites; or (d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the POPs Site or controls the content of any other Internet browser window.

 

Use of Content

Subject to Your compliance with these Terms, solely for so long as You are permitted by dPOP! to access and use the POPs Site, and provided that You keep intact all copyright and other proprietary notices, You may (a) view any content on the POPs Site to which We provide You access hereunder on any single computer solely for personal, informational, or internal business purposes and (b) download and print copies of content that dPOP! specifically makes available for downloading from the POPs Site solely for personal, informational, internal business purposes, provided that the content may not be modified or altered in any way. Content may not be distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of an authorized representative of dPOP!.

 

RESTRICTIONS ON USE + USER SUBMISSIONS

Restricted Uses

You may use this POPs Site only for purposes expressly permitted within these Terms. You may not use this POPs Site for any other purpose, including any other commercial purpose, without dPOP!’s express prior written consent. For example, You may not, and may not authorize any other party to, (a) co‑brand this POPs Site, (b) frame this POPs Site, or (c) hyperlink to this POPs Site, without the express prior written consent of an authorized representative of dPOP!;

 

You agree that you will not:

–       Use the POPs Site for any fraudulent or unlawful purpose;

–       Impede, restrict, limit, impair, or attempt to impede, restrict, limit, impair Our operation of the site, including:

o   Transmitting any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;

o   Transmitting any harmful or disabling computer codes, malware, worms, viruses, files, or programs that are harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software;

o   Interfering with Our network servers or interferes with the operation of the POPs Website;

o   Attempting to gain unauthorized access to Our network servers; or

o   Impairing or limiting Our ability to operate the POPs Site or any other person’s ability to access and use the POPs Site;

–       Harvest or collect personally identifiable information about other users;

–       Use or distribute tools designed for compromising security, including, but not limited to, password guessing programs, cracking tools or network probing tools;

–       Use any methods, means or devices to click on to the POPs Site or cause a visit to the POPs Site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Us;

–       Interfere with or induces a breach of the contractual relationships between dPOP! and its employees;

–       Dilute or depreciate the name and reputation of dPOP! or any of its affiliates;

–       Reproduce, duplicate, copy, sell, or otherwise exploit for any commercial purpose, access to the POPs Site and content;

–       Unlawfully impersonate another person or otherwise misrepresents Your affiliation with any person or entity;

–       Remove the copyright or trademark notice from any copies of content made available.

 

Forums

The POPs Site may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback and interaction between users (“Forums”) or to dPOP! directly. Use of Forums is at Your own risk.

 

dPOP! does not control the information or materials posted to Forums or directly to dPOP! by users, including, but not limited to, content, remarks, graphics, comments, improvements, suggestions, likenesses, and ideas (collectively, “Submissions”).

 

You are solely responsible for the content of your Submissions. You must comply with any rules posted by dPOP! on a Forum. You may not:

 

–       Post, transmit, link or otherwise make available, through or in connection with the POPs Site anything that:

o   Is any way fraudulent, unlawful, or prohibited, or that is harmful, threatening, abusive, or destructive to anyone or their property;

o   Is profane, pornographic, violent, obscene, sexually explicit, racist, sexist, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;

o   Involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;

o   Is illegal, libelous, defamatory, or may prejudice ongoing legal proceedings or breach a court injunction or other order;

o   Involves any content or images that infringe any third party’s intellectual property rights or infringes any third party’s right of privacy;

o   Includes any confidential, proprietary or trade secret information;

o   Contains any form of advertising or promotion for goods and services or any chain Submissions or “spam”;

o   Contains software viruses, files, or code designed to interrupt, destroy, or limit the functionality of the POPs Site or any computer software or equipment; or

o   Is unrelated to the Forum or the Forum’s topic;

–       Post the same Submission, or a very similar Submission, repeatedly;

–       Disguise the origin of any Submissions;

–       Impersonate any person or entity or misrepresent any affiliation with any person or entity;

–       Collect or store other users’ personal data; or

–       Restrict or inhibit any other user from using the Forums.

 

You acknowledge and agree that dPOP! reserves the right, but has no obligation, to monitor, alter, remove, and refuse to post Submissions. Further, dPOP! may terminate Your access to and use of the Forums for violation of these Terms.

 

You agree to indemnify and hold harmless dPOP! from all claims, costs, and expenses, including legal expenses, arising out of any Submission posted or published by you that is in breach of these Terms.

 

Security + Suspension of Services

dPOP! reserves the right, but not the obligation, to monitor and record Your activity on the POPs Site and to investigate suspected violations of these Terms. If You are involved in any violation of system security, dPOP! reserves the right to release Your details to system administrators at other websites in order to assist them in resolving security incidents.

 

Further, dPOP! reserves the right to report to and fully cooperate with any law enforcement authorities or court order requesting or directing dPOP! to disclose the identity of users. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD DPOP! HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DPOP! DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DPOP! OR LAW ENFORCEMENT AUTHORITIES.

 

If dPOP! is made aware or believes in good faith that Your conduct (or that of Your Authorized Users) may (a) violate these Terms, (b) violate any law, regulation, or proprietary rights of a third party, (c) pose a security risk to the POPs Site or any user of the POPs Site, or otherwise adversely impact the POPs Site or the content of any user, or (d) subject dPOP! or any third party to liability, dPOP! has the right, but not the obligation, to immediately disable or suspend Your access to the POPs Site without notice to You.

 

THIRD PARTY CONTENT + USER GENERATED CONTENT

Third Party Content

The POPs Site and content available through the POPs Site may contain links to other websites, which are independent of dPOP!. dPOP! makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such website. Your linking to any other website is at Your own risk. dPOP! is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by dPOP!.

 

User-Generated Content

You acknowledge and agree that all Submissions will become and remain dPOP!’s exclusive property, including any future rights associated with such Submissions, even if the provisions of these Terms are later modified or terminated. This means that You forever disclaim any proprietary rights in such Submissions, and You hereby grant to dPOP! the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. dPOP! will not be required to treat any Submission as confidential and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind.

 

It is not possible for dPOP! to fully and effectively monitor Submissions infringement of third-party rights. If you believe that any content infringes Your legal rights or is otherwise in violation of these terms, You should contact pop@dpopculture.com to request that the Submission be removed. dPOP! will investigate the request and remove the Submission as appropriate and where possible.

 

dPOP! cannot guarantee the accuracy, integrity, or quality of any Submissions. Some users may violate these Terms and post Submissions that are misleading, untrue, or offensive. You must bear all risk associated with your use of the Forum and should not rely on user Submissions.

 

ACCOUNT

Purposes

Certain areas or features of the POPs Site may be restricted to users who have created an Account by registering a user name and password and submitting required payment and identification information described in the Become a Member page on the POPs Site. Terms found on the Become a Member page of the POPs Site are incorporated into this Agreement.

 

Assignment

Your Account grants You a personal, limited, nonexclusive, nontransferable, revocable right to access the POPs Site according to these Terms.You may use the POPs Site only for your personal, internal business use. You may access the POPs Site only one device at a time. Your Account is personal to You and Your rights and obligations under this Agreement may not be assigned, sub-licensed, or otherwise transferred. This Agreement may be assigned to a third party by dPOP!.

 

Your Account

Your Account must be registered under Your current full legal name, Your email address, Your business title, and Your business or personal phone number.

 

You must choose a user name and password during Account registration. dPOP! may refuse to grant You, and You may not use, a user name or email address that: (a) is already being used; (b) may be construed as impersonating another person; (c) belongs to another person; (d) is offensive; or (e) dPOP! rejects, in Our sole discretion, for any other reason.

 

You are solely responsible for all actions taken using Your user name and password. You must make every effort to keep Your user name and password safe and should not disclose it to anyone. You shall not permit, either directly or indirectly, any other person to use Your user name or password. We are not responsible for any losses or problems You suffer as a result of Your disclosure, whether intentional or not, of Your user name or password to anyone else.

 

You agree to immediately notify dPOP! if You become aware of the loss, theft, or unauthorized use of Your user name or password. Upon notification, and in Our sole discretion, dPOP! may terminate access Your Account and issue You access under a new account.

 

You agree and understand that dPOP! collects data relating to Your user name, Your use of the POPs Site, and Your Account activity and that some of this information may be made public.

 

dPOP! reserves the right, but does not undertake the obligation, to conduct a review, at any time, to validate Your Account information, collected under this Agreement to ensure that Your participation in the POPs Site does not breach this Agreement or any applicable law. You authorize dPOP! to make any inquiries of You and for dPOP! to use and disclose to any third party We consider necessary to validate this information. If dPOP! cannot verify the information applicable to Your Account submitted pursuant to this Agreement, Your Account may be terminated.

 

Company Accounts

Authorized Users shall each create a User Account. Companies may designate multiple Authorized Users, up to the number specified in the Membership Overview on the POPs Site, under a Company Account. The user who created the Company Account and submits payment is referred to here as the Account Owner. If you are an Account Owner, You agree to abide by the following terms in managing and overseeing the Authorized Users:

–       Authorized Users shall not share any user identification or password;

–       You will not allow anyone other than the originally designated Authorized Users to access the POPs Site;

–       You will grant access to the POPs Site only to the persons You designated as Authorized Users, up to the allotted amount in the Membership Overview, and who create Accounts; and

–       dPOP! may, at Our discretion, replace an Authorized User upon Your request to pop@dpopculture.com when the Authorized User leaves Your Company.

 

You agree and understand that if dPOP! finds any Authorized User of Your Company Account to be in breach of this Agreement or any applicable law, Your Company Account may be terminated.

 

Fees + Payment

Access to some POPs Site may be subject to a fee, as specified in the Membership Overview section on the Become a Member page. All payments, including any applicable taxes, must be made in advance. If You pay by check or invoice, Your access to the POPs Site may be delayed until dPOP! receives and processes Your payment. You will receive an email when Your payment has been received.

 

Term + Termination

The Term shall begin on the date which payment is received. Accounts renew automatically for one-year (1) terms at the then current advertised fee. You may terminate Your Account thirty (30) days prior to renewal with written notice to the email address pop@dpopculture.com or by completing the process on the POPs Site. We expressly reserve the right to terminate Your Account for latency or a violation of any terms or conditions of this Agreement by You or an Authorized User, or if You or an Authorized User has breached any of the Terms, or Your or an Authorized User’s use of the POPs Site has been in any way improper or breach of this Agreement.

 

You may terminate the Accounts of Authorized Users at any time. You acknowledge and agree that termination of an Authorized User’s Account does not entitle You to another Authorized User. dPOP! may, at Our discretion, replace an Authorized User upon Your request to pop@dpopculture.com.

 

PURCHASES

Generally

You are responsible for the payment of all charges associated with the use, by You or someone else, of the POPs Site using Your user name, password, or Account. You agree to pay all charges and applicable taxes that You incur at the prices in effect when You place Your order.

 

If You wish to purchase any products through the POPs Site, dPOP! will ask that You supply billing and shipping information applicable to Your desired purchase. All information that You provide must be lawful, accurate, current, and complete. Verification of Your billing or shipping information may be required prior to Our acceptance of Your order. dPOP! generally begins processing Your order shortly after submission. If You submit an order, You agree to cooperate as needed and notify dPOP! of any changes in any information submitted in connection with Your order.

 

dPOP! will make commercially reasonable efforts to avoid delays, however, dPOP! is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond dPOP!’s reasonable control).

 

Descriptions, images, specifications, pricing, and availability of any products is subject to change without notice. dPOP! reserves the right, with or without notice, to limit the available quantity of or to discontinue any product. dPOP! also reserves the right, in Our sole discretion, to refuse any order.

 

All refunds are at the discretion of dPOP!. Any refunds can only be issued to the form of purchase that was used for the original purchase.

 

Warranties on Purchases

Products purchased from the POPs Site may include a manufacturer’s warranty. You must contact such manufacturer directly as set forth in such warranty and dPOP! disclaims any implied obligation to honor or process any such warranty.

 

Third Party Purchases

You may be able to use the POPs Site to purchase products or services from third parties. In that event, your contract for such products will be with the third party and not with dPOP!.

 

OBLIGATIONS + WARRANTIES

YOUR USE OF THIS POPS SITE AND ALL SERVICES IS AT YOUR OWN RISK. Content is provided “AS-IS” and without warranties of any kind, either expressed or implied. dPOP! disclaims any and all warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and all warranties that may arise from a course of dealing, course of performance, or usage of trade. dPOP! does not warrant that the POPs Site will be uninterrupted or error-free, that defects will be corrected, or that this POPs Site, downloadable content, or the server that makes it available are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and safeguards to satisfy Your particular requirements for the security and integrity of your hardware, software, firmware and related equipment and files, and for maintaining a means external to this POPs Site for the reconstruction of any lost data. dPOP! does not assume any responsibility or risk for Your use of the Internet. dPOP! does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and dPOP! may make changes or improvements at any time. In no event will dPOP!, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers or directors be liable for direct, special, incidental, or consequential damages, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss that may arise directly or indirectly from the use of or reliance on the POPs Site, even if dPOP! has been advised of the possibility that such damages may arise. dPOP! does not guarantee the accuracy, content, or timeliness of the POPs Site.

 

YOU, AND NOT DPOP!, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE POPS SITE. DPOP! MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “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.”

 

You understand and acknowledge that dPOP! controls and operates the POPs Site from within the United States of America. dPOP! makes no representation that the products on the POPs Site will be available in a specific geographical location. You acknowledge and agree that You are responsible for compliance with all federal, state, and local laws applicable to Your access to and use of the POPs Site.

 

LIMITATIONS ON LIABILITIES

DPOP!, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DPOP! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DPOP! AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR EQUITY, EXCEED THE AMOUNT YOU HAVE PAID TO DPOP! FOR THE APPLICABLE CONTENT OUT OF WHICH LIABILITY AROSE.

 

INDEMNITY

You agree to indemnify and hold dPOP!, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by You, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to pay any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the POPs Site.

 

FORCE MAJEURE

dPOP!, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the POPs Site that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, computer viruses, unauthorized access, theft, severe weather, earthquakes or natural disasters, acts of God, embargoes, lockouts, strikes or other labor disputes, wars, acts of terrorism, or governmental restrictions.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

dPOP! is committed to protecting copyrights and expects You to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any material used or displayed on the POPs Site infringes Your copyright, You may send Us a notice requesting that the material be removed, or access to it blocked. If You believe that any material on the POPs Site infringes a copyright, or any valid intellectual property right, please provide the following information to dPOP!:

–       A physical or electronic signature that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

–       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the POPs Site are intended to be covered by a single notification, a complete list of such works on the POPs Site and details or descriptions as to their locations within the POPs Site;

–       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;

–       Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

–       A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

–       A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Attachments cannot be accepted on notices sent via email. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

 

If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details.

 

DMCA notices and counter-notices should be sent to:

By Mail: RE: DMCA Attn: Melissa Price, dPOP!, 711 Griswold, Detroit, MI 48226

By Email: pop@dpopculture.com

 

MISCELLANEOUS

Choice of Law + Choice of Forum

These Terms will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between You and dPOP! that arises out of these Terms or pertains to the POPs Site. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts in Detroit, Michigan.

 

Rights + Remedies

dPOP! reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted in these Terms are reserved by dPOP!.

 

Non-Waiver

A party may only waive its rights under these Terms by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof

 

Severability

If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

Communication + Notices

You consent to receive communications electronically from dPOP! and You agree that all agreements, notices, disclosures and other communications that dPOP! provides to You electronically satisfy any legal requirement that such communications be in writing.

 

Unless stated otherwise in these Terms, notices to dPOP! shall be sufficient only if in writing and sent via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested. Notices must be sent to:Attn: Melissa Price, dPOP!, 711 Griswold, Detroit, MI 48226.

 

Headings

Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.

 

Integration

These Terms constitute the entire agreement among the parties and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and dPOP! with respect to the POPs Site. Notwithstanding the foregoing, any additional terms and conditions on this POPs Site will govern the items to which they pertain. dPOP! may revise these Terms at any time by updating this posting.