Terms Of Use | PopRule

Effective July 1, 2009

Welcome to PopRule!

PopRule, LLC and its corporate affiliates (referred to collectively as "us" "we" or "PopRule") operate the website found at PopRule.com, its mobile version, any of its sub-domains (collectively, the "Site"). The services offered by PopRule include the Site and other products, content, and features or applications offered from time to time by PopRule in connection with PopRule's business (referred to collectively as the "Service"). This Terms of Use Agreement (the "Terms of Use") sets forth the legally binding terms for your use of the Service. The Terms of Use also includes the Privacy Policy found at http://poprule.com/privacy (as may be updated from time to time), which is incorporated as part of the Terms of Use by this reference, and any other legal notices posted on the Site.

By accessing or using the Site or Service, you acknowledge that you have read, understand and agree to be bound by the Terms of Use, whether you are a "Visitor" (which means that you simply browse the Site, including through a mobile device, or otherwise use the Service) or you are a "Registered User" (which means you have registered with PopRule). The term "User" refers to a Visitor or a Registered User. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and these Terms of Use. If you do not agree to be bound by the Terms of Use and to follow all applicable laws, you should leave the Site and discontinue use of the Service immediately.

In order to participate in certain features of the Service, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from PopRule. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

We may modify the Terms of Use from time to time such modifications shall be effective upon posting by PopRule on the Site. We will indicate at the top of this page the date the Terms of Use were last revised. Your continued use of the Site after PopRule posts a revised Terms of Use signifies your acceptance of the new Terms of Use. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Use and to review such changes.

PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Any registration by, use of or access to the Site by anyone under 14 years of age is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or accessing the Site, you represent and warrant that you are 14 years of age or older and that you are fully able to enter into and to abide by all of the terms and conditions of these Terms of Use. Your membership may be terminated and any profiles you have created may be deleted if we believe you are less than 14 years of age.

User Registration Data; Account Security

In order to access some features of the Site or Service, you will have to become a Registered User and create an account. You may not use any other person's account without permission. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information as requested during the registration process ("Registration Data"); (b) maintain the security of your username and password; (c) maintain and promptly update the Registration Data, and any other information you provide to PopRule, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You must notify us immediately of any breach of security or unauthorized use of your account.

Proprietary Rights; Use of Content on the Site; Limited License

Except for User Content (as defined below) and Third-Party Content (as defined below), all content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the "Site Content"), is owned by or licensed to PopRule, with all rights reserved and subject to and protected by copyright and other intellectual property rights under law. The Site Content is provided to you "AS IS" for your personal and informational use. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without PopRule's prior written permission or in connection with the share function provided on the Site. To the extent PopRule has such rights in the Site Content, you are granted a limited, revocable, nontransferable license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content (excluding any software code) to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. The aforementioned license does not include the use of any data mining, robots or similar data gathering or extraction methods and is revocable at any time without notice and with or without cause.

Any use of the Site, the Site Content or the User Content other than as specifically authorized herein, without the prior written permission of PopRule, is strictly prohibited and will terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

User Content Posted on the Site and Upload Policy

As a Registered User, you may upload and post photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content (collectively "User Content" and together with Site Content, the "Content") on or through the Site or the Service, or transmit to or share with other Users. You are solely responsible for all of your User Content. You may not post, transmit, or share any Content on the Site or Service that would infringe or violate the rights of third-parties. In furtherance of the foregoing, you represent and warrant that by submitting your User Content you will not be infringing on any other person's copyright, trademark, trade secret or other proprietary or intellectual property rights, including privacy and publicity rights.

You understand and agree that PopRule may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of PopRule violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to PopRule.

You shall retain all ownership rights in and to your User Content. Notwithstanding, when you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to PopRule a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and Service, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under the Terms of Use.

You may remove your User Content from the Site at any time. You understand and agree, however, that PopRule may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content are perpetual and irrevocable.

PopRule does not control the User Content posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of any User Content. PopRule does not endorse any User Content or any opinion, recommendation, political affiliation, political party or group, or advice expressed therein, and PopRule expressly disclaims any and all liability in connection with User Content. You understand that by accessing the Site and using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. PopRule does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and PopRule will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. PopRule reserves the right to remove any User Content without prior notice.

You may access User Content solely for your information and non-commercial, personal use and as intended through the normal functionality of the Site and Service, including without limitation the "streaming" of an audiovisual work. All User Content is made available "AS IS" and may not be copied, reproduced, distributed, or otherwise exploited in any manner other than as intended by the normal functionality of the Site and Service.

Mobile Services

PopRule may offer services that are available via your mobile phone, including without limitation the ability to upload content and messages to the Site, blog post, and send and receive messages, instant messages, and other types of communications that may be developed for the Site (collectively the "Mobile Services"). Your mobile carrier's normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. When available, by using any Mobile Services, you agree that we may communicate with you regarding PopRule and the Site and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Third Party Links, Sites and Content; Third-Party Advertising

Users of the Site may post to their own profiles, or share with other Users, content, including without limitation, videos, content and articles, photographs, text, graphics, pictures, designs, music, sound, information, applications, software, widgets or items belonging to or originating from third parties (collectively, the "Third Party Content"), and/or links to other third party web sites that are not owned or controlled by PopRule (collectively, the "Third Party Sites"). In addition, PopRule may post link to Third Party Sites and/or Third-Party Content on the Site. You acknowledge and agree that all such Third Party Content and Third Party Sites shall be governed by the terms of use and other rules established by the owners, operators or providers of such Third Party Content or Third Party Sites. Notwithstanding the foregoing, you acknowledge and warrant that any Third Party Content and Third Party Sites (or links thereto or therefrom) which you post is subject to, and will fully comply with these Terms of Use.

Similarly, users of Third Party Sites may post or share Site Content and/or links to the Site on Third Party Sites. In such event, the Site and all Site Content posted on any Third Party Site will continue to be governed by these Terms of Use.

You acknowledge and agree that PopRule has no control over, and assumes no responsibility for, the content, privacy policies, practices, products or services of any Third Party Sites and Third Party Content contained on the Site, to which the Site is linked, or on which Site Content is posted. In addition, PopRule will not and cannot investigate, monitor, censor or edit the content of any Third Party Sites or Third Party Content accessible through the Site or on which Site Content is posted. By using the Site and Service, you hereby release PopRule from any and all liability arising from your use of, or access to any Third Party Sites or Third Party Content.

If you decide to leave the Site and access any Third Party Site or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies will not govern your use of or actions on such Third Party Sites or Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any Third Party Content you use or install from the Site.

From time to time we may post content on the Site at the request of a third-party that is created and/or owned by such third-parties. Sometimes such third-party will pay PopRule or give PopRule other consideration for posting the content on the Site. When that happens, such content will be differentiated and labeled as "Sponsored."

User Conduct; General Practices

The Site and the Service are available for your personal, non-commercial use only and your involvement on the Site including your posting User Content to the Site will affect and shape the overall community created through the Site. As such we ask that you help us keep the Site functioning properly and a safe and respectful place for all Users. However, there is user conduct that is not allowed on the Site. Accordingly, each User agrees not to use the Service or the Site to:

harvest or collect email addresses or other contact information of other Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Service or the Site;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
register for a User account on behalf of an individual other than yourself.
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or posted to the Site;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;
harm minors in any way;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate, "stalk" or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from PopRule, or create a false identity on the Service or the Site;
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of PopRule, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose PopRule or its Users to any harm or liability of any type.

You acknowledge that PopRule may or may not pre-screen User Content, but that PopRule and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content posted to the Site. Without limiting the foregoing, PopRule shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable. Also feel free to contact us if you want further clarification on the reasons for removal, to tell us whether or not you disagree, or you are unsure if there was a misunderstanding.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PopRule or submitted to PopRule.

You acknowledge, consent and agree that PopRule may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PopRule, its Users and the public.

You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge that PopRule may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that postings or other uploaded User Content will be retained by the Service, the maximum disk space that will be allotted on PopRule's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that PopRule has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that PopRule reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that PopRule reserves the right to modify these general practices and limits from time to time.

PopRule reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PopRule shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Community

We believe in good fruitful conversation and the power of communication, and we encourage our Users to openly share opinions with one another on the Site. Accordingly, we have listed some information and suggestions to remember when contributing, commenting or otherwise participating on the Site or Service:

Flagging content. Users can flag your posts if they believe something may be inappropriate or volatile of one's copyright. Once a flag has been sent in, we carefully review the item in depth before taking action. We reserve the right to remove your posts, comments, and profile from the Site immediately, whether it was flagged by another User or identified as a violation of these Terms of Use by PopRule Please be aware that Users that excessively flag content, or who repeatedly post inappropriate content or fraudulently identify themselves as copyright owners are subject to having their accounts suspended or removed.

Personal attacks. We encourage open discussion on PopRule, but personal attacks on others are not acceptable. An opposing opinion on a sensitive subject is not an attack, but ridiculing someone for sharing a different point of view is. We intend for PopRule to be a diverse community with a variety of views and opinions. Please respect these views, even if they are different from your own.

Ganging up/Harassment. Do not gang up or harass anyone who is strong enough to voice an opposing viewpoint. Differing opinions help spur discussion and give us all an opportunity to better understand issues in ways that you may not have thought about before.

Scams and general safety. Phishing is a type of scam where a perpetrator sends out an email or post trying to get a person to respond and give out personal information. If you see a post on the Site from a User you don't know, and it seems "phishy", then flag it and send the email/post along and we'll take care of it.

Password protection. You're responsible for any activity that happens under your username. Thus, you are responsible for keeping your password safe and secret.

User disputes. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Trademarks

228466 (ACTION) short code, PopRule.com, PopRule, All Politics Is Social, Political Action Network, PopRule LLC, and other PopRule graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of PopRule or its affiliates in the U.S. and/or other countries. PopRule's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PopRule.

Copyright and Intellectual Property Policy

PopRule respects the intellectual property of others, and we ask our Users to do the same. It is our policy to respond to clear notices of alleged copyright infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, PopRule has adopted a policy of terminating, in appropriate circumstances and at PopRule's sole discretion, Users who are deemed to be repeat infringers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please file a written notice of infringement with PopRule's copyright agent containing the information specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

PopRule's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Attn: Legal Affairs
copyright at poprule.com

For clarity, only copyright infringement notices should go to this above e-mail address. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

Counter notice: If you believe the User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the such User Content, you may submit a counter-notice to the address listed above containing the following information:

Your physical or electronic signature;
Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to User Content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Users who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Privacy

We care about the privacy of our Users. Go to http://www.poprule.com/privacy to review PopRule's privacy policy and to find out how your personal information is treated by PopRule.

Disclaimers

PopRule is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by PopRule, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. PopRule is not responsible for the conduct, whether online or offline, of any User of the Site.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. PopRule assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. PopRule is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or Service. Under no circumstances will PopRule be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES) AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND POPRULE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. POPRULE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. POPRULE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICE OR ANYTHING CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE SOFTWARE) FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

PopRule reserves the right to change any and all content, software and other items used or contained in the Site and Service offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by PopRule.

Limitation on Liability

IN NO EVENT WILL POPRULE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF POPRULE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, POPRULE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO POPRULE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL POPRULE'S LIABILITY TO YOU EXCEED $1,000 USD. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO POPRULE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM POPRULE, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Account Termination Policy

PopRule may terminate your User account, delete your profile and any content or information that you have posted on the Site or through the Service and/or prohibit you from using or accessing the Service or the Site, or any portion thereof, for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation in the event PopRule has determined you are a repeat offender of these Terms of Use or PopRule believes that you are under 14 years of age.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between you and PopRule or any of our affiliates. With respect to any disputes or claims you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of located in Los Angeles, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles, California. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

Indemnity

You agree to indemnify and hold PopRule, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Site your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of the Terms of Use or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to PopRule are non-confidential and shall become the sole property of PopRule. PopRule shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other

The Terms of Use constitute the entire agreement between you and PopRule regarding the use of the Site and/or the Service, superseding any prior agreements between you and PopRule relating to your use of the Site or the Service. The failure of PopRule to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of the Terms of Use is held invalid, the remainder of the Terms of Use shall continue in full force and effect. If any provision of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Please contact us at contact at poprule.com any questions regarding these Terms of Use.

I HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.