Terms and Conditions of Use
Please read this User Agreement (the “User Agreement”) fully and carefully before using https://popularium.com (the "Site") and the services, features, content or applications (together with the Site, the "Services") offered by Popularium, Inc. ("Popularium", "we", "us", or "our".) This User Agreement set forth the legally binding terms and conditions for your use of the Site and the Services.
By using the Services, including accessing the Site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, at our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this User Agreement is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where this User Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Content and User Content Definition
For purposes of this Author Agreement, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, including Authors, (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, submitted to or accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Content Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Popularium, Inc.’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Popularium, Inc.’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Popularium, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this foregoing license shall apply to the same.
You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, solely for personal use of such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Unless otherwise agreed upon in writing by you and Popularium, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the Content.
The materials on Popularium, Inc.’s web site are provided “as is”. Popularium, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Popularium, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Popularium, Inc. or its creators be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Popularium, Inc.’s Internet site, even if Popularium, Inc. or a Popularium, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and 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 we are concerned that you may have violated this Author Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
Revisions and Errata
The materials appearing on Popularium, Inc.’s web site could include technical, typographical, or photographic errors. Popularium, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Popularium, Inc. may make changes to the materials contained on its web site at any time without notice. Popularium, Inc. does not, however, make any commitment to update the materials.
Popularium, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Popularium, Inc. of the site. Use of any such linked web site is at the user’s own risk.
Third Party Services
Popularium is a general interest web site containing stories about a wide variety of subjects, offered for general entertainment purposes only. The information on the Site represents the opinions and perspectives of a variety of contributors to the Site since its inception. We publish stories, video, and other content from current and past contributors. You should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Site. Some of this content may be sponsored by advertisers or contain affiliate links to product offers. Popularium may receive monetary compensation from the third parties mentioned in the content to the extent that readers click through to such third parties’ respective web sites or complete transactions on these third party web sites.
The products and services discussed on the Site are the property of their respective third party respective owners. We do not make any representations regarding the use of such products and your individual results may vary from the experiences described on our Site. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Popularium. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone. Because we do not manufacture or sell the products or services discussed on the Site, it is important that you review all the information on the linked web sites including their terms and conditions and privacy policies. Such terms and conditions and privacy policies may be substantially different from ours. When you click on one of these external links on our Site, you will be redirected to the owners of these products or services.
Any claim relating to Popularium, Inc.’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
This User Agreement is the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable. 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
This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.
Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation.
You may contact us at the following address:
11400 West Olympic Blvd.
Los Angeles, CA 90064