Agreement of Terms and Use
You hereby acknowledge that, if you use POPUPINSIDER (including POPUPINSIDER.com and its related sites) (collectively “PopUpInsider”), you agree to all of the following terms and conditions with POPUPINSIDER, LLC and its subsidiaries and affiliates. You acknowledge and accept that this Agreement of Terms and Use (this “Agreement”) is effective as of the date you first used PopUpInsider and shall continue indefinitely, unless this Agreement is terminated by PopUpInsider.
You hereby agree that you will not:
upload content or items that are, in our sole judgment, lewd, inappropriate, or of a sexual nature;
- violate any laws, rights of third party or our policies;
- use our sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites;
- fail to deliver payment for use of the site;
- change or interfere with other users' listings;
- upload false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- transfer your POPUPINSIDER account or user ID to another party without our consent;
- distribute or upload spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm POPUPINSIDER, or the interests or property of POPUPINSIDER users;
- copy, modify, or distribute rights or content from the POPUPINSIDER sites, or POPUPINSIDER's copyrights and trademarks; or
- use or distribute information about other users, including email addresses, without their prior written consent.
Without limiting any other rights or remedies, we may restrict, suspend, or terminate your account with PopUpInsider, prohibit access to our sites and their content, remove any. You hereby agree that we have the right to cancel unconfirmed accounts or accounts that have been inactive for an extended period of time, or to modify or discontinue POPUPINSIDER sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites in a timely manner with a valid payment method. You agree to pay any and all legal fees, costs and expenses we incur in enforcing the terms and conditions of this Agreement.
If and when you upload or deliver content to PopUpInsider’s sites, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content you delivered, in any media known now or in the future.
You acknowledge and agree that POPUPINSIDER and its officers, members, directors, attorneys, and agents are not responsible nor will be held liable for other users' content, actions, or inactions. You acknowledge that we are not a broker, nor your agent, and that we do not represent you unless we have agreed do so in writing signed by our owners. PopUpInsider is merely a venue to allow anyone to offer, post, advertise, sell, and/or rent on any agreed upon terms and conditions any space, premises, land, offices, stores or other real property in any form as agreed upon between users. You hereby agree and acknowledge that we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of individuals who upload content to sell, lease, or rent any property posted, the ability of renters, leases, licensees, purchasers or other users to pay for property contracted for, or that users will actually complete a transaction. You hereby acknowledge that we will perform no investigation as to the accuracy of any information or uploads on PopUpInsider’s sites, and you agree to use and/or trust any information on the sites at your own risk. You agree that all PopUpInsider sites are provided on an “as-is” basis.
You acknowledge that we do not guarantee constant or secure access to our sites. Accordingly, we hereby exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, direct, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites.
Limitation of Liability
Notwithstanding anything contained in this Agreement, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) the total fees you paid to us in the three (3) months prior to the action giving rise to the liability, and (b) $500.
To the fullest extent permitted by law, you agree to indemnify, protect, defend with competent counsel, and hold harmless POPUPINSIDER, LLC, its officers, employees, affiliated companies, partners, members, successors, assigns, legal representatives, shareholders, and agents, for, from and against any and all claims, damages, losses, liabilities, liens, fines, penalties, suits, judgments, causes of action, costs and expenses (including, without limitation, court costs, attorneys fees and disbursements), of any nature, kind or description arising out of, resulting from, or caused, directly or indirectly, (in whole or in part) by your use of our sites, any agreements you make with third parties resulting from information contained on the site, any claims by any third parties with respect to information you post or upload on the site, or your violation of any law or term of this Agreement. You hereby specifically waive any protections in any law or ordinance, if any, applicable to you in your jurisdiction or other jurisdiction which in any way limits this general release.
You agree that you will not: (i) take any action that creates or may create (in our sole discretion) an unreasonable or excessive load on our site; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of POPUPINSIDER and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the sites or any activities conducted on or with the sites.
All notices, demands, and other communications hereunder to be delivered to PopUpInsider shall be in writing mailed, via certified mail, return receipt requested, or sent by overnight courier to PopUpInsider at the following addresses:
c/o Anton Enterprises, LLC.
7 Park Avenue, Suite 16A
New York, NY 10016
Any notice herein which is required to be delivered to you by PopUpInsider may be given by POPUPINSIDER, LLC and may be delivered by email to any email address you list with us, or in writing to any address that you list with us.
You hereby agree that we may amend this Agreement at any time by posting the amended terms on this site. Any and all such amended terms shall automatically be effective twenty-four (24) hours following their posting on the site. Therefore we recommend that you regularly review the terms of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any other amendment to this Agreement must be in writing and executed by both parties. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. Failure of PopUpInsider to insist on strict performance of any of the conditions or provisions of this Agreement, or to exercise any of our rights hereunder, shall not waive such rights. This Agreement shall be governed by and construed in accordance with the laws of the state of New York. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this Agreement must be in writing and executed by both parties. The article headings are for convenience only and do not affect the meanings of the articles. In any dispute arising under this Agreement, in the event of a conflict between the text and a caption, the text controls.