Terms and Conditions of Use

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 26 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.

The following terms and conditions (the “Terms of Use”) govern your use of the websites, digital applications, online stores, registrations, events, publications, subscriptions, channels, pages, and services in all media to which these Terms of Use are linked or contain the URL for these Terms of Use, and which are owned or operated by The PopRadar and its subsidiaries and affiliates (“The PopRadar,” “we,” and “us”) (collectively, the “Services”). This includes all subdomains of our websites and any content, code, data, services, features, or functionality made available from or through the Services. Certain third-party subscription pages for Publications and other third-party sites or apps where we post these Terms of Use and collect information or otherwise provide The PopRadar information or services are considered “Services” when linked to these Terms of Use, but these Terms of Use do not otherwise apply to other activities on the third-party website(s).

We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Services. Changes in the Terms of Use will be effective when posted, and your continued use of the Services and/or the services made available on or through the Services after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SERVICES, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.

‍PLEASE ALSO NOTE THAT WITH RESPECT TO PURCHASERS OF OUR PRODUCTS, WE RESERVE THE RIGHT TO CHANGE THE NUMBER OF ISSUES IN A SUBSCRIPTION TERM, INCLUDING DISCONTINUING ANY FORMAT, MAKING SUBSTITUTIONS, AND/OR MODIFYING THE MANNER IN WHICH THE SUBSCRIPTION IS DISTRIBUTED AS NOTED BELOW. YOU ARE RESPONSIBLE FOR PROVIDING US WITH ANY ADDRESS CHANGES FOR YOUR ACCOUNT.

1. Ownership.

As between you and The PopRadar, excluding your Submitted Materials (as defined below), The PopRadar or its licensors own, solely and exclusively, all rights, title, and interest in and to the Services, including, without limitation, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, and Shockwave files), code, data, and materials thereon, the look and feel, design, and organization of the Services, and the compilation of the content, code, data, and materials on the Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the Services does not grant to you ownership of any content, code, data, or materials you may access on or through the Services. For more information about this, see the The PopRadar Data Policy, which can be found here, and which is incorporated into these Terms of Use.

2. Feedback.

If you provide The PopRadar any feedback or suggestions regarding the Services (“Feedback”), including, without limitation, ideas, concepts, know-how, or techniques relating to the functionality or design of the Services, you hereby assign to The PopRadar all rights in the Feedback and agree that The PopRadar shall have the right to use such Feedback and related information in any manner it deems appropriate. The PopRadar will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to The PopRadar any feedback that you consider to be confidential or proprietary.

3. Limited License.

You may access and view the content on the Services on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Services, make single copies or prints of such content for your personal, internal use only. Use of the Services and the services offered on or through the Services are only for your personal, non-commercial use. Further, with respect to our subscriptions, each account is for a single user only. You are responsible for activity that occurs through your account.

To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), you should maintain control over the devices that are used to access the service and not reveal the password or details of the payment method associated with the account to anyone. You are not allowed to share your account login credentials or give your login credentials to anyone else. The PopRadar may cancel or suspend access to your account if, in its sole determination, it is being accessed by multiple users.

4. Prohibited Use.

Any commercial or promotional distribution, publishing, or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of The PopRadar or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit the Services. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Services. If you make other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

For web posting, reprint, transcript, or licensing requests for The PopRadar material, please send your request to the following: epage256@gmail.com

5. Marks.

The trademarks, logos, service marks, and trade names (collectively the “Marks”) displayed on the Services or on content available through the Services are registered and unregistered trademarks or service marks of The PopRadar and third parties. All Marks not owned by The PopRadar that appear on the Services or on or through the Services’ services, if any, are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Services without the written permission of The PopRadar or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks. Your misuse of the Marks displayed on the Services or on or through any of the Services’ services is strictly prohibited.

6. Registration Information.

In the course of your use of the Services, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). The PopRadar’s information collection and use policies with respect to the privacy of such Registration Information are set forth in the Services’ Privacy Policy, which is incorporated herein by reference for all purposes (the “Privacy Policy”).

You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete, and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and username and for restricting access to your computer and information so others may not access our Services using your Registration Information.

The PopRadar will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify The PopRadar of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. The PopRadar cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

7. Eligibility.

You must meet any age, geographic, or other eligibility requirements specified on the Services to subscribe to a magazine, publication, or service that The PopRadar offers, to order anything online, to participate in certain contests, games, or sweepstakes, or to access or participate in certain services at or areas of our Services. By registering for those Services, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Services and vendor policies.

8. Submitted Materials.

Unless specifically requested, The PopRadar does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other material from you through the Services, by e-mail, or in any other way. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent by you to The PopRadar via any medium (including, for example and without limitation, photos, audio, video, messages, text, files, or other content which you submit or post to our chat rooms, message boards, comment sections, and/or our blogs, social media pages or feeds, or send to us via e-mail or U.S. mail) (“Submitted Materials”) will be deemed not to be confidential or secret and may be used by The PopRadar in any manner consistent with these Terms of Use and the Privacy Policy.

By submitting or sending Submitted Materials to The PopRadar, you:
(i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived,
(ii) agree that such Submitted Materials comply with these Terms of Use, including without limitation Sections 9 (Prohibited User Conduct) and 10 (Public Forums), and
(iii) grant The PopRadar and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes.

Without limiting the foregoing, you agree that if you choose to submit comments (e.g., a “letter to our editors” or an online review or comment) to The PopRadar via any medium (including those noted above with respect to all Submitted Materials), The PopRadar may publish these comments along with, at its sole discretion, your name, screen name, and other information you have provided in its editorial publications in any form, media, or technology now known or later developed. You hereby consent to this.

The PopRadar cannot be responsible for maintaining any Submitted Material that you provide and may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will The PopRadar be liable for any inaccuracy or defect in any Submitted Materials.

9. Prohibited User Conduct.

You warrant and agree that, while using the Services, you shall not:
(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Services’ content, materials, or services (for example, without limitation, in an RSS feed or a podcast received from The PopRadar or otherwise through the Services), or use, redistribute, republish, or exploit such content or service for any further commercial or promotional purposes; or
(c) attempt to gain unauthorized access to other computer systems through the Services.

You shall not:
(i) engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services or the services offered on or through the Services, including, without limitation, any information residing on any server or database connected to the Services or the services offered on or through the Services;
(ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means;
(iii) use the Services in any manner that may interrupt, damage, disable, overburden, or impair the Services or its services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
(iv) use the Services in violation of The PopRadar’s or any third party’s intellectual property or other proprietary or legal rights; or
(v) use the Services in violation of any applicable law.

You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Services.

Without limiting the foregoing, you may not:
(i) use any artificial intelligence systems, machine learning models or tools, software robots, spiders, crawlers, or other data gathering, analysis, or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape, or aggregate the Services, including any content, data, or any portion thereof (except for a public search engine’s use of spiders solely for creating search indices that surface links to our Services);
(ii) use the Services, including any content, data, or any portion thereof, to train artificial intelligence, machine learning models, automated processing tools, other algorithms, or other software systems, whether automated or manual; or
(iii) build a business, in whole or in part, resell, redistribute, recirculate, or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Services (including any code used in any software) or content, whether or not for profit.

You are further prohibited from disabling, modifying, interfering with, or otherwise circumventing any technology to view the Services (including any content) without:
(i) displaying visibly both content and all surrounding elements; and
(ii) having full access to all functionality permitting viewing of content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.

10. Public Forums.

The PopRadar may, from time to time, make messaging services, chat services, bulletin boards, message boards, comment sections, blogs, other forums, and other such services available on or through the Services. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute, or otherwise publish through the Services any Submitted Materials which:
(i) restrict or inhibit any other user from using and enjoying the Services;
(ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent;
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;
(iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right;
(v) contain a virus, spyware, or other harmful component;
(vi) contain embedded links, advertising, chain letters, or pyramid schemes of any kind; or
(vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact.

You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from The PopRadar. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.

11. Right to Monitor; Editorial Control.

The PopRadar reserves the right, but does not have an obligation, to monitor and/or review all Submitted Materials, and The PopRadar is not responsible for any such Submitted Materials. However, The PopRadar reserves the right at all times to disclose any Submitted Materials as necessary to satisfy any law, rule, regulation, or government request, or to edit, refuse to post, or to remove any Submitted Materials, in whole or in part, that The PopRadar considers to be, in its sole discretion, objectionable or in violation of these Terms of Use, The PopRadar’s policies, or applicable law. If The PopRadar elects to modify Submitted Materials, it nonetheless assumes no responsibility for the Submitted Materials.

The PopRadar may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if it believes you are in breach of the guidelines set forth in this paragraph, our terms and conditions, or applicable law, or for any other reason without notice or liability.

12. Private or Sensitive Information on Public Forums.

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Services and elsewhere on the Internet, which are likely to be accessible for a long time. You have no control over who will read them now or in the future. Therefore, it is important that you are careful and selective about the personal information you disclose about yourself and others. In particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in your comments to The PopRadar’s public forums.

13. Other Users.

Each user of the Services is solely responsible for any and all of their Submitted Materials. Because The PopRadar does not control Submitted Materials, you acknowledge and agree that The PopRadar is not responsible for any Submitted Materials and makes no guarantees regarding the accuracy, currency, suitability, or quality of any Submitted Materials. The PopRadar assumes no responsibility for any Submitted Materials. Your interactions with other users of the Services are solely between you and such users. You agree that The PopRadar will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any other user of the Services, The PopRadar is under no obligation to become involved.

You acknowledge that other users may post comments about your Submitted Materials, which may be derogatory, and The PopRadar has no obligation to monitor or delete any such comments or Submitted Materials. You hereby release and forever discharge The PopRadar (and its directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of the Services.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

14. Linking to the Websites.

You agree that if you include a link from any other websites to the Services, such a link shall direct to the full version of an HTML-formatted page of the Services. You are not permitted to link directly to any image hosted on the Services or The PopRadar’s services, such as using an “in-line” linking method to cause the image hosted by The PopRadar to be displayed on another website. You agree not to download or use images hosted on the Services on another website for any purpose, including, without limitation, posting such images on another site.

You also agree not to link from any other website to the Services in any manner such that the Services, or any page of the Services, are “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. The PopRadar reserves all rights under the law to insist that any link to the Services be discontinued and to revoke your right to link to the Services from any other websites at any time upon written notice to you.

15. Orders for Products and Services.

The PopRadar may, directly or through its third-party vendors (“Vendors”), make certain products available to visitors and registrants of the Services. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to The PopRadar or its Vendors. You agree to pay all applicable taxes. If payment is not received by The PopRadar or such Vendors from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by The PopRadar or the Vendors.

Certain products that you purchase and/or download on or through the Services may be subject to additional terms and conditions presented to you at the time of such purchase or download. The PopRadar reserves the right to change the number of issues in a subscription term, including discontinuing any format, making substitutions, and/or modifying the manner in which the subscription is distributed. If your email or postal address changes, you agree to provide The PopRadar with your updated address.

16. Third Party Websites.

You may be able to link from the Services to third-party websites, and third-party websites may link to the Services (“Linked Sites”). You acknowledge and agree that The PopRadar has no responsibility for and disclaims any liability for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of The PopRadar. Inclusion of any Linked Sites does not constitute an endorsement or sponsorship by The PopRadar of such Linked Sites or the information, content, products, services, advertising, code, or other materials presented on or through such Linked Sites.

The PopRadar does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Additionally, The PopRadar is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.

17. Advertisements and Promotions

The PopRadar may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than The PopRadar, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. The PopRadar is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of third-party advertisers on the Services.

18. Embedded Video Links

Certain pages of the Services provide the functionality for you to “embed” videos appearing on the page on other websites or blog pages (together with the Player, as defined herein, the “Embedded Video”). This functionality is provided by giving you the necessary HTML code to include on such pages to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from The PopRadar’s servers, but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed a video on a page, you agree as follows:

(i) you will not alter, in any respect, the Embedded Video (including, without limitation, the content, format, length, and advertising associated therewith) from how it is served from The PopRadar’s servers;
(ii) you will not facilitate access to the Embedded Video directly or through any video player or other tool other than the video player provided by The PopRadar when the Embedded Video appears (the “Player”);
(iii) without limiting the foregoing, you will not link directly to the Embedded Video file; and
(iv) the Embedded Video may be used in part for commercial purposes, including on an advertising-supported page, provided that:
(a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content;
(b) you shall not insert advertising, sponsorship, or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and
(c) to the extent you sell any advertising, sponsorship, or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by The PopRadar which serves as a sufficient basis for such sales.

You may not block, inhibit, build upon, or disable any portion of the Player, including, without limitation, links back to The PopRadar’s site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Services.

Without limitation of any provision of these Terms of Use, The PopRadar shall have no liability to you for any reason with respect to your use of Embedded Video, and you agree to indemnify, defend, and hold The PopRadar, its affiliates, and its affiliates’ directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.

 

19. Content Feeds.

RSS (Really Simple Syndication) services and other syndication formats such as Atom, as well as APIs (Application Programming Interfaces) (collectively, the “Content Feeds”), are means by which The PopRadar offers feeds of story headlines in XML or JSON format (“The PopRadar Content”) to visitors of the Services who use the applicable Feed aggregators. You must use the Content Feeds as provided by The PopRadar, and you may not edit or modify the text, content, or links supplied by The PopRadar.

The applicable Content Feed service may be used only with platforms that provide a functional link, which, when accessed, takes the viewer directly to the display of the full article on the Services. You may not display The PopRadar Content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable Services web page. You may not insert any intermediate page, splash page, or other content between the Content Feed link and the applicable Services web page.

You must provide attribution to the appropriate Services in connection with your use of the Content Feeds. If you provide this attribution using a graphic, you must use the appropriate Services logo that has been incorporated into the Content Feed. The PopRadar reserves the right to discontinue providing any or all of the Content Feeds at any time and to require you to cease displaying, distributing, or otherwise using any or all of the Content Feeds for any reason, including, without limitation, your violation of any provision of these Terms of Use.

The PopRadar assumes no liability for any of your activities in connection with the Content Feeds or for your use of the Content Feeds in connection with your websites or any other properties.

20. Indemnification.

You agree to indemnify, defend, and hold The PopRadar and its directors, officers, employees, agents, successors, and assigns harmless from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from:
(a) your use of the Services,
(b) your placement or transmission of Submitted Materials or any other message, content, information, software, or other materials through the Services, and/or
(c) your breach or violation of any applicable law or regulation or these Terms of Use.

The PopRadar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The PopRadar’s defense of such claim. You agree not to settle any matter without the prior written consent of the General Counsel of The PopRadar

22. DISCLAIMER OF WARRANTIES.

THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, OR USEFULNESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND THE POPRADAR HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.

THE POPRADAR DOES NOT WARRANT THAT THE SERVICES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE POPRADAR MAKES NO WARRANTY THAT THE SERVICES OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS.

NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE POPRADAR OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE POPRADAR ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SERVICES.

UNDER NO CIRCUMSTANCES SHALL THE POPRADAR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFF.

YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

THE POPRADAR TRIES TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICES IS CORRECT AND UP-TO-DATE. THE POPRADAR RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SERVICES AT ANY TIME AND WITHOUT PRIOR WARNING.

THE POPRADAR NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SERVICES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL, OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED THE POPRADAR EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE SERVICES). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE POPRADAR AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SERVICES OR IN CORRESPONDENCE WITH THE POPRADAR OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SERVICES ARE PROVIDED BY THE POPRADAR “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE POPRADAR OR ITS LICENSOR OR SUPPLIER.

23. LIMITATION OF LIABILITY.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE POPRADAR, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SERVICES, LOST BUSINESS, OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (a) TWENTY-FIVE US DOLLARS ($25), OR (b) THE AMOUNT, IF ANY, PAID BY YOU TO THE POPRADAR FOR YOUR USE OF THE SERVICES OR PURCHASE OF PRODUCTS VIA THE SERVICES.

24. Applicable Laws.

The PopRadar controls and operates the Services from its offices in the United States of America. The PopRadar does not represent that materials on the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA, without giving effect to any law that would result in the application of the law of another jurisdiction.

25. Termination.

The PopRadar may terminate, change, suspend, or discontinue any aspect of the Services or the Services’ features at any time. The PopRadar may also restrict, suspend, or terminate your access to the Services and/or its features if it believes you are in breach of these Terms of Use or applicable law, or for any other reason, without notice or liability. Without limitation, The PopRadar may, in its sole discretion and without liability, terminate the use privileges of users who are repeat infringers of intellectual property rights.

27. Miscellaneous.

These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and The PopRadar regarding the use of the Services. The PopRadar’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

28. Supplemental Terms.

Getty Images Notice: Without limiting any of the terms set forth herein, Getty Images still images and visual representations (including, without limitation, Getty Images wholly-owned images and visual representations, as well as the collections licensed through Getty Images) may not be republished, retransmitted, reproduced, downloaded, or otherwise used, except for downloading for personal, non-commercial use.