Your use of the services and products provided by Post Pop Studios LLC, an Ohio limited liability company (“PPS”), is subject to the following Terms and Conditions (“Terms”). These Terms apply to the PPS website, all PPS services and products, and all software and mobile applications associated with PPS (collectively, the “Services”).
YOUR USE OF THE SERVICES CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND PPS, AND THE TERMS GOVERN YOUR USE OF AND ACCESS TO THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE SERVICES.
1. Prohibited Use.
(a) Illegal Use. You are strictly prohibited from using, promoting, or facilitating the Services for any illegal, harmful, fraudulent, infringing, or offensive use, or transmitting, storing, displaying, distributing, or otherwise making available content that is illegal, harmful, fraudulent, infringing, or offensive. You will not make any network connection to any users, hosts, or networks, unless you have express written permission to communicate with them.
(b) Transfer. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Services, including but not limited to all content, services, or products, is hereby expressly prohibited.
(c) Scrapping and Interference. Monitoring or crawling of the Services in any form is strictly prohibited. You will not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic devices, programs, algorithms, or methodologies, or any similar or equivalent manual process to (i) access, acquire, copy, or monitor any portion of the Services; (ii) reproduce or circumvent the navigational structure or presentation of the Services; (iii) obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Services. You will not probe, scan, or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You will not reverse look-up or seek to trace any information on any other user of or visitor to the Services. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or PPS’ systems or networks, or any systems or networks connected to the Services. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services, or with any other person’s use of the Services. You may link to the Services, provided you do so in a way that is fair and legal and does not damage PPS’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on PPS’ part without PPS’ express written consent. You will not use any trademarks, logos, and designs of PPS, without the express written agreement of PPS. You will not modify, merge, decompile, disassemble, translate, decode, or reverse engineer any portion of the Services.
(d) Unsolicited Spam and Messaging. You will not use the Services or any of its communication and messaging features to send or generate unsolicited commercial email or bulk messages (spam). You will not use the Services to promote products or services, other than as approved by PPS. PPS may revoke any of your privileges or Services functionality aspects if you breach these Terms.
(e) Email and Phone Numbers. Certain features of the Services may prompt you to input a phone number or email. If you input a phone number or email, you state that such phone number or email is your own. You further acknowledge and agree that standard messaging and data rates from your cellular or data provider may apply.
(f) Access to Device Camera. Certain features of the Services may prompt you to grant permission for the Services to access the camera on your device; in utilizing the Services for any photographic functions that you choose, you thereby grant PPS and the Services consent to access the camera on your device for such purposes.
(g) Content. You will not post, submit, or upload any content to the Services that PPS, in its sole discretion, deems to:
(i) be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; or
(ii) promote any sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2. Intellectual Property Rights and Services Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and artwork (collectively, “Services Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Services Content, contained on the Services is owned, controlled, or licensed by or to PPS and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Unless otherwise expressly permitted, no part of the Services and no Services Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, including mirroring, to any other computer, server, website, or other medium.
3. Changes to the Services. PPS reserves the right, without notice to you, to change, modify, suspend, discontinue, or permanently terminate (i) your access to, or portions of, the Services; or (ii) operation of the Services. PPS may modify these Terms at any time. It is your responsibility to monitor the Terms for changes. Your continued use of the Services following any changes to the Terms will constitute your acceptance of the modified Terms.
4. Accounts; Security. Access to or use of certain portions and features of the Services may require you to create an account (“Account”). You state that all information provided by you is current, accurate, complete, and not misleading. You further state that you will maintain and update all information provided by you to ensure accuracy on a prompt, timely basis. You are entirely responsible for maintaining the confidentiality and security of your account, including your password, if applicable. Accounts are not transferrable. You agree to promptly notify PPS if you become aware or suspect any unauthorized use of your account, including any unauthorized access or attempted access.
5. User Content. PPS and you state that you own all right, title, and interest in all of your content and material submitted to the Services, including photographs. You further state that such posting or submission of such content or materials does not violate or constitute infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or any other intellectual property right, or otherwise constitute a breach of any agreement with any other person or entity. By posting or submitting content or materials to the Services, including any feedback, suggestions, or ideas, you are granting PPS a non-exclusive, royalty-free, perpetual, transferable, sublicensable, and worldwide license to use such content or materials, including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, publish, reformat, and to otherwise incorporate such content and materials into a collective work. You further waive any and all moral rights in and to such content in favor of PPS.
7. Indemnity. You agree that you will indemnify PPS and its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates from and against all the liabilities, claims, damages, and expenses (including reasonable attorney fees and reasonable court costs) made against PPS by any third party arising out of (i) your use of the Services; (ii) your breach or alleged breach of these Terms; or (iii) your breach or alleged violation of any patent, copyright, trademark, proprietary, or other rights of any third party. PPS reserves the right 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 PPS’ defense of such claim(s).
8. Disclaimers and Limitations of Liability.
(a) Disclaimer of Warranties. The SERVICES are provided by PPS on an “AS IS” and “AS AVAILABLE” basis. PPS makes no representations or warranties of any kinds, express or implied, as to the operation, THE CONTENT ON THE SERVICES, or availability of the SERVICES. all information and SERVICES content on the SERVICES is subject to change without notice. PPS disclaims all warranties, express or impled, including any warranties of accuracy, non-infringement, merchantabilty, and fitness for a particular purpose. PPS disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the SERVICES. PPS IS NOT RESPONSIBLE for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action. you assume total responsibility for your use of the SERVICES. your remedy against PPS for DISSATISFACTION with the SERVICES or any SERVICES content is to stop using the SERVICES or any SERVICES content. IN THE EVENT YOU PAID ANY FEES TO PPS, PPS’ entire liability under THESE TERMS WILL be a refund to YOU of the fees paid to PPS hereunder, and in no event will PPS’ liability for any reason exceed such fees.
(b) Data. You explicitly agree that PPS does not have any responsibility to verify the accuracy of any content or materials submitted by any third party to the Services. You are solely responsible for retaining back-up copies of all data, information, and other content you provide to PPS and submit to the Services. You further agree that the Services may automatically delete data, information, and other content you provide to PPS and submit to the Services.
(c) Special Damages. IN NO EVENT SHALL PPS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES.
9. Violations of these Terms. PPS may disclose any information, including your identity, if PPS determines, in its sole discretion, that such disclosure is necessary, or such disclosure is required by applicable law. You agree that any violation by you of these Terms may cause irreparable harm to PPS, for which monetary damages would be inadequate, and you agree that PPS, in its sole discretion, may obtain any injunctive or equitable relief that PPS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PPS may have at law or in equity. If PPS does take any legal action against you as a result of your violation of these Terms, PPS will be entitled to recover from you, and you agree to pay, all reasonable attorney fees and costs of such action, in addition to any other relief granted to PPS. You agree that PPS will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms.
10. Governing Law. These Terms and your use of the Services, including all disputes arising hereunder, will be governed by the laws of the United States and by the laws of the State of Ohio, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts of Hamilton County, Ohio, and waive any objection to such jurisdiction or venue.
11. Age. As a condition of using the Services, you state that you are at least thirteen (13) years of age (“Minimum Age”). If you are between the ages of thirteen (13) and eighteen (18), you (and your parent or legal guardian) state that you are using the Services with the consent and supervision of your parent or legal guardian. If any law requires you to be older for PPS to provide access to the Services, then the Minimum Age is such older age.
12. Outside Hyperlinks. The Services may contain hyperlinks to other websites operated by parties other than PPS, which are beyond PPS’ control. PPS does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of outside hyperlinks. PPS does not assume any liability for the actions, product, or content of any of these and any other third parties. PPS also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
13. Miscellaneous. You will not assign any of your rights or obligations under these Terms without the prior written consent of PPS. If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms constitute the entire agreement between you and PPS with regard to your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and PPS with respect to such use are hereby superseded and canceled. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available.
Last updated: September 2020