GLOW by POPSUGAR
TERMS OF SERVICE AND TERMS OF SALE
Effective April 5, 2019
POPSUGAR Inc., together with its subsidiaries and affiliates (“POPSUGAR,” “we,” “us,” “our”), owns and operates the GLOW by POPSUGAR service (the “Service” or “GLOW”) which includes, without limitation, use of the GLOW website, platform, applications, and any successor or related site(s), application(s) and/or Products or purchase of any Product (as defined below) through the Service.
Please note that (1) the section below entitled YOU ARE AGREEING TO BINDING ARBITRATION contains an arbitration clause and class action waiver. By agreeing to these GLOW Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions; and (2) the section below entitled NEW JERSEY RESIDENTS contains an important message to residents of New Jersey.
TERMS AND SERVICE MAY BE MODIFIED AT ANY TIME
POPSUGAR reserves the right, in its sole discretion, to modify these GLOW Terms at any time by posting a notice on the GLOW website at https://glow.popsugar.com, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of the Service by you following such notice constitutes your acceptance of these GLOW Terms as modified. POPSUGAR may change, suspend or discontinue the Service or any portion of the Service at any time. POPSUGAR may also impose limits or additional terms on certain features, Products and/or the Service or restrict your access to parts or all of the Service.
You must be eighteen (18) years old or older to use the Service as a Seller.
You must be thirteen (13) years old or older to use the Service as a Buyer; provided, however if you are under eighteen (18) years old, you may only purchase through an account registered and owned by your parent or legal guardian and only with the permission and under the direct supervision of your parent or legal guardian. If you believe that a child under age thirteen has used the Service and provided us with any information, please contact us at email@example.com.
You will be required to register for an account (“Account”) with a username and email address, and select a password to use certain features of the Service, including purchasing any Product or offering any Product for sale. You may not use a name or email of another person with the intent to impersonate that person. You shall provide POPSUGAR with accurate, complete, and updated registration information. You are responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. POPSUGAR reserves the right to refuse registration of, or cancel a user Account in its discretion. Accounts may not be shared or transferred.
The person whose billing information is on the Account is solely responsible for maintaining the security of their Account, and shall be responsible for all activity that takes place on that Account. You must notify POPSUGAR immediately if you suspect any unauthorized access to or use of your account. If you are registering for an Account as a business entity, the Account must be in the name of the business entity, and you personally guarantee and represent to POPSUGAR that you have the right and authority to agree to these GLOW Terms on behalf of such business entity.
TERMINATION OF ACCOUNT
POPSUGAR may terminate or suspend your Account (and any related Accounts) and/or your access to the Service or any Products at any time, for any reason, and without advance notice. You may terminate your Account at any time through your Account settings. Please note if you are a Seller (as defined below) that termination of your user Account will also delete your Seller shop. Termination in any case will not affect your obligation to pay any outstanding bills or fees owed by you.
CONTENT ON THE SERVICE & LICENSES
As between you and POPSUGAR, and subject to the license below, you own all right, title and interest in and to all content and materials that you post to the Service, including, but not limited to, Products, Seller shop materials (such as text, audio, photographs, images, or audiovisual materials provided by Seller, and including any incorporated branding and logos), and/or your user comments and communications (“User Content”). POPSUGAR does not acquire ownership of your User Content. You are solely responsible for your User Content, and represent and warrant to POPSUGAR that you have all necessary rights to your User Content, and that your use (and, where applicable, uploading and offering for sale) of any User Content shall not violate or infringe the rights of any third party, including, but not limited to, any copyright, trademark, trade secret, rights of privacy or publicity, or other personal or proprietary right. Your User Content posted by you to the Service (including all Products in your Seller shop) must not be abusive, offensive, threatening, defamatory, misleading, deceptive or fraudulent, and must comply with our Community Guidelines.
By posting User Content on the Service (which includes offering Products for sale as a Seller), you grant to POPSUGAR a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, edit, modify, reproduce, host, display, distribute, publicly perform, and prepare derivative works of such User Content in connection with the Service, including, but not limited to, display of such User Content on the Service, completing transactions on your behalf (as a Buyer or Seller) on the Service, for advertising and promotion of the Service, your User Content and/or POPSUGAR in any format, advertising medium and through any channels, and for POPSUGAR’s internal business purposes (such as to understand our audience and to improve the Service). You agree not to assert any moral rights or rights of publicity against POPSUGAR for using User Content in accordance with this Agreement.
As between you and POPSUGAR, POPSUGAR owns all right, title and interest in and to the Service, including, but not limited to, all features of the Service and all branding incorporated therein, but excluding any User Content. You agree that you will not violate any applicable laws, rules or regulations in connection with your use of the Service, including, but not limited to, in connection with providing any User Content (as defined below). POPSUGAR reserves the right to remove or block any User Content (including Products) at any time for any reason, including User Content that violates the Agreement or any other applicable POPSUGAR policies.
POPSUGAR does not offer or provide medical advice, diagnosis, treatment or care and should not be used to diagnose or treat any illness, disease, disorder, or other medical condition. The Service is for informational and educational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You agree that it is your responsibility to consult with a health professional regarding participation in any of the activities described on or otherwise available through the Service and to verify any information as being appropriate for your use. Use of the Products and information available through the Service is at your sole choice and risk and POPSUGAR is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Service, or for any health issues that may result from any Products, activities, or events or information you learn about through the Service.
ADDITIONAL TERMS FOR SELLERS AND BUYERS
If you use the Service to offer one or more Products for sale, you are considered a “Seller” on the Service, and the policies set forth in the section below entitled Seller Terms and Policies apply to you. If you use the Service to browse, shop or purchase Products, you are considered a “Buyer” on the Service, and the policies set forth in the section below entitled Buyer Terms of Sale apply to you. For purposes of clarity, you may be both a Seller and a Buyer if you offer Products for sale on the Service and also browse or make purchases on the Service.
Sellers may offer digital media content to Buyers to be purchased or licensed through the Service on a stand-alone basis (in a single piece or as a set of content), including content products such as videos and downloadable non-video content such as PDFs (“Content Products”), or subscription products (also referred to on the Service as “Plans”), which consist of content offerings on a subscription basis, which will be offered to Buyers as a monthly, auto-renewing subscription that may be cancelled at any time in accordance with the terms below (“Subscriptions”). Content Products and Subscriptions are referred to herein collectively as “Products.”
For Content Products, after paying the stated fee (set by the Seller), a Buyer may stream the Product (for video) or download the Product (for non-video), an unlimited number of times. For Subscriptions, in exchange for a recurring monthly fee (set by the Seller), the Buyer may stream the Subscription content (for video content) or download the Subscription content (for non-video content) an unlimited number of times during the Subscription period.
Seller Terms and Policies
Becoming a Seller
Once you are approved as a Seller, you may set up your Seller shop and offer, sell and distribute Products through your Seller shop, which POPSUGAR will host. You must provide all Products and any other User Content that will be displayed on your Seller shop page, and are responsible for maintaining your Seller shop. You are fully responsible for the Products that you offer for sale and for creating and managing your own Seller shop, including, but not limited to, your profile page, aesthetic and branding, Product pricing, and information contained in each Product listing.
Withdrawal of Products from Seller Shop
You may withdraw a Product from your Seller shop on the Service (or terminate your Seller Account at any time, which will delete your Seller shop). If you remove Products (or all Products, if the Account is terminated) such Products will no longer be offered to Buyers for purchase on the Service; however, Buyers who purchased a Product prior to its withdrawal or removal may continue to view the purchased Product in accordance with the terms stated at the time of purchase. Notwithstanding the foregoing, in the event that a Product or Account is removed or terminated because of an actual or suspected violation of the Community Guidelines, applicable laws or the rights of third parties (including, but not limited to, copyrights, trademarks, rights of privacy or publicity, or any other personal or proprietary right), POPSUGAR reserves the right to remove affected Products entirely and, in its discretion, may offer a refund to Buyers (but is under no obligation to do so).
Limited License to Seller
Subject to your compliance with this Agreement, POPSUGAR grants you a limited, non-exclusive, non-transferrable and fully revocable license to use the Service (which includes the Service and your custom profile contained therein) for the purposes of operating a Seller shop to offer, sell, stream distribute, and make available your Products to Buyers. You are encouraged to promote the Service and your Seller shop on your websites and social channels. However, any use of POPSUGAR’s intellectual property (including, but not limited, to, the POPSUGAR and/or GLOW logo(s) and other branding) is subject to POPSUGAR’s prior written consent in each instance.
Licenses to POPSUGAR and Buyers
Without limiting any other license granted herein, by uploading or otherwise submitting any Product to the Service, you grant to POPSUGAR all necessary rights to offer, host, stream, and distribute such Products, including but not limited to, a non-exclusive, perpetual, irrevocable right to host, make available, use, modify, publicly perform, and create derivative works of clips or screenshots of your User Content to advertise and promote the Service, your Seller shop on the Service, and/or POPSUGAR.
You further grant each Buyer who makes a purchase of your Products a limited license to stream, cache, and/or download such Products (as applicable), for the Buyer’s personal entertainment, non-commercial use, in accordance with this Agreement.
No Exclusivity; Price Parity
All licenses granted herein are non-exclusive. This means that you may sell or showcase the same Products on the Service and on other services or platforms at the same time; provided, however, that the prices of the Products offered on the Service must be the same as the price at which you offer those same Products on other platforms. This means that Products that you offer for sale on the Service should not be available for free or a discounted price on other platforms or channels (including, but not limited to, on your website or social media accounts).
Seller represents and warrants that:
Service Fees Paid by Seller
By listing your Products on the Service, you agree to pay the Service fees listed in the current Fee Schedule (“Service Fees”) in accordance with any and all payment terms set forth therein, which are hereby incorporated by reference.
POPSUGAR charges two types of Service Fees as follows:
You should check the Fee Schedule regularly. The Fee Schedule is subject to change at any time, in POPSUGAR’s sole discretion. POPSUGAR will provide notice of any changes to the Fee Schedule by posting a new Fee Schedule at https://glow.popsugar.com/why#fees.
Third Party Payment Processor and Seller Payments
POPSUGAR engages one or more third party, online payment processing service providers to facilitate your Products sales transactions on the Service, including credit card processing (“Third Party Payment Processor”). You agree that we may share your personal or transactional information with such payment processing service providers as necessary for you to participate in the Services.
In order to become a Seller and receive your Seller Revenue (as defined below), you must register with a designated Third Party Payment Processor. You are required to (i) provide all tax and identity information required by POPSUGAR or its designated third party payment vendor(s); (ii) create and maintain a valid account with at least one of POPSUGAR’s designated payment vendor(s); and (iii) connect, via your account with POPSUGAR’s designated payment vendor(s), a valid bank account in the U.S.
Sellers are entitled to receive the amounts actually collected by the Third Party Payment Processors from the sale of such Seller’s Products through the Service, less all applicable taxes, POPSUGAR’s Service Fees, Third Party Payment Processor’s fees, and any chargebacks or refunds (such net amount referred to as “Seller Revenue”). All payments will be made to you via the applicable Third Party Payment Processor(s) you selected, in accordance with the terms of your agreement with such Third Party Payment Processor (as described below under Third Party Processing Terms). POPSUGAR is not responsible in the event that a valid payment is not made or received for the purchase of a Product, including, for example, where the Buyer used a stolen or unauthorized credit card or where the Buyer submits a chargeback.
Third Party Payment Processor Terms
Promotional CodesBy listing your Products on the Service, you agree that POPSUGAR may in its sole discretion offer promotional codes for discounts that Buyers may redeem in connection with a purchase at any Seller shop on the Service (“POPSUGAR Promotional Codes”). In addition, you may offer to Buyers promotional codes as generated solely through the Service which may be redeemed solely at your Seller shop (“Seller Promotional Codes” and together with the POPSUGAR Promotional Codes, “Promotional Codes”). POPSUGAR Promotional Codes will reduce the purchase price collected by the Third Party Payment Processor (and not be deducted from the Seller Revenue or Service Fees). Seller Promotional Codes will be deducted from Seller Revenue (and will not be deducted from the Service Fees).
Refunds; Recoupment of Fees
POPSUGAR reserves the right to provide refunds to Buyers in its sole discretion. POPSUGAR may recoup the costs of such refunds from a Seller where (a) POPSUGAR reasonably believes that the Buyer was unable to stream or download a Product from such Seller in a manner consistent with the purchase terms; (b) POPSUGAR suspects that fraud has taken place; (c) Seller’s User Content (including, but not limited to, Products) is subject to a notice of alleged intellectual property infringement or other violation of a third party’s rights; or (d) Seller has breached the terms of this Agreement. Seller acknowledges and agrees that POPSUGAR may obtain reimbursement of any amounts owed by a Seller to POPSUGAR by deducting from future payments earned by the Seller, reversing any credits to the Seller’s payment account balance, charging the Seller’s credit card on file, and/or seeking reimbursement from the Seller by any other lawful means, including, but not limited to, through the use of third party collections services. Seller shall be responsible for and reimburse any reasonable costs incurred by POPSUGAR in its efforts to recoup fees, including without limitation those incurred in engaging a third party collection service.
Seller Referral Program
From time to time, POPSUGAR may offer Sellers on the Service the opportunity to participate in the Seller Referral Program. Through the Seller Referral Program, Sellers will be provided with a unique referral link to share with friends. If the referred friend uses the unique referral link to sign up and becomes a Seller on the Service, the referring Seller will receive a percentage of the Transaction Fees earned by POPSUGAR in connection with the referred friend’s sale of its Products as a Seller through the Service.
By receiving a unique referral link from a referring Seller and becoming a Seller, you acknowledge and agree that the Seller who sent you the referral link will be paid a percentage of the Transaction Fees earned by POPSUGAR in connection with sales of Products in your Seller shop for a certain period of time (“Referral Incentive”). For purposes of clarity, any Referral Incentive will be paid by POPSUGAR to the referring Seller and will not be deducted from your Seller Revenue.
Additional Seller Disclaimers
POPSUGAR makes no representations or warranties concerning any financial outcome resulting from your use of the Service, the efficacy of any digital rights management (DRM) methods we might use, or the accuracy of consumer information made available to you through the Service and/or your ability to use such consumer information.
Seller shall indemnify, defend and hold harmless POPSUGAR and its directors, officers, employees, representatives, consultants, agents, suppliers, partners and Buyers from any liability, claim, demand, damages, losses, or costs (including attorney’s fees and costs) arising from or related to: (a) a breach of any term of this Agreement by Seller; (b) a violation of any applicable law by you; (c) your User Content (including, but not limited to, any Products); or (d) your use of user information obtained in connection with the Service. Seller may not settle any claim that admits fault of an indemnified party or creates an obligation of any indemnified party with the prior written approval of such indemnified party, which shall not be unreasonably withheld. POPSUGAR reserves the right to handle its own legal defense in its sole discretions without limiting Seller’s obligation to indemnify any indemnified party, in which case Seller agrees to cooperate with POPSUGAR in such defense.
Buyer Terms of Sale
Buyer License to Use the Service
Subject to your compliance with this Agreement, you are granted a limited, non-exclusive, non-transferrable and fully revocable license to stream (for videos) and/or download (for non-video) Products that you have purchased on the Service for your personal entertainment, non-commercial use. You may not re-sell or use any Product for any commercial purpose, redistribute or retransmit any Product, publicly perform or display any Product, or make derivative works from any Product. All rights not expressly granted herein are reserved by the Seller. In certain cases, Products on the Service are clearly labeled as being offered by POPSUGAR (and not another Seller) (“POPSUGAR Products”) and POPSUGAR is considered the Seller.
Prices for Products displayed on the Service are quoted in U.S. currency. Sellers may change the prices of its Products at any time in Seller’s discretion subject to the terms of this Agreement. POPSUGAR may collect taxes on any transaction (including Subscription renewal charges) where it reasonably believes tax collection is required. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we may be required to do so, or become required to do so by law in the future.
POPSUGAR or Seller may, from time to time in its sole discretion, offer Promotional Codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, Promotional Codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any Promotional Code may only be used in accordance with the terms provided with that Promotional Code or on the Service. Lost Promotional Codes cannot be replaced. Promotional Codes will not be applied to subsequent automatically renewed transactions. Promotional Codes are void where prohibited. Any promotional program may be terminated or modified by POPSUGAR at any time in its sole discretion.
Auto-Renew Subscriptions and Cancellation
PLEASE NOTE THAT FOR ALL SUBSCRIPTIONS OFFERED ON THE SERVICE (ALSO REFERRED TO AS “PLANS” ON THE SERVICE), YOU ARE PURCHASING AN AUTO-RENEWING SUBSCRIPTION.
All Subscriptions automatically renew every month. Your credit card will be charged at the beginning of your Subscription period (when you place your Subscription order), and thereafter on a monthly basis until you cancel. To cancel your Subscription, go to “Order History,” click on the Subscription you want to cancel, and then click the “Cancel Subscription Plan” button. To see the commencement date for your next renewal period, go to “Order History,” and the renewal data will be shown for each Subscription that you have purchased. When you cancel a Subscription, the Subscription will expire at the end of the current renewal period and you will no longer have access to the Subscription content.
Buyer shall indemnify, defend and hold harmless POPSUGAR and its directors, officers, employees, representatives, consultants, agents, suppliers and partners (including Sellers) from and against any and all liability, claim, demand, damages, losses and costs (including attorney’s fees and costs) arising from or related to: (a) Buyer’s unauthorized use or dissemination of any User Content (including, but not limited to, any Product); (b) Buyer’s breach of this Agreement or violation of any applicable law or third party right; or (c) any User Content that you submit to the Service, to POPSUGAR or to any Seller. Buyer may not settle any claim that admits fault of an indemnified party or creates an obligation of any indemnified party with the prior written approval of such indemnified party, which shall not be unreasonably withheld. POPSUGAR reserves the right to handle its own legal defense in its sole discretions without limiting Seller’s obligation to indemnify any Indemnified Party, in which case Seller agrees to cooperate with POPSUGAR in such defense.
Additional Buyer Disclaimers
By using the Service, you understand that, except where a Product is clearly labeled as being offered by POPSUGAR (and not another Seller) (“POPSUGAR Products”), POPSUGAR does not create or inspect any of the Products sold through the Service, and that all Products are produced, listed, and sold directly by independent Sellers on the Service. For this reason, POPSUGAR does not make any representations, warranties or guarantees: (a) about the quality of the Products, including, but not limited to, their accuracy, usefulness, safety or legality; or (b) that the Seller has obtained all rights necessary to offer for sale the Products available on the Service. POPSUGAR is not responsible for the actions or omissions of any Seller, including with respect to the Seller’s use of your personal information, which you may provide to Seller. Sellers may provide links to Seller’s own websites or third party websites. POPSUGAR is not responsible for the content of any such websites or any interactions or transactions that may take place on or through such sites. Any dispute or legal claim related to a Product (other than a POPSUGAR Product) that you purchase on the Service must be brought directly against the Seller of such Product.
While POPSUGAR makes reasonable efforts to ensure that the information provided to you in connection with POPSUGAR Products offered via the Service is accurate, we make no representations or warranties as to the accuracy, effectiveness, reliability, or correct use of any information provided on the Service (including information provided in connection with POPSUGAR Products and all User Content), or for any health problems that may result from training programs, products, or events that you learn about through the Services. You further understand and acknowledge that you may be exposed to content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person.
POPSUGAR DISCLAIMS ANY RESPONSIBILITY IN CONNECTION WITH YOUR USE OF THE PRODUCTS PROVIDED THROUGH THE SERVICE (INCLUDING THE POPSUGAR PRODUCTS), AND ANY AND ALL SUCH USE SHALL BE AT YOUR OWN RISK. THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF NEW JERSEY OR ANOTHER STATE, WHICH DOES NOT ALLOW SUCH LIMITATIONS.
Final Sale; No Refunds
All purchases, including recurring charges in connection with Subscriptions, are final and non-refundable. We do not allow substitutions for any Product purchased through the Service. In the event that POPSUGAR decides to offer a refund (in its sole discretion), such refund will be issued in the original form of payment for your purchase.
The following General Terms shall apply to all users of the Service, including Sellers and Buyers.
Suggestions and Feedback
Any suggestions, feedback or other materials you submit to POPSUGAR (not including User Content or Products) are considered non-confidential and non-proprietary unless specifically agreed to in writing signed by POPSUGAR. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Disputes Between Users
You agree to resolve any dispute with another user directly what that other user, and shall indemnify and hold POPSUGAR harmless from any liability arising from or related to any such dispute.
YOUR USE OF THE SERVICE AND ANY PRODUCT SOLD ON THE SERVICE IS AT YOUR OWN RISK. POPSUGAR PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SELLERS PROVIDE ALL PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. POPSUGAR AND EACH SELLER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting any other disclaimers set forth in the Agreement, POPSUGAR makes no representations or warranties concerning:
Release of Claims
You hereby release POPSUGAR, its officers, employees, agents and successors, from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (a) your use of the Services; (b) any disputes with any other user or a third party; or (c) the Products sold or listed through the Service, including, but not limited to, claims related to misrepresentations by Sellers or for infringement of third party content.
IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL POPSUGAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF: (A) THE SERVICE FEES PAID BY YOU IN YOUR USE OF THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE TERM, OR (B) $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND POPSUGAR’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, POPSUGAR MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
Limitation Period for Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
U.S. Export Compliance
You may not use the Service if (a) you are personally subject to U.S. government sanctions or (b) you are located in a country that is subject to U.S. Government sanctions such that your use of the Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions.
Waiver and Severability
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. POPSUGAR shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond POPSUGAR’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
Governing Law and Choice of Forum
The Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
You and POPSUGAR agree that the Agreement (including all terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. If there is any conflict between the GLOW Terms and the POPSUGAR Terms, the GLOW Terms will govern. All capitalized terms that are not defined herein have the meaning specified in the POPSUGAR Terms.
Assignment; No Agency
This Agreement is not assignable, transferable or sublicensable by you except with POPSUGAR’s prior written consent. POPSUGAR may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind POPSUGAR in any respect whatsoever.
Survival of Terms
All provisions of the Agreement, which by their nature are intended to survive performance hereof by you or POPSUGAR, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
INTELLECTUAL PROPERTY INFRINGEMENT AND OTHER COMPLAINTS
POPSUGAR respects the rights of its users, including intellectual property rights. If you see content on the Service that you own and has been posted to the Service without your permission or violates our Community Guidelines or any applicable law, you may request removal by flagging the content using the reporting feature on each Product or user comment or by emailing us at firstname.lastname@example.org. We endeavor to respond quickly to such requests, which may include removing or disabling access to the material in question. Please note that we may also provide a copy of your notice to the party who posted such material. In cases of alleged copyright infringement related to User Content on the Service, please provide the information as set forth in our Copyright Dispute Policy, which may be found in the POPSUGAR Terms. It is POPSUGAR’s policy to terminate the Accounts of users that are involved in repeat notices of intellectual property infringement on the Service, which we may do in our discretion.
NEW JERSEY RESIDENTS
If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in the sections of these GLOW Terms listed below do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence:
Subject to the foregoing, POPSUGAR reserves all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial set forth in the section below entitled YOU ARE AGREEING TO BINDING ARBITRATION.
YOU ARE AGREEING TO BINDING ARBITRATION
Certain portions of this Arbitration section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and POPSUGAR agree that we intend for this section to satisfy the “writing” requirement of the Federal Arbitration Act.
You and POPSUGAR agree to arbitrate any and all disputes or claims arising out of, in connection with, or relating to use of the Service or any aspect of the relationship between you and POPSUGAR. This includes agreeing to arbitrate claims that arose before this Agreement came into effect and any claims that may arise after termination of this Agreement. The arbitration shall be conducted in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of the section of this Agreement entitled BINDING ARBITRATION shall be null and void.
Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
CONTACT US WITH QUESTIONS
Should you have any questions regarding these GLOW Terms or the Service, you may contact us at ATTN: GLOW Team, POPSUGAR Inc. 111 Sutter Street, 16th Floor, San Francisco, California, 94104 or by email at email@example.com.