Terms and conditions

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Clubpopping.com, ClubPoppin, LLC

USER TERMS AND CONDITIONS

The term “User” will depict all those who access the website, (Clubpopping.com”) the Clubpoppin’ mobile application, this includes users, subscribers, etc. anyone who is not considered an co-owner, employee or administrator.

Clubpopping.com, ClubPoppin, LLC

USER TERMS AND CONDITIONS

 

The term “User” will depict all those who access the website, (Clubpopping.com”) the Clubpoppin’ mobile application, this includes users, subscribers, etc. anyone who is not considered an owner, employee or administrator.

By accessing, using or being redirected to the Clubpopping.com website,  Clubpoppin, LLC. , AtlantaDreamfactory.com or Atlanta Dream Factory, LLC. and any of its subsidiaries, the Clubpoppin’ mobile app or any applications (including mobile applications) made available by Clubpoppin LLc or Clubpopping.com, atlantadreamfactory, and its current and future subsidiaries. (the “SERVICE”), however accessed, you agree to be bound by these terms of use (the “Terms of Use”). The Service is owned or controlled by Clubpoppin, LLC (“ClubPoppin”, “Clubpopping.com”or the “Atlanta Dream Factory, LLC.”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

At times we may offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In these cases, the terms specific to the special feature will override any conflict with these Terms of Use.

 

The “Clubpopping.com” website and “Clubpoppin, LLC. mobile app.

 

Clubpopping.com and its accompanying mobile entertainment interactive application, Clubpoppin’ was created and developed to provide our users, (defined herein as “User”) and its subscribers ( defined herein as “Subscriber”) with accessibility to the Clubpopping.com website and use of the “Clubpoppin” application, it’s functionality, with the ability to find, upload, and share videos and audio clips with friends, subscribers, and the public as a whole through our offered site. while interacting with other Users by sharing videos from a location, or event that meets the criteria for an acceptable uploaded video that’s meets the standards of Clubpopping.com, Clubpoppin, LLC. and the video service utilize to upload said video content, ex. Youtube, Ustream, Vimeo, Snapchat, Instagram, Facebook, Twitter, as defined by their terms and conditions in addition to our own terms and conditions.

Violence and Explicit nude images and depictions will not be condoned, authorized or knowingly accessible through the Clubpopping.com website or accompanying application, Clubpoppin’.

Users can use our Services to create, post, share videos and promote an venue or event, if approved by the said venue, club, event owners/management to inform other users, (whether with accurate or inaccurate is the opinion of the content provider and not necessarily the views of the Clubpopping.com, its subsidiaries or related entities, online or otherwise), to find, locate and/or attend a promoted event. All video submissions will be reviewed and must be approved before the video is posted for viewing by the public. If a submission of any type does not follow the guidelines of the Terms of Use, Clubpopping.com, Clubpoppin’, LLC. will reject the submission and it will not be posted.

Some of our services and features are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Clubpopping.com, Clubpoppin, LLC. may place such advertising and promotions on the service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notifications to its users and subscribers, or anyone authorized by the user to represent them. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Promotions and events on the website and App that have a third-party sponsor (i.e. title, financial, media, or signature sponsors) may be featured by the Company as a special event (a “Special Event”). In the event that an Event is featured as a Special Event, the Company may, in its sole discretion, accept additional sponsorship for such Event.

Decisions with respect to how certain Events and Special Events are featured (or decisions with respect to sponsorship of such events) are made between the Company and individual creators and/or sponsors of such events, and, accordingly, are subject to additional terms and conditions, as applicable.

 

General Terms of Use

You must be at least eighteen (18) years old to use the Service. If you are not at least 18 years old, you may not use the Services at any time or in any manner or submit any content or information to the Clubpoppin’ mobile application (the “App”), the Clubpopping.com website (the “website”) or any part of the services. The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geo location information.

Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.

Neither the Company, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services. Any of your Information, including phone number , personal address or any personal identification, geographical location data, that you upload, provide, or post on the Site may be accessible to the public, Company and certain other Users, and the Company is not responsible for any consequences to you that result from your posting any of your personal information, location via the Service.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Clubpopping.com, and its subsidiaries, Clubpoppin, LLC.  prohibits the creation of and of the agreement that you are not permitted to  create an account for anyone other than yourself. You also agree that all information you provide or is provided to Clubpopping.com, Clubpoppin’, LLC. upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Clubpopping.com, Clubpoppin, LLC. and its suibsidiaries will not be responsible for any data charges any user may incur by using our services.  You agree that you are responsible for all data charges you incur through the use of our Service.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use. We reserve the right to retain your Content, even after they have expired from view within the App or even after you have deleted them, including, without limitation, in order to comply with certain legal obligations, but it may not be retrievable without a valid court order. Consequently, Clubpopping.com, Clubpoppin, LLC.  encourages you to maintain your own backup of your Content. Ownership of uploaded content, remains the property of copyright owner. Users and subscribers in agreement with these terms and conditions, grant Clubpopping.com, Clubpoppin, LLC. and its subsidiaries non-exclusive, non-paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Company’s Privacy Policy. Clubpopping.com  and its related companies have no obligation to store and maintain content and data provided by its users. “Clubpopping” is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Clubpopping.com, Clubpoppin, LLC. and its subsidiaries  will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. However, you agree that we have no obligation to retain any Content for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of Content.

Clubpopping.com, Clubpoppin, LLC. does not claim ownership of any Content that you post on or through the Service

It is Clubpopping.com, Clubpoppin, LLC. and its subsidiaries to have the Service working properly, online, as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you deactivate your account, your Content will no longer be accessible through your account, but those materials and data may persist and appear elsewhere within the Service (e.g., if your Content has been re-shared by others). Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason.

You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that Clubpopping.com, Clubpoppin, LLC. is not responsible or liable for the conduct of any User. Clubpopping.com reserves the right to monitor but has no obligation to become involved in disputes between users. Exercise common sense and good judgment when interacting with others, including when you submit or post Content or any personal or other information. Be careful, maintain contact communication with friends and families as to your whereabouts, travel with friends. DON’T DRINK, TEXT, OR SELFIE WHEN DRIVING.

USER’S AND SUBSCRIBERS MUST BE 18 YRS OR OLDER TO SIGN UP, REGISTER OR UTILIZE THIS SERVICE. WE ARE NOT RESPONSIBLE FOR TH UNAUTHORIZED USE OF OUR SERVICES.

Violation of these Terms of Use may, in Clubpopping.com, Clubpoppin, LLC. sole discretion, result in the termination of your user and subscriber account. You understand and agree that Clubpopping.com  and its subsidiaries cannot and will not be responsible for the Content posted, accuracy of promotions created, or any events attended on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Clubpopping.com, Clubpoppin, LLC. and its subsidiaries, we have the right to suspend and terminate all accounts.

 

Further Representations as to Content

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

You may not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Content provided by you in connection with the Services is provided on a non-proprietary and non-confidential basis. You hereby grant to Clubpopping.com, Clubpoppin, LLC. and its subsidiaries a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Content submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same (“Submission License”). Without limiting the foregoing, you agree that the Submission License gives Clubpopping.com the right to sublicense Submissions to third parties in connection with the syndication, broadcast, distribution, promotion, or publication of Content in any and all media or distribution methods, now known or later developed. No use of Content in accordance with the Submission License shall entitle you to any compensation from Clubpopping.com, Clubpoppin, LLC., or any third party.

You acknowledge and agree that your relationship with Clubpopping.,com is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Clubpopping.com, Clubpoppin, LLC. or its subsidiaries in a position that makes them legally liable with regard to your Content.

 

No Content you submit will be subject to any obligation of confidence on the part of Clubpopping.com, Clubpoppin, LLC. and atlantadreamfactory.com will not be held liable for the use, no matter how often, or disclosure of any Content you provide.

 

Unauthorized Activities

When using the App, the Site and/or any other part of the Services, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or the use of racial, gender, identification discriminatory practices is explicitly prohibited.
  • Post or comments that exploits or indirectly exploits children and/or minors (including pornography that depicts minors) or that depicts cruelty to animals.
  • Post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive events, photos, videos or other content via the Service, or discuss or incite any illegal activity.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, crawler, scraper or other automated means to access the Services, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Clubpopping.com page is rendered or displayed in a User’s browser or device.
  • Create or submit unwanted email, comments, likes or other forms of commercial or harassing communications, including any suggestion or implication of Events which are fictional, to any other Users.
  • Change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Clubpopping.com, Clubpoppin,LLC..
  • Alter the opinions or comments posted by others on the Services.
  • Post anything contrary to our public image, goodwill or reputation.

 

This list of prohibitions provides examples and is not exhaustive or exclusive. Clubpopping.com, Clubpoppin, LLC. reserves the right to (a) terminate access to your account and your ability to post to the Services (or otherwise use the Services) and/or (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Clubpopping.com, Clubpoppin,LLC. determines is inappropriate or disruptive to the Services or to any other User of the Services.

 

Clubpopping.com may report to law enforcement  any actions that may result in illegal activities, and any reports it receives of such conduct.  When legally required or at “Clubpopping” discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the App, the Site or in use of the Services.

 

 

Third Party Content

 There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Clubpopping.com, Clubpoppin, LLC. and its subsidiaries do not control any of these third-party websites and  services or any of their content. You expressly acknowledge and agree that Clubpopping.com, Clubpoppin, LLC. are in no way responsible or liable for any such third-party services or features.

 

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

 

You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Clubpopping.com, Clubpoppin,LLC. has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Clubpopping.com, Clubpoppin,LLC. Parties (defined below) harmless for activity related to the Application.

 

Copyrighted Content and Intellectual Property

 

 The Clubpopping” website and application contain content owned or licensed by Clubpopping.com, Clubpoppin, LLC.  Content is protected by copyright, trademark, patent, trade secret and other laws, each as applicable, and, as between you and Clubpoppin, LLC., Clubpopping.com owns and retains all rights in the clubpopping.com website and app Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Clubpopping.com and Clubpoppin, LLC. app and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Clubpopping.com content and web design or that of its mobile application.

 The Clubpoppin’ name and logo are trademarks of Clubpopping.com, Clubpoppin, LLC. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Clubpoppin, LLC and its CEO, owners. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Clubpopping.com, Clubpoppin, LLC. and may not be copied, imitated or used, in whole or in part, without prior written permission from Clubpopping.com, Clubpoppin, LLC.

 

 It is Clubpopping.com, Clubpoppin, LLC policy not to accept or consider, format suggestions, information, ideas, revisions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Clubpopping.com, Clubpoppin, LLC does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas if so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Clubpopping.com, Clubpoppin, LLC is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind due to you.

 

Copyright Complaints

The Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please submit the following information:

 

(i)     a description of the copyrighted work that you claim has been infringed, including specific location on the Site where the material you claim is infringed is located. Include enough information to allow the Company to locate the material, and explain why you think an infringement has taken place;

(ii)    a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

(iii)   your address, telephone number, and e-mail address;

(iv)   a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(v)    a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

(vi)   an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

Indemnification

You agree to defend, indemnify and hold Clubpopping.com, Clubpoppin, LLC, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: (i) your Content, your Event or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. Clubpopping.com, Clubpoppin, LLC shall provide notice to you of any such Claim, provided that the failure or delay by Clubpopping.com, Clubpoppin, LLC in providing such notice shall not limit your obligations hereunder. Clubpopping.com, Clubpoppin, LLC reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Clubpopping.com, Clubpoppin, LLC defense of such matter.

 

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLUBPOPPING.COM, CLUBPOPPIN, LLC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CLUBPOPPING.COM, CLUBPOPPIN,LLC. MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. CLUBPOPPING.COM, CLUBPOPPIN,LLC. IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND CLUBPOPPING.COM, CLUBPOPPIN,LLC. WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT CLUBPOPPING.COM, CLUBPOPPIN,LLC. HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SITE OR THROUGH THE APP, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, CLUBPOPPING.COM, CLUBPOPPIN,LLC. IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND CLUBPOPPING.COM, CLUBPOPPIN,LLC. HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

 

Liability of Limitation

UNDER NO CIRCUMSTANCES WILL THE CLUBPOPPING.COM, CLUBPOPPIN, LLC AND ITS AFFILIATES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE CLUBPOPPING.COM, CLUBPOPPIN,LLC. CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CLUBPOPPING.COM, CLUBPOPPIN,LLC. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CLUBPOPPING.COM, CLUBPOPPIN,LLC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE CLUBPOPPING.COM, CLUBPOPPIN,LLC. PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL CLUBPOPPING.COM, CLUBPOPPIN, LLC AND ITS AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CLUBPOPPIN, LLC EVENT, ACT OR OMISSION, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE CLUBPOPPING.COM, CLUBPOPPIN, LLC., AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CLUBPOPPING.COM, CLUBPOPPIN, LLC., AND ITS SUBSIDIARIES.

 

“CLUBPOPPING.COM, CLUBPOPPIN, LLC.” IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

Confidentiality

 You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to the Company’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by the Company for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to the Company with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by the Company or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of the Company; becomes known to you, without restriction, from a source other than the Company without breach of this Agreement by you and otherwise not in violation of the Company’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to the Company to enable the Company to seek a protective order or otherwise prevent or restrict such disclosure.

 

 

No Agency

You and Clubpopping.com, Clubpoppin, LLC. and its affiliates are independent parties, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.

 

Notices

Except as explicitly stated otherwise, any notices to the Clubpopping.com, Clubpoppin, LLC. and its subsidiaries shall be given by certified mail, postage prepaid and return receipt requested to:

 

Clubpoppin, LLC.

Attn: CIO

1032 PO BOX 1032
PINE LAKE, GA
30072

Such notice shall be deemed given five (5) days after the date of mailing.

 

Any notices to you shall be provided to you through our Service or given to you via the email address you provide to the Company during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given five (5) days after the date of mailing.

 

Agreement to Arbitrate All Disputes and Legal Claims

 You and the Company agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the App, the Site and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules as they are then in effect, or as otherwise mutually agreed by you and the Company. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and the Company agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

 

Modification to this Agreement

 We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this Site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing these Terms of Use. Continued use of the App, the Site or the Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the App, the Site or the Services.

 

General

 These Terms of Use shall be governed by the laws of the State of Georgia without regard to choice of law principles. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by the Company, in our sole discretion in accordance with the “Notices” section hereof. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Clubpopping.com and govern your use of the Service, superseding any prior agreements between you and Clubpopping.com, Clubpoppin, LLC. You will not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Clubpopping.com, Clubpoppin, LLC. Any purported assignment or delegation by you without the appropriate prior written consent of Clubpopping.com, will be null and void. Clubpopping.com, Clubpoppin, LLC may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

 

 

 

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