POP CULTURE LIVE Terms of Service
1. Waiver of Certain Judicial Rights
BY USING THE APP, YOU AGREE THAT ANY DISPUTES BETWEEN YOURSELF AND TREEHOUSE INTERACTIVE, OR ANY DISPUTES BETWEEN YOURSELF –OR ANY AGENT, ASSIGNEE, HEIR, OR OTHER PERSON CLAIMING BY OR THROUGH YOU –AND TREEHOUSE INTERACTIVE –OR ANY AGENT, SUBSIDIARY, PARENT, EMPLOYEE, DIRECTOR, OFFICER, OR PERSON IMPLICATED BY REASON OF THEIR RELATION TO TREEHOUSE INTERACTIVE –WILL BE SUBJECT TO THE CHOICE OF LAWS AND FORUM SELECTION CLAUSE INCLUDED BELOW, AND THAT NO CLAIM MAY BE BROUGHT AS A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION, OR OTHER CLASS ACTION –OR COLLECTIVE –PROCEEDING. YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY. THESE ARE IMPORTANT RIGHTS THAT YOU ARE RELINQUISHING, AND YOU SHOULD CONSIDER THEM CAREFULLY BEFORE PROCEEDING.
2. Restrictions on Use
By using the App, you represent, warrant, covenant, and agree that:
a. You are at least thirteen(13) years of age;
b. Use of the App is not prohibited by any federal, state, municipal, local, or other laws, ordinances, statutes, regulations, treaties, or other binding legal enactments in the location in which you are located, and that you will immediately cease and desist your use of the App should you discover such use to be prohibited by one or more controlling laws;
c. You are physically situated within the United States of America or Canada, inclusive of its various states, territories, and federal enclaves, and not physically situated in any other country, principality, republic, territory, state, district or enclave;
d. You are using the App for yourself, and not on behalf of, for the benefit of, in cahoots with, at the direction of, or in connection with any other person or entity; and
e. You have read these Terms, together with the Rules, considered the Terms and Rules, and are electing to proceed bound by the Terms and Rules by virtue of your own free will and not due to any coercion or the coercive efforts of Treehouse Interactive or any third party.
3. Service Use Verification
To use the App’s features (collectively, the “Services,” with each such feature being a “Service”), you may be required to provide certain information concerning yourself, your various social media accounts, and/or your status with other third party persons or entities who we –in our sole and absolute discretion –deem appropriate identity verification parties. In providing information to Treehouse Interactive, you agree to be truthful, to not materially omit relevant information, and to
promptly notify us –at the address below –of any errors or omissions. For purposes of these Terms, if we ask you to provide us with your status with one or more other third party persons or entities, whether for identity verification purposes or otherwise, and you furnish such information (whether by the process colloquially known as “linking” accounts, or otherwise), you are further agreeing that all information you have furnished, or will furnish, to such third party is alsotruthful, and that you have not materially omitted any relevant information in your dealings and interactions with such third party(ies).
4. User Content
All content created, developed, uploaded, shared, posted, imaged, or otherwise brought about by you, during your use of the App, shall be known herein as “User Content.” By making any User Content available through the App, you grant to Treehouse Interactive a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works and to publicly display, publicly perform, and distribute your User Content in connection with operating and providing the App to yourself and others. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the App, nor any use of your User Content by Treehouse Interactive on or through the App (or otherwise)will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5. Limitations on User Content
You shall not upload, develop, create, share, post, image or otherwise introduce any User Content which is defamatory, tortious, obscene, libelous, slanderous or otherwise actionable in nature, nor may you –through your User Content –assault, threaten, harass, intimidate, bully, or engagein actionable conduct toward any third party. You agree to not utilize User Content to advertise any third party individual or entity, nor to advertise the services of any third party or entity. You further agree to refrain from introducing any viruses into the App. Additionally, you will not create or introduce any User Content which is fraudulent –expressly or by omission –in nature.
You are solely responsible for all User Content that you post. Treehouse Interactive is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TREEHOUSE INTERACTIVE OR ANY OFITS AGENTS,SUBSIDIARIES,PARENTS,MEMBERS,EMPLOYEES,DIRECTORS,OFFICERS,OR OTHER PERSON(S)IMPLICATED BY REASON OF THEIR RELATION TO TREEHOUSE INTERACTIVE,WHETHER IN LAW OR EQUITY,DUE TO OR IN CONNECTION WITH ANY OF YOUR USER CONTENT,THAT TO THE FULLEST EXTENT PERMITTED BY CONTROLLING LAW YOU WILL INDEMNIFY AND HOLD SUCH CLAIM RESPONDENT HARMLESS FROM AND AGAINST ALL DAMAGES,LOSSES,AND EXPENSES OF ANY KIND WHATSOEVER (INCLUDING REASONABLE AND NECESSARY ATTORNEYS’FEES AND SUIT COSTS)IN CONNECTION WITH SUCH CLAIM.
7. Our Content
All content provided by Treehouse Interactive on, in, in connection with, through, or otherwise in relation to the App shall be known herein as “Content.” Such Content specifically includes, without limitation, all computer coding, graphics, text, information, images, multimedia components, comments, features, promotions, and attributes that comprise the App. Some or all of this Content may be protected by one or more trademarks, copyrights, service marks, patents, or other types of intellectual property rights or other laws governing the creation, dissemination, protection, and utilization of intellectual and proprietary property. You shall abide by all such laws, honor all rights associated with the Content, hereby agree not to violate any of same, and adhere to all restrictions imposed through the App or by operation of law, in connection with the Content and its use and dissemination.
8. Limited License
Subject to these Terms, we grant each user of the App a limited, non-exclusive, non-sublicensable and non-transferable, revocable license to use the Content solely for purposes of using the App. For avoidance of doubt, use, reproduction, modification, distribution or storage of any Content in connection with any activity or for any purpose other than the intended use of the App is expressly prohibited. You shall not sell, license, rent, or otherwise use or exploit any Content outside of use of the App including, using Content for commercial use or in any way that violates Treehouse Interactive, Inc.’s or any third-party’s rights.
9. Mobile Network
When you access the App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply, and you shall be solely liable for the payment of such fees.Downloading, installing or using certain aspects of the App may be prohibited or restricted by your network provider and not all parts of the App may work with your network provider or device.
10. Your Account Information
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the App. The security, integrity and confidentiality of your information are extremely important to us.
11. Limitation of Liability
TREEHOUSE INTERACTIVE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) IN THE LAWFUL CURRENCY OF THE UNITED STATES. THESE LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF ABODE.
12. Governing Law
These Terms shall be governed by the laws of the State of Maryland, without regard to its conflict of lawsprinciples.
13. Forum Selection
Any dispute concerning these Terms, the App, or any matter related to these Terms or the App, shall be subject to the exclusive jurisdiction of the District Court of Maryland sitting in Montgomery County or, should such court lack subject matter jurisdiction, the Circuit Court for Montgomery County, Maryland or, should such court lack subject matter jurisdiction, the United States District Court for the District of Maryland. You irrevocably consent to the personal jurisdiction of each of these courts. For the avoidance of doubt, this forum selection clause is not conjunctive in nature; the only forum in which a dispute may be brought is the District Court of Maryland sitting in Montgomery County, unless that court specifically lacks subject matter jurisdiction; if –and only if – that court lacks subject matter jurisdiction over the specific dispute, may the dispute be brought in the Circuit Court for Montgomery County, Maryland; and if – and only if – that court lacks subject matter jurisdiction over the specific dispute, may the dispute be brought in the United States District Court for the District of Maryland.
14. Digital Millennium Copyright Act
We take the intellectual property rights of others seriously and require that all users of the App do so,as well. The Digital Millennium Copyright Act established a process for addressing claims of copyright infringement that we have implemented. If you own a copyright, or have authority to act on behalf of a copyright owner, and want to report a claim that a third party is infringing that material on or through the App, pursuant to 17 U.S.C. § 512 please send a notice to our designated copyright agent that includes all of the items below, and we will expeditiously take appropriate action:
a. A description of the copyrighted work that you claim is being infringed;
b. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location (with sufficient detail) of that material;
c. Your name, address, telephone number, and email address;
d. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
e. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
f. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Our designated copyright agent to receive such claims can be reached as follows:
By mail: Maurice B. VerStandig, Esq.
The VerStandig Law Firm, LLC
9812 Falls Road, #114-160
Potomac, Maryland 20854
By phone: 301-444-4600
By facsimile: 301-576-6885
By electronic mail: firstname.lastname@example.org
We may forward the take-down notification to the accused infringer. We may, at our discretion, disable or terminate the accounts of users who may be repeat infringers.This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
You acknowledge that the views and opinions expressed by persons on or through the App –including our employees, our agents, our users, third parties, yourself, and
others –are solely those of the person(s) expressing such views, and do not necessarily represent the views or opinions of Treehouse Interactive.
16. No Warranty
THE APP IS PROVIDED “AS IS”AND “AS AVAILABLE.”WE DISCLAIM ALL CONDITIONS,REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.YOU EXPRESSLY ACKNOWLEDGE THAT TECHNOLOGICAL FAULTS OF YOURS OR OURS MAY HAVE AN ADVERSE IMPACT ON YOUR USE OF THE APP,MAY INTERFERE WITH YOUR USE OF THE APP,AND MAY PREVENT YOU FROM BEING SUCCESSFUL IN ONE OR MORE CONTESTS HOSTED ON THE APP –TO YOUR POTENTIAL MONETARY DETRIMENT.YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY SUCH TECHNOLOGICAL FAULTS,AND THAT YOU FULLY ASSUME THERISK OF SUCH FAULTS WHEN UTILIZING THE APP.
We may suspend or terminate your use of the App at any time, for any reason or no reason at all, with or without prior notice to you. If your use of the App is suspended terminated, you agree to not endeavor to use the App utilizing the identity of any third party or through the use of any alias.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival.The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We may, in our sole and absolute discretion, amend these Terms from time to time, with or without notice to you. Your use of the App will always be bound and governed by the Terms in effect at the time of such use. You may read these Terms at any time in the App and see, at the bottom of these Terms, the last date on which they were amended (if ever).
The Rules are hereby incorporated, by reference, into these Terms, and made fully a part hereof. Any violation of the Rules shall, accordingly, be a violation of these Terms. The Rules shall be construed as though fully set forth herein. By of anecdote only, the Rules shall be subject to the choice of laws clause herein, shall be governed by the savings clause herein, and so on and so forth. The Rules are available in the App and you may request a separate copy of the, at any time, by contacting Treehouse Interactive in the manner set forth below. You should not accept these Terms until you have reviewed the Rules, in full, as the Rules form an integral part hereof.
You may contact us through the following means:
By mail: Treehouse Interactive, LLC
55 Washington St, #305
Brooklyn, NY 11201
By phone: (929) 242-2710
By facsimile: (646) 905-0286
By electronic mail: email@example.com
These Terms were last updated on April 28, 2018, and this is version 1.0 of the Terms. If you wish to view any previous version(s) of the Terms, you may request them via electronic mail from firstname.lastname@example.org.