Last Modified on May 27th, 2020
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://www.popset.co website ("Popset", the "Service", “Site”, or “Website”) operated by Best Buds, LLC. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We reserve the right to alter these Terms of Use at any time.
Our stance is easy: you own all of the content, feedback, and personal information you provide to us, but you also grant Popset and our affiliates a non-exclusive license to it.
Popset does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Popset Services. By displaying or publishing ("posting") any Content on or through the Popset Services, you hereby grant to Popset a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Popset Services.
You can end this license for specific content by removing such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Some of the Popset Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Popset may place such advertising and promotions on the Popset Services 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 notice to you.
You represent and warrant that: (i) you own the Content posted by you on or through the Popset Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Popset Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Popset Services.
The Popset Services contain Content of Popset ("Popset Content"). Popset Content is protected by copyright, trademark, patent, trade secret and other laws, and Popset owns and retains all rights in the Popset Content and the Popset Services. Popset hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Popset Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Popset Services.
The Popset Services contain Content of Users and other Popset licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Popset Services.
Popset performs technical functions necessary to offer the Popset Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Popset Services.
Although the Site and other Popset Services are normally available, there will be occasions when the Site or other Popset Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Popset.
Additionally, Popset reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Popset in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Popset encourages you to maintain your own backup of your Content. To put it another way, Popset is not a backup service. Popset will not be liable to you for any modification, suspension, or discontinuation of the Popset Services, or the loss of any Content.
Popset reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Site makes use of trackers (such as cookies, pixels, javascript, device identifiers, etc.) to measure how you interact with our site and other sites. This allows the Site to verify purchases made as a result of creators’ recommendations, enabling commissions for creators.
You can choose whether to accept trackers by editing your browser settings. But, if trackers are disabled, your experience on the Site may be worse, and some features may not work as intended.
When you first visit our site, you may receive a notification that trackers are present. If you click or tap “accept,” you agree to the use of these trackers.
When you click on a product, we may receive compensation from the retailer; compensation that is then passed on to the creator in the form of a commission. If you don’t make a purchase or if you return your item, no commission is earned.
As an Amazon Associate, our creators earn from qualifying purchases.
In no event will we be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, website, products, functionality and materials available from this website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree to indemnify, defend, and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and/or your use of the Website.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Our Service may contain links to third-party websites or services that are not owned or controlled by Popset.
Popset has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Popset shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
The Site and Logo is our property. The Site may include content owned by others that is licensed to us. ALL RIGHTS RESERVED.
If you have any questions about these Terms, or complaints regarding our content, please contact us at popset.co@gmail.com or write to us at:
Best Buds, LLC.
P.O. Box 27752
Los Angeles, CA 90027
United States
Attn.: Terms Counsel