TERMS OF SERVICE

Effective May 19, 2016

POPSUGAR Inc. (“POPSUGAR,” “we,” “us,” “our”) owns and operates the POPSUGAR mobile application(s), and any other linked and related pages, websites, content, features, products, software, video player and tools offered by POPSUGAR (the “Services”).

YOUR ACCEPTANCE OF TERMS

By accessing or using any of our Services, you agree to be bound by these terms and conditions (the "Terms"), and POPSUGAR’s privacy policy located at https://popsugar.com/privacy (“Privacy Policy”), which is incorporated herein by reference (together, the “Agreement”). Your use of the Services is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services.

OUR RIGHT TO MODIFY TERMS

We reserve the right, in our sole discretion, to modify the Terms at any time by revising the date at the top of these Terms and posting on our website or application. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms as modified.

ELIGIBILITY TO USE SERVICES

You must be 13 years or older to use our Services. If you believe that a child under 13 has used our Services and provided us any information, please contact us at privacy@popsugar.com. If you are between the ages of 13 and 17 years old, your legal guardian is required to review and accept these Terms on your behalf. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.

By accessing the Services, you represent and warrant to POPSUGAR that: (i) you are an individual (i.e., not a corporation) at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (iii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access and use of the Services.

ACCOUNT REGISTRATION

You will be required to establish an account (“Account”) and to register and select a password and username (“User ID”) to use certain Services. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide us with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password and agree that you will not share it with anybody. 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 ID or Account in its discretion.

If you are accessing the Services through a third party site or service (such as “Facebook Connect”), POPSUGAR may require that your POPSUGAR User ID be the same as your user name for such third party site or service. By providing your third party account credentials to POPSUGAR, you are consenting to have the information in those accounts transmitted into your POPSUGAR account. You shall only use third party accounts owned by you and not by any other person or entity.

You are responsible for all actions taken under your Account and agree to deny access to your Account to children under 13 years old. You agree to only create one account for yourself and not to create another account if we have disabled yours.

YOUR CONTENT

In the course of using the Services, you and other users may create, upload or post, send or receive information, images, video, blogs, or other content to or through the Services (collectively, “Your Content”). When you do that, you grant POPSUGAR a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right, in all media formats and channels, known and unknown, to fully exploit Your Content (including the ability to modify, edit, or make derivative works of Your Content) for the purpose of operating, developing, providing, promoting, and improving the Services, and to allow others to do so as permitted by the Services.

In addition, you grant to POPSUGAR the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in Your Content, without notice, obligation or payment to you. Except as required by law, you waive any rights of attribution or moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any way.

The foregoing license grant to POPSUGAR does not affect your ownership of Your Content or your right to grant additional non-exclusive licenses to Your Content. You, not POPSUGAR, remain solely responsible for Your Content that you upload, post, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to POPSUGAR and to grant POPSUGAR the rights to use such information in connection with the Services and as otherwise provided herein.

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that POPSUGAR will not be liable for any errors or omissions in any such content. You understand that POPSUGAR cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, POPSUGAR cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all content, including but not limited to text, graphics, photographs, images, illustrations, video, and creations (including Your Content and third party content) (“Content”) displayed or performed on the Services or accessed by you during your use of the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

CONTENT

• Copyrights. All Content is protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

• Personal, Non-Commercial Use. The Services (and their Content) are intended solely for your personal, non-commercial use and may only be used in accordance with the terms of this Agreement. You must not download, copy or store any other user’s Content without the prior written permission from the copyright holder of such Content (as identified in such Content’s copyright notice, or otherwise). You shall not store any significant portion of any Content in any form.

• Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing Your Content and other Content on or through the Services: Any comment made under your Account or using your User ID will be deemed to have been made by you; You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material; You shall not make false or misleading statements. You shall not offer to sell or buy any product or service, or post links to third party websites; You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party; You shall not post information that is confidential or sensitive; and You shall not post any content that objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind. You are solely responsible for Your Content that you post on or through the Services, and for any interactions with other users.

• Objectionable or Illegal Content Prohibited. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability, cause or result in harm to any person or animal, or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

• Links. If you link to the Services, POPSUGAR may revoke your right to so link at any time, at POPSUGAR’s sole discretion. POPSUGAR reserves the right to require prior written consent before linking to the Services.

• Company’s Right to Monitor. POPSUGAR has no obligation and assumes no responsibility for monitoring the Services or the Content. However, POPSUGAR reserves the right to monitor, block or remove Content (including disabling access to Content) for any or no reason without notice to you. If POPSUGAR chooses, in its sole discretion, to monitor the Services, POPSUGAR assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.

• Our Right to Remove Content. POPSUGAR reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion with or without prior notice to you.

• Third Party Clearances. If Your Content includes references to, or images of, third parties (i.e., someone other than you) or other performances or content provided by third parties, including copyrights (including without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity, you agree that you have all necessary permissions from these third parties to permit POPSUGAR to use and display such content in accordance with these Terms. Permissions may require, in some instances, releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph.

FEEDBACK

“Feedback” means any comments, suggestions, or other feedback that you volunteer to us. You agree that by providing any Feedback, we may use such Feedback freely, and without further notification or compensation to you.

POPSUGAR’S INTELLECTUAL PROPERTY AND LIMITED LICENSES

The technology and the software underlying our Services is the exclusive property of POPSUGAR. Subject to your compliance with this Agreement, POPSUGAR grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by POPSUGAR in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of POPSUGAR, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to POPSUGAR or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of POPSUGAR, its affiliates, or any third party.

DISPUTES WITH OTHER USERS

You are solely responsible for your interaction with other users of the Services. POPSUGAR reserves the right, but has no obligation to, monitor and manage disputes between you and other users of the Services. You will fully cooperate with POPSUGAR to investigate any suspected unlawful, fraudulent, or improper activity, including without limitation, granting POPSUGAR access to your Account. POPSUGAR hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Services.

YOUR REPRESENTATIONS AND WARRANTIES

You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without POPSUGAR’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of POPSUGAR. You also warrant, represent and agree that Your Content complies with (i) – (viii) above.

RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES

You shall not (i) conduct any fraudulent, abusive, or otherwise illegal activity; (ii) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Services; (iii) use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; (iv) engage in any kind of illegal activity; (v) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure; (vi) use the manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services; (vii) decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; (viii) remove, obscure, or alter any notices or links (e.g., links to POPSUGAR’s Privacy Policy and Terms) on the Services or any of the features or tools or other Services; (ix) access, display, distribute or otherwise exploit any Content through any technology or means other than as permitted through the Services, as provided to you by POPSUGAR, (x) develop or use any third-party applications that interact with the Services or the Content without our written consent, (xi) not post content that contains nudity, pornography, graphic violence, threats, hate speech or incitements to violence, (xii) attempt to circumvent any content-filtering techniques we employ, or attempt to access areas of the Services you are not authorized to access, or (xiii) encourage any person or user to violate these Terms.

Any violation of the above may be grounds for termination of your right to access or use the Services. POPSUGAR reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that POPSUGAR deems in its sole discretion to be an illegal or unauthorized use of the Services. POPSUGAR will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.

YOUR OTHER OBLIGATIONS

You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.

INTERNATIONAL USE; EXPORT CONTROLS

The Services are offered by POPSUGAR from its facilities in the United States of America. POPSUGAR makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export control laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of the export control laws of the United States.

DISCLAIMER OF WARRANTIES

THE SERVICES AND CONTENT AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. POPSUGAR makes no representations concerning any Content contained in or accessed through the Services, and POPSUGAR will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will POPSUGAR be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.

POPSUGAR has no special relationship with or fiduciary duty to you. You acknowledge that POPSUGAR has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

PRIVACY

For information regarding POPSUGAR’s treatment of personal information, please review our current Privacy Policy at https://popsugar.com/privacy which is hereby incorporated into this Agreement by reference; any use of our Services constitutes your acceptance and agreement to be bound by our Privacy Policy.

DATA CHARGES AND MOBILE PHONES

You are responsible for any mobile charges you incur while using the Services, including text messaging and data charges. If you change or deactivate the mobile phone number for your Account, you must update your account information to prevent POPSUGAR or users of the Services from sending someone else messages intended for you.

ELECTRONIC COMMUNICATIONS

When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, "push" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

INDEMNITY

You agree to indemnify and hold POPSUGAR, its parents, subsidiaries, affiliates, and each of their respective officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL POPSUGAR OR ITS AFFILIATED ENTITIES, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR 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 THE FEES PAID BY YOU THEREFOR OR $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. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

RELEASE OF CLAIMS

You hereby release POPSUGAR, its affiliates, and its and their officers, employees, agents and successors in rights 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 (i) having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party and our Services. 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 WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

MODIFICATION AND TERMINATION

POPSUGAR reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. POPSUGAR may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.

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 that this section satisfies 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 or purchase of the Services 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 Agreement titled “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.

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 this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

GOVERNING LAW AND CHOICE OF FORUM

This 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.

ENTIRE AGREEMENT

You and POPSUGAR agree that this Agreement (including any 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.

NO AGENCY; NO ASSIGNMENT

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. 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. 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

All provisions of this Agreement that by their nature are intended to survive performance hereof by you or POPSUGAR, including, without limitation, “POPSUGAR’s Intellectual Property and Limited Licenses,” “Disclaimer of Warranties,” “Privacy,” “Electronic Communications,” “Indemnity,” “Limitation of Liability,” “Release of Claims,” “Binding Arbitration,” “Governing Law and Choice of Forum,” and “Survival,” shall survive the completion of the performance, cancellation or termination of this Agreement.

COPYRIGHT DISPUTE POLICY

• General Policy: POPSUGAR has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of POPSUGAR’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is POPSUGAR’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; (2) notify the content provider, member or user that it has removed or disabled access to the material; and (3) remove and discontinue access by and service to repeat offenders.

• Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (2) Identification of works or materials being infringed; (3) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that POPSUGAR is capable of finding and verifying its existence; (4)Contact information about the notifier including address, telephone number and, if available, email address; (5) A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and (6) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

• Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: (a) A physical or electronic signature of the content provider, member or user; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (b) A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and (c) Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which POPSUGAR is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. (d) If a counter-notice is received by the Designated Agent, POPSUGAR may send a copy of the counter-notice to the original complaining party informing that person that POPSUGAR may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at POPSUGAR’s discretion.

• Designated Agent to Receive Notification of Claimed Infringement:

Please contact POPSUGAR’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Sean Macnew POPSUGAR Inc. 111 Sutter Street, 16th Floor San Francisco, CA 94104 Phone: (415) 391-7576 Fax: (415) 391-7584 legal@popsugar.com

APPLE DEVICE AND APPLICATION TERMS

In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or the POPSUGAR application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply.

  1. Both you and POPSUGAR acknowledge that this Agreement is concluded between you and POPSUGAR only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that POPSUGAR, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, POPSUGAR, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and POPSUGAR acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  10. Both you and POPSUGAR acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

QUESTIONS

If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to community@popsugar.com, or by mail to POPSUGAR Inc., 111 Sutter Street, 16th Floor, San Francisco, CA 94104.