Terms of Use, Version 1

Last Updated Date: March 10th, 2013

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF POP-AUT, INC., ITS AFFILIATES OR AGENTS (“POP-AUT” OR “WE”) WITH LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY POP-AUT OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH POP-AUT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES

THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

POP-AUT knows that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Website is invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information.

PLEASE NOTE THAT The Terms are subject to change by POP-AUT in its sole discretion at any time.  When changes are made, we will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website.  We will also update the “Last Updated” date at the top of the Terms of Use.  If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.  Any changes to the Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have a registered account on the Website upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 below).  POP-AUT may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services.  Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s)  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. 

  1. Use of the Services and POP-AUT Properties.  The Website, the Services, and the information and content available on the Website and in the Services (as these terms are defined below), including POP-AUT’s YouTube channel (collectively, the “POP-AUT Properties”) are protected by copyright laws throughout the world.  Subject to the Terms, POP-AUT grants you a limited license to reproduce portions of the POP-AUT Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by POP-AUT in a separate license, your right to use any POP-AUT Properties is subject to the Terms. 
    1. Updates.  You understand that the POP-AUT Properties are evolving.  As a result, POP-AUT may require you to accept updates to the POP-AUT Properties that you have installed on your computer or mobile device.  You acknowledge and agree that POP-AUT may update the POP-AUT Properties with or without notifying you.  You may need to update third-party software from time to time in order to use the POP-AUT Properties.
    2. Certain Restrictions.  The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the POP-AUT Properties or any portion of the POP-AUT Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other POP-AUT Properties (including images, text, page layout or form) of POP-AUT; (c) you shall not use any metatags or other “hidden text” using POP-AUT’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the POP-AUT Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the POP-AUT Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the POP-AUT Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the POP-AUT Properties. Any future release, update or other addition to the POP-AUT Properties shall be subject to the Terms.  POP-AUT, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of the POP-AUT Properties terminates the licenses granted by POP-AUT pursuant to the Terms.
    3. Third-Party Materials.  As a part of the POP-AUT Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for POP-AUT to monitor such materials and that you access these materials at your own risk. 
  2. Registration.
    1. Registering Your Account.  In order to access certain features of the POP-AUT Properties you may be required to become a Registered User.  For purposes of the Terms, a “Registered User” is a User who has a valid account on YouTube through which the User has connected to the Services.
    2. Access Through a SNS.  You must link your Account with your YouTube account(s) through OpenID by allowing POP-AUT to access your YouTube account, as is permitted under the applicable terms and conditions that govern your YouTube account.  You represent that you are entitled to grant POP-AUT access to your YouTube account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the YouTube account and without obligating POP-AUT to pay any fees or making POP-AUT subject to any usage limitations imposed by YouTube.  By granting POP-AUT access to your YouTube accounts, you understand that POP-AUT may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the POP-AUT Properties (“Content”) that you have provided to and stored in YouTube (“YouTube Content”) so that it is available on and through the POP-AUT Properties via your Account.  Unless otherwise specified in the Terms, all YouTube Content shall be considered to be Your Content (as defined in Section 3.1) for all purposes of the Terms.  Subject to the privacy settings that you have set in such YouTube accounts, personally identifiable information that you post to your YouTube account may be available on and through your Account on the POP-AUT Properties. Please note that if a YouTube account becomes unavailable or POP-AUT’s access to YouTube  is terminated by YouTube, then YouTube Content will no longer be available on and through the POP-AUT Properties. You have the ability to disable the connection between your Account and YouTube at any time by accessing the “Settings” section of the Website.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH YOUTUBE IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH YOUTUBE, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY YOUTUBE IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  POP-AUT makes no effort to review any YouTube Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and POP-AUT is not responsible for any YouTube Content.
    3. Registration Data.  In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the POP-AUT Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the POP-AUT Properties by minors.   You may not share your Account or password with anyone, and you agree to (1) notify POP-AUT immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or POP-AUT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, POP-AUT has the right to suspend or terminate your Account and refuse any and all current or future use of the POP-AUT Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. POP-AUT reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the POP-AUT Properties if you have been previously removed by POP-AUT, or if you have been previously banned from any of the POP-AUT Properties.
    4. Registration Data.  In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the POP-AUT Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the POP-AUT Properties by minors.   You may not share your Account or password with anyone, and you agree to (1) notify POP-AUT immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or POP-AUT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, POP-AUT has the right to suspend or terminate your Account and refuse any and all current or future use of the POP-AUT Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. POP-AUT reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the POP-AUT Properties if you have been previously removed by POP-AUT, or if you have been previously banned from any of the POP-AUT Properties.
    5. Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to the POP-AUT Properties, including but not limited to, a mobile device that is suitable to connect with and use the POP-AUT Properties, in cases where the Services offer a mobile component.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the POP-AUT Properties.
  3. Responsibility for Content.
    1. Types of Content.  You acknowledge that all Content, including the POP-AUT Properties, is the sole responsibility of the party from whom such Content originated.  This means that you, and not POP-AUT, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the POP-AUT Properties (“Your Content”), and other Users of the POP-AUT Properties, and not POP-AUT, are similarly responsible for all Content they Make Available through the POP-AUT Properties (“User Content”).
    2. No Obligation to Pre-Screen Content You acknowledge that POP-AUT has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although POP-AUT reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that POP-AUT pre-screens, refuses or removes any Content, you acknowledge that POP-AUT will do so for POP-AUT’s benefit, not yours.  Without limiting the foregoing, POP-AUT shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
    3. Storage Unless expressly agreed to by POP-AUT in writing elsewhere, POP-AUT has no obligation to store any of Your Content that you Make Available on the POP-AUT Properties.  POP-AUT has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the POP-AUT Properties.  Certain Services may enable you to specify the level at which such Services restrict access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose, the system may default to its most permissive setting.  You agree that POP-AUT retains the right to create reasonable limits on POP-AUT’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by POP-AUT in its sole discretion. 
  4. Ownership.
    1. POP-AUT Properties.  Except with respect to Your Content and User Content, you agree that POP-AUT and its suppliers own all rights, title and interest in the POP-AUT Properties.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the POP-AUT Properties.
    2. Trademarks. POP-AUT’s stylize name and other related graphics, logos, service marks and trade names used on or in connection with the POP-AUT Properties or in connection with the Services are the trademarks of POP-AUT and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in the POP-AUT Properties are the property of their respective owners.
    3. Other Content.  Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the POP-AUT Properties.
    4. Your Content.  POP-AUT does not claim ownership of Your Content.  However, when you as a User post or publish Your Content on or in the POP-AUT Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.  
    5. License to Your Content.  Subject to any applicable account settings that you select, you grant POP-AUT a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license,  distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content.  Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the POP-AUT Properties.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated aboveYou agree that you, not POP-AUT, are responsible for all of Your Content that you Make Available on or in the POP-AUT Properties.
    6. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the POP-AUT Properties, you hereby expressly permit POP-AUT to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
    7. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of POP-AUT.  
    8. Your Profile Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter.  You may not post or submit for print services a photograph of another person without that person’s permission.
    9. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to POP-AUT through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that POP-AUT has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to POP-AUT a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the POP-AUT Properties.
  5. User Conduct.
    1. Commercial Activities.  You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms):
      1. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the POP-AUT Properties (including your Account), or access to or use of the POP-AUT Properties;
      2. Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      3. Use the POP-AUT Properties or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation; 
      4. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
      5. Market any goods or services for any business purposes.
    2. Unauthorized Use or Access. You agree that you will not, under any circumstances:
      1. Interfere or attempt to interfere with the proper functioning of the POP-AUT Properties or connect to or use the POP-AUT Properties in any way not expressly permitted by the Terms;
      2. Systematically retrieve data or other content from our POP-AUT Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
      3. Use, display, mirror or frame the POP-AUT Properties, or any individual element within the POP-AUT Properties, POP-AUT’s name, any POP-AUT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without POP-AUT’s express written consent;
      4. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the POP-AUT Properties or that is in transit from or to the POP-AUT Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the POP-AUT Properties;
      5. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the POP-AUT Properties, whether through the use of a network analyzer, packet sniffer or other device;
      6. Make any automated use of the POP-AUT Properties, or take any action that imposes or may impose (in POP-AUT’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the POP-AUT Properties;
      7. Bypass any robot exclusion headers or other measures POP-AUT takes to restrict access to the POP-AUT Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl the POP-AUT Properties, or harvest or manipulate data;
      8. Use, facilitate, create, or maintain any unauthorized connection to the POP-AUT Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the POP-AUT Properties; or (ii) any connection using programs, tools or software not expressly approved by POP-AUT;
      9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the POP-AUT Properties, or to obtain any information from the POP-AUT Properties;
      10. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the POP-AUT Properties;
      11. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      12. Solicit or attempt to solicit personal information from other Users of the POP-AUT Properties;
      13. Use the POP-AUT Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; 
      14. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the POP-AUT Properties to send altered, deceptive or false source-identifying information; or
      15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
    3. General.  In connection with your use of the POP-AUT Properties, you shall not:
      1. Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities; 
      2. Harm minors in any way;
      3. Impersonate any person or entity, including, but not limited to, POP-AUT personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
      5. Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
      6. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
      7. Register for more than one Account or register for an Account on behalf of an individual other than yourself; 
      8. Stalk or otherwise harass any other User of our POP-AUT Properties; or
      9. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
  6. Investigations.  POP-AUT may, but is not obligated to, monitor or review the POP-AUT Properties and Content at any time.  Without limiting the foregoing, POP-AUT shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law.  Although POP-AUT does not generally monitor user activity occurring in connection with the POP-AUT Properties or Content, if POP-AUT becomes aware of any possible violations by you of any provision of the Terms, POP-AUT reserves the right to investigate such violations, and POP-AUT may, at its sole discretion, immediately terminate your license to use the POP-AUT Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  7. Interactions with Other Users.
    1. User ResponsibilityYou are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that POP-AUT reserves the right, but has no obligation, to intercede in such disputes.  You agree that POP-AUT will not be responsible for any liability incurred as the result of such interactions.
    2. Content Provided by Other Users.  The POP-AUT Properties may contain User Content provided by other Users.  POP-AUT is not responsible for and does not control User Content.  POP-AUT has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content.  You use all User Content and interact with other Users at your own risk.
    3. Third-Party Websites & Ads.  The POP-AUT Properties may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”).  When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the POP-AUT Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites are not under the control of POP-AUT.  POP-AUT is not responsible for any Third-Party Websites & Ads.  POP-AUT provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services.  You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 
  8. Fees. We do not currently charge fees for the use of our Website or Services or any features thereof, but we reserve the right to do so in the future.
  9. Indemnification.  You agree to indemnify and hold POP-AUT, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “POP-AUT Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the POP-AUT Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations.  POP-AUT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with POP-AUT in asserting any available defenses.  You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the POP-AUT Properties.
  10. Disclaimer of Warranties.
    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE POP-AUT PROPERTIES IS AT YOUR SOLE RISK, AND THE POP-AUT PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  POP-AUT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
      1. POP-AUT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE POP-AUT PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE POP-AUT PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE POP-AUT PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE POP-AUT PROPERTIES WILL BE CORRECTED.
      2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE POP-AUT PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE POP-AUT PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
      3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  POP-AUT MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POP-AUT OR THROUGH THE POP-AUT PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      5. From time to time, POP-AUT may offer new “beta” features or tools with which its users may experiment.  Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at POP-AUT’s sole discretion.  The provisions of this section apply with full force to such features or tools.
    2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT POP-AUT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD POP-AUT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. 
    3. No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE POP-AUT PROPERTIES. YOU UNDERSTAND THAT POP-AUT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE POP-AUT PROPERTIES.
  11. Limitation of Liability.
    1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL POP-AUT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE POP-AUT PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT POP-AUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE POP-AUT PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE POP-AUT PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE POP-AUT PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE POP-AUT PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE POP-AUT PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
    2. Cap on Liability.  UNDER NO CIRCUMSTANCES WILL POP-AUT PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50). 
    3. User Content.  POP-AUT PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
    4. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POP-AUT AND YOU. 
    5. EXCLUSION OF DAMAGES.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  12. Procedure for Making Claims of Copyright Infringement.  It is POP-AUT’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to POP-AUT by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the POP-AUT Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the POP-AUT Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for POP-AUT’s Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, 5482 Wilshire Blvd, #171, Los Angeles, CA 90036, help@popaut.com.
  13. Term and Termination.  
    1. Term.  The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the POP-AUT Properties, unless terminated earlier in accordance with the Terms.
    2. Prior Use Notwithstanding the foregoing, if you used the POP-AUT Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the POP-AUT Properties (whichever is earlier) and will remain in full force and effect while you use the POP-AUT Properties, unless earlier terminated in accordance with the Terms.
    3. Termination of Services by POP-AUTYou will have thirty (30) days from the Service Commencement Date, or any Renewal Commencement Date, for any Services hereunder, to cancel such Service. If you have materially breached any provision of the Terms, or if POP-AUT is required to do so by law (e.g., where the provision of the Website, the Software or the Services is, or becomes, unlawful), POP-AUT has the right to suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in POP-AUT’s sole discretion and that POP-AUT shall not be liable to you or any third party for any termination of your Account.
    4. Termination of Services by YouIf you want to terminate the Services provided by POP-AUT, you may do so by (a) notifying POP-AUT at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to POP-AUT's address set forth below.  
    5. Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination  of  all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.  POP-AUT will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  14. Remedies.
    1. Violations.  If POP-AUT becomes aware of any possible violations by you of the Terms, POP-AUT reserves the right to investigate such violations.  If, as a result of the investigation, POP-AUT believes that criminal activity has occurred, POP-AUT reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  POP-AUT is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the POP-AUT Properties, including Your Content, in POP-AUT’s possession in connection with your use of the POP-AUT Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of POP-AUT, its Users or the public, and all enforcement or other government officials, as POP-AUT in its sole discretion believes to be necessary or appropriate.
    2. Breach.  In the event that POP-AUT determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the POP-AUT Properties, POP-AUT reserves the right to:
      1. Warn you via e-mail (to any e-mail address you have provided to POP-AUT) that you have violated the Terms;
      2. Delete any of Your Content provided by you or your agent(s) to the POP-AUT Properties;
      3. Discontinue your registration(s) with the any of the POP-AUT Properties, including any Services or any POP-AUT community;
      4. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
      5. Pursue any other action which POP-AUT deems to be appropriate.
    3. No Subsequent Registration.  If your registration(s) with or ability to access the POP-AUT Properties, or any other POP-AUT community is discontinued by POP-AUT due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the POP-AUT Properties or any POP-AUT community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those POP-AUT Properties to which your access has been terminated.  In the event that you violate the immediately preceding sentence, POP-AUT reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
  15. International Users.  The POP-AUT Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that POP-AUT intends to announce such Services or Content in your country.  The POP-AUT Properties are controlled and offered by POP-AUT from its facilities in the United States of America. POP-AUT makes no representations that the POP-AUT Properties are appropriate or available for use in other locations.  Those who access or use the POP-AUT Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  16. General Provisions.
    1. Electronic Communications.  The communications between you and POP-AUT use electronic means, whether you visit the POP-AUT Properties or send POP-AUT e-mails, or whether POP-AUT posts notices on the POP-AUT Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from POP-AUT in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that POP-AUT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
    2. Release.  You hereby release POP-AUT Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the POP-AUT Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the POP-AUT Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.
    3. Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without POP-AUT’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    4. Force Majeure.  POP-AUT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    5. Compliance.  If you believe that POP-AUT has not adhered to the Terms, please contact POP-AUT by emailing us at help@popaut.com. We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
    6. Limitations PeriodYOU AND POP-AUT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE POP-AUT PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    7. Dispute Resolution. 
      1. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief.  Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms.  The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider.  The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.  Notwithstanding the foregoing, POP-AUT may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.  Please note that the laws of the jurisdiction where you are located may be different from Virginia law, including the laws governing what can legally be sold, bought, exported, offered or imported.  You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the POP-AUT Properties.
      2. Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law.  The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”).  As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).  
      3. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court.   Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.  You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.  Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.  
      4. You and POP-AUT must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR POP-AUT MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, POP-AUT will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) POP-AUT also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
      5. The arbitral proceedings, and all pleadings and written evidence will be in the English language.  Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 11 of the Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.

Notwithstanding the foregoing, either you or POP-AUT may bring an individual action in small claims court.  Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.  Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California.  Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, Calfornia, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, Calfornia for such purpose.  A request for interim measures shall not be deemed a waiver of the right to arbitrate. 

      1. With the exception of (d)(i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor POP-AUT shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Los Angeles County, Calfornia. By using the POP-AUT Properties in any manner, you agree to the above arbitration provision.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

    1. Governing Law.  The Terms and any action related thereto will be governed and interpreted by and under the laws of the Commonwealth of Virginia, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
    2. Choice of Language.  It is the express wish of the parties that the Terms and all related documents have been drawn up in English.  C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
    3. Notice.  Where POP-AUT requires that you provide an e-mail address, you are responsible for providing POP-AUT with your most current e-mail address.  In the event that the last e-mail address you provided to POP-AUT is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, POP-AUT’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to POP-AUT at the following address:  5482 Wilshire Blvd, #171, Los Angeles, CA 90036.  Such notice shall be deemed given when received by POP-AUT by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    4. Waiver.  Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    5. Severability.  If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    6. Export Control.  You may not use, export, import, or transfer the POP-AUT Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the POP-AUT Properties, and any other applicable laws.  In particular, but without limitation, the POP-AUT Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the POP-AUT Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the POP-AUT Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by POP-AUT are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer POP-AUT products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    7. Entire Agreement.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
  1. International Provisions.  The following provisions shall apply only if you are located in the countries listed below.
    1. United Kingdom.  A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
    2. Germany.  Notwithstanding anything to the contrary in Section 11, POP-AUT is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).