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Business Terms & Conditions

Terms of Purchase and Use

BY PURCHASING A SUBSCRIPTION, ORDERING SERVICES, OR ACCESSING OR USING THE POPBOOKINGS PLATFORM, INCLUDING THE WEBSITE, APPLICATIONS, AND ASSOCIATED TOOLS (COLLECTIVELY, THE “POPBOOKINGS SERVICES”), YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF PURCHASE AND USE.

These Terms of Purchase and Use form part of the PopBookings Subscription Agreement and apply to your initial and all subsequent purchases, subscriptions, or use of the PopBookings Services.

If you do not agree to these terms, you may not purchase or use the PopBookings Services.

Subscription Plans and Service Access

PopBookings offers access to its platform through subscription plans, usage-based services, or other offerings that may be described on the PopBookings website, within the platform, or in an Order Form or subscription plan (collectively, the “Services”).

By purchasing a subscription or otherwise using the Services, you agree to the pricing, billing terms, and service features associated with the selected plan.

PopBookings may modify or update available subscription plans, features, or pricing from time to time as described elsewhere in these Terms.

Order Forms

From time to time, PopBookings and a customer may enter into a written or electronic order form, service order, or subscription plan description (an “Order Form”) that specifies the services, pricing, subscription term, or other details applicable to the purchase.

Each approved Order Form becomes part of the PopBookings Subscription Agreement and is governed by these Terms unless expressly stated otherwise.

In the event of a conflict between an Order Form and these Terms, the Order Form will control solely with respect to the services described in that Order Form.

Service Availability

PopBookings will use commercially reasonable efforts to make the platform available to users; however, the Services may be modified, updated, interrupted, or temporarily unavailable due to maintenance, upgrades, technical issues, or circumstances beyond PopBookings’ control.

PopBookings shall not be liable for any losses or damages arising from temporary interruptions, delays, or changes in the availability of the Services.

No Transfer of Software Ownership

The PopBookings platform, including all associated software, applications, algorithms, and technologies, is licensed and not sold.

Your purchase of a subscription or use of the Services grants you a limited right to access and use the platform in accordance with these Terms but does not transfer ownership of the software or platform to you.

Cancellation of Orders

Orders for subscription services may be cancelled in accordance with the cancellation terms applicable to your subscription plan or as otherwise provided in these Terms.

Except where required by law, fees already paid are non-refundable.

Continued Use of the Platform

The PopBookings platform may continue to evolve over time through updates, feature improvements, and changes to functionality.

By continuing to use the Services after such updates are implemented, you agree to the modified version of the platform as part of the ongoing service provided by PopBookings.

 

PopBookings Services; Grant of Rights

If PopBookings Services are obtained pursuant to an Order Form, Service Provider grants you and your staff (collectively, the “Users”), for the Term of Service indicated in the Order Form, a limited, non-exclusive, terminable, non-transferable license to access and use the services, tools and applications provided through the PopBookings Service subject to these Terms of Purchase and Use. The PopBookings Service may include download areas and product information provided by Service Provider or third-party vendors. All PopBookings Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Purchase and Use. All rights not expressly granted to you and your Users pursuant to the PopBookings Subscription Agreement are reserved to Service Provider, and all uses of the PopBookings Service not expressly permitted hereunder are prohibited.

 

Permitted and Prohibited Use

Limited Use. You and your Users may access the PopBookings System and use the PopBookings Services solely to support and operate in your internal business (i) the Products purchased by you from Service Provider; and (ii) Service Provider's web-based monitor and control management portal (“the “Portal”). Service Provider reserves the right, in its sole discretion, to limit your and/or your Users' use of the PopBookings Services in the event that Service Provider determines that your and/or your Users' use thereof to be inconsistent with such purposes, and/or otherwise inconsistent with these Terms of Purchase and Use.

Prohibited Uses. You agree, for yourself and all your Users, as a condition of use of the PopBookings Services, not to use the PopBookings Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You and your Users may not use the PopBookings Service in any manner that could damage, disable, overburden, or impair any Service Provider or subscriber server, or the network(s) connected to any Service Provider or subscriber server, or interfere with any other party's use and enjoyment of any of the PopBookings Services. You and your Users may not attempt to gain unauthorized access to any part of the PopBookings Services, other accounts, computer systems or networks connected to any Service Provider or subscriber server or to any part of the PopBookings Services, through hacking, password mining or any other means. You and your Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PopBookings Services. Except as expressly set forth herein, you and your Users may not (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the PopBookings Services, or any associated applications, tools or data thereof; (ii) disassemble, decompile, or reverse engineer the software used to provide the PopBookings Services, or use a robot, spider, or any similar device to copy or catalog any materials or information made available through the PopBookings Services; or (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the PopBookings Services' control or security systems, or allow or assist a third party to do so.

Unauthorized Data Collection. The information on PopBookings is provided to help you use the platform. Collecting, copying, or scraping data from the platform without permission—either manually or with automated tools—is not permitted and may result in account suspension or further action.

Suspension of Service. Service Provider may at any time suspend (or require that you suspend) the access of Users to the PopBookings Services and/or disable their Login Information in the event of violation of these terms and conditions. Grounds for doing are not limited but may include, for example, legal or regulatory reasons, investigation of suspicious activities, or action by authorities, or if Service Provider or you have has reason to suspect any such User is engaged in activities that may violate these Terms of Purchase and Use, applicable laws, or subscriber policies, or are otherwise deemed harmful to Service Provider, your organization, your and our respective network or facilities, or other Users. Service Provider shall not be liable to any User for suspension of PopBookings Service, regardless of the grounds.

API and Automated Access Restrictions. You may access the PopBookings platform only through the interfaces and methods expressly provided by PopBookings.

You agree not to access or interact with the platform through automated means, including but not limited to bots, scripts, crawlers, scrapers, spiders, or similar technologies, unless such access is expressly authorized by PopBookings through an official API or written permission.

If PopBookings provides access to an application programming interface (“API”), your use of the API must comply with all applicable documentation, rate limits, and usage policies published by PopBookings. PopBookings reserves the right to suspend or revoke API access at any time if such access is used in a manner that may harm the platform, degrade performance, violate these Terms, or circumvent platform functionality or fees.

You may not use the platform, API, or any data obtained from PopBookings to:

  • build, train, or improve machine learning models or artificial intelligence systems

  • create a competing product or service

  • replicate or reverse engineer the platform’s marketplace structure, algorithms, or data sets

  • harvest, collect, or aggregate user data or listings without authorization

PopBookings reserves the right to investigate suspected unauthorized access and may take any lawful action necessary to protect the platform, including suspending accounts, blocking IP addresses, restricting access, or pursuing legal remedies.

 

Ownership; Subscriber and User Submissions

As between you, your users, and PopBookings, PopBookings and its licensors retain all right, title, and interest in and to the PopBookings platform, including the PopBookings Services, all related software, technology, algorithms, user interfaces, workflows, designs, documentation, tools, data structures, and any associated applications (collectively, the “Platform”).

The Platform, and all additions, modifications, enhancements, and improvements to it, are and shall remain the exclusive property of PopBookings and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

Your use of the PopBookings Services does not grant you or your users any ownership rights in the Platform.

User Content

Users may submit, upload, post, or transmit information through the PopBookings platform, including job postings, profile information, communications, and other content (“User Content”).

You and your users retain ownership of any User Content you submit to the platform.

However, by submitting User Content, you grant PopBookings a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, process, and use such User Content solely as necessary to operate, maintain, and improve the PopBookings Services.

Platform Data and Analytics

PopBookings may collect and generate data related to the use and operation of the platform, including usage data, system performance data, booking activity, and marketplace metrics (“Platform Data”).

PopBookings may use, analyze, process, and share Platform Data in aggregated or anonymized form for purposes including:

  • operating and improving the PopBookings Services

  • developing new products or features

  • business analytics and reporting

  • benchmarking and industry insights

Platform Data that has been aggregated or anonymized does not identify individual users or businesses.

Platform Improvements and Updates

PopBookings reserves the right to update, modify, enhance, replace, or reconfigure the platform and the PopBookings Services at any time in order to improve functionality, security, or performance.

If PopBookings makes a change that materially and adversely affects the functionality of the services you are actively using, PopBookings will provide at least thirty (30) days’ advance notice where reasonably practicable.

Changes to Fees and Service Terms

PopBookings may update pricing, service terms, support terms, or service-level commitments from time to time. Unless otherwise required by law, such changes will become effective upon renewal of your subscription term or as otherwise specified in the applicable notice.

PopBookings may provide notice of material changes by:

  • posting a notice within the PopBookings platform

  • posting a notice on the PopBookings website

  • sending notice to the email address associated with your account

  • including the updated terms in an amendment or updated version of these Terms

Feedback and Suggestions

From time to time, users may submit feedback, suggestions, feature requests, ideas, or other comments regarding the PopBookings platform (“Feedback”).

By submitting Feedback, you grant PopBookings a perpetual, irrevocable, worldwide, royalty-free, transferable license to use, reproduce, modify, distribute, display, and incorporate such Feedback into the platform or any other products or services without restriction and without any obligation to compensate you.

PopBookings is not required to implement any Feedback provided by users and may use or ignore such Feedback at its sole discretion.

Platform and Marketplace Data

PopBookings retains ownership of the platform itself and all Platform Data, including:

  • system usage data

  • booking activity metrics

  • marketplace performance metrics

  • aggregated talent and job demand data

  • anonymized or aggregated user activity data

PopBookings may analyze, process, and use Platform Data in aggregated or anonymized form for business purposes including:

  • improving the platform

  • marketplace analytics

  • benchmarking and reporting

  • product development

Such aggregated or anonymized data will not identify individual users or businesses. PopBookings may use anonymized job and talent data to generate marketplace insights.

 

Links to Third Party Sites

The PopBookings Service may provide links that allow you or your Users to leave Service Provider's site and/or access third party websites. The linked sites in many cases are not under the control of Service Provider and Service Provider is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Service Provider is not responsible for webcasting or any other form of transmission received from any linked site. Service Provider provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Service Provider of the site.

 

Use of Passwords; Internet

You are responsible for providing and administering usernames and passwords for all Users (the “Log-In Information”). Each User must have a valid username and password for the purpose of accessing the PopBookings Services. You and your Users must keep all Log-In Information strictly confidential. Log-In Information may be used only by the assigned User and may not be shared or transferred without your consent and control.

You and your Users are responsible for maintaining the confidentiality of that User's username and password. You and your Users are responsible for any and all activities that occur under all your Users' accounts. You agree to notify Service Provider immediately of any unauthorized use of your Users' accounts or any other breach of security. Service Provider will not be liable for any loss that you or a User may incur as a result of someone else using your Users' passwords or accounts, either with or without the applicable Users' knowledge.

Service Provider does not guarantee the security of any information transmitted to or from you or any User over the Internet, including through the use of e-mail. Access to the Internet, if employed, is your and each User's sole responsibility and the responsibility of Internet provider(s) you select. Service Provider does not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment.

 

Communications from Service Provider

Service Provider may periodically contact you or Users for customer service purposes. By accessing the PopBookings Services, you and each User consent to receive such communications. You agree that Service Provider may reference its business relationship with you in its marketing or sales materials.

 

Payments, etc.

You agree to pay all fees associated with your use of the PopBookings platform, including any subscription fees, transaction fees, service fees, posting fees, or other charges presented to you at the time of purchase, in your subscription plan, Order Form, or otherwise communicated through the platform.

Subscription plans are billed in advance on a recurring basis for the applicable billing period (e.g., monthly or annually), unless otherwise specified. Transaction fees, service fees, or other usage-based fees may be charged at the time the applicable transaction occurs or when services are rendered.

Unless otherwise stated in writing, all invoices are due within thirty (30) days from the invoice date.

You authorize PopBookings to charge the payment method associated with your account for all applicable fees when they become due.

Auto-Renewal of Subscriptions

Unless otherwise specified in writing, all subscription plans automatically renew at the end of each billing period for the same duration as the original term.

By purchasing a subscription, you authorize PopBookings to automatically charge your payment method on file for the renewal term at the then-current subscription rate unless you cancel your subscription prior to the renewal date.

You may cancel your subscription at any time by contacting PopBookings [email protected]. Cancellation will take effect at the end of the current billing period unless otherwise stated.

Changes to Fees and Pricing

PopBookings reserves the right to modify subscription fees, transaction fees, service fees, and other pricing for the platform at any time.

If PopBookings changes pricing for subscription plans, such changes will take effect at the start of your next renewal term unless otherwise required by law. Continued use of the platform after the effective date of any pricing change constitutes acceptance of the updated fees.

Refund Policy

Except where required by applicable law, all subscription fees, service fees, posting fees, penalty fees, cancellation fees, and transaction fees are non-refundable once charged.

Circumvention and Platform Fee Protection

Users agree not to circumvent the PopBookings platform in order to avoid applicable platform fees.

If PopBookings determines that a transaction, engagement, or working relationship occurred outside of the platform after a connection, introduction, communication, or job posting originated through PopBookings, PopBookings reserves the right to assess and charge the applicable platform service fees retroactively as if the transaction had been completed through the platform.

You authorize PopBookings to charge any payment method associated with your account for such retroactive fees.

PopBookings may rely on reasonable evidence when determining whether circumvention has occurred, including but not limited to:

  • job postings or communications on the platform

  • communications between users

  • payment records

  • publicly available information

  • reports or complaints from platform users

Job Posting and Booking Rate Policy

PopBookings operates as a booking marketplace platform. Businesses that post opportunities on the platform are expected to complete bookings through the platform when hiring workers introduced through PopBookings.

If a business account repeatedly posts jobs on the platform but demonstrates a 0% booking rate across multiple job postings, PopBookings may reasonably conclude that bookings are occurring outside of the platform.

In such cases, PopBookings reserves the right to estimate bookings associated with those postings and charge applicable platform transaction fees in accordance with the user's subscription plan as if the jobs had been booked through the platform.

Users authorize PopBookings to charge such fees to any payment method associated with their account.

Taxes

You are responsible for paying all applicable taxes, duties, or governmental charges associated with your use of the PopBookings platform, excluding taxes based on PopBookings’ net income. Such taxes may include, but are not limited to, federal, state, provincial, local, or international taxes, as well as any import/export duties or similar assessments where applicable.

You agree to indemnify and hold PopBookings harmless from any liability arising from your failure to properly report or pay such taxes.

Failure to Pay; Remedies

If you fail to comply with these Terms, any applicable subscription agreement, or any approved Order Form—including failure to pay subscription fees, transaction fees, service fees, or other charges when due—PopBookings may, to the extent permitted by applicable law, exercise one or more of the following remedies:

(a) Immediate Payment of Outstanding Amounts

PopBookings may declare all outstanding balances immediately due and payable. For subscription plans, PopBookings may accelerate any remaining subscription fees due for the remainder of the current subscription term.

(b) Authorization to Charge Payment Methods

You authorize PopBookings to charge any payment method associated with your account for unpaid subscription fees, transaction fees, service fees, applicable taxes, and any other charges permitted under these Terms.

(c) Suspension or Termination of Services

PopBookings may suspend or restrict access to the platform, including the ability to post jobs, book talent, communicate with users, or process payments, until all outstanding amounts are resolved.

(d) Collection and Enforcement

PopBookings may pursue collection of unpaid amounts through lawful means, including engaging collection agencies or pursuing legal remedies where appropriate. You agree to reimburse PopBookings for reasonable costs of collection, including attorneys’ fees where permitted by law.

(e) Additional Remedies

All remedies available to PopBookings under these Terms are cumulative and may be exercised individually or together. Failure or delay by PopBookings to exercise any right or remedy shall not constitute a waiver of that right.

Notice Specific to Software Available with the PopBookings Services

PopBookings and its licensors retain all right, title, and interest in and to the PopBookings platform, including all software, technology, algorithms, user interfaces, content, and related intellectual property made available through the PopBookings services (collectively, the “Platform”).

Subject to your compliance with these Terms, PopBookings grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business purposes and only in connection with your authorized use of the PopBookings services.

This license does not grant you ownership of the Platform or any intellectual property rights in the software.

Restrictions on Use

Except as expressly permitted under these Terms, you agree not to:

  • copy, modify, reproduce, distribute, republish, download, display, transmit, or create derivative works of the Platform or any portion of the Platform

  • reverse engineer, decompile, disassemble, or attempt to discover the source code, algorithms, or underlying structure of the Platform

  • use automated scripts, bots, crawlers, scraping tools, or similar technologies to access, collect, or extract data from the Platform

  • access the Platform for the purpose of building a competing product or service

  • sublicense, resell, lease, rent, or otherwise commercially exploit the Platform except as expressly permitted by PopBookings

  • attempt to bypass or circumvent any security measures, rate limits, or technical protections implemented by PopBookings

  • You may not use the PopBookings platform or any data obtained from the platform to train, develop, or improve machine learning models, artificial intelligence systems, or competing marketplace platforms without the express written consent of PopBookings.

No Unauthorized Copying or Distribution

The Platform and all associated software are protected by copyright, trade secret, and other intellectual property laws.

Except as expressly permitted by PopBookings in writing, you may not copy or reproduce any part of the Platform or its underlying software, including reproducing the software on another server, system, or environment for redistribution, commercial use, or competitive purposes.

Any unauthorized use of the Platform or its software may result in suspension or termination of your account and may subject you to civil or criminal liability under applicable law.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable.

 

Changes to Terms of Use

SERVICE PROVIDER RESERVES THE RIGHT TO CHANGE THESE TERMS OF PURCHASE AND USE FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN POPBOOKINGS POSTS THE REVISED TERMS OF USE AS PART OF THE SERVICE OR ON ANY RELATED WEBSITE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF PURCHASE AND USE” HYPERTEXT LINK LOCATED IN THE HOME PAGE FOR THE SERVICE. USERS SHOULD CHECK THE TERMS OF USE FROM TIME TO TIME, AS THEY ARE BOUND BY THE TERMS OF USE SO POSTED FROM AND AFTER THE TIME THE CHANGES ARE POSTED. ANY REVISED TERMS OF USE SHALL SUPERSEDE ALL PREVIOUS VERSIONS.

 

Termination of the PopBookings Subscription Agreement; Effect of Termination or Expiration

In the event that you breach any term of the PopBookings Subscription Agreement, or you or your Users breach these Terms of Purchase and Use, and such breach is not cured within 10 days after receipt of notice thereof from Service Provider, Service Provider may terminate the PopBookings Subscription Agreement in whole or in part immediately upon written notice to you. Notwithstanding the foregoing, there shall be no cure period for any Event of Default that is not curable.

Upon expiration or prior termination of the PopBookings Subscription Agreement, all rights granted herein shall revert to Service Provider. All access to and use of the PopBookings Services by Users must then cease, and all materials, applications and tools downloaded from the PopBookings Service must be erased, deleted, or destroyed.

 

No Warranties, Limitation of Liability

To the extent that the original manufacturer is not Service Provider or its affiliates and such manufacturer makes any warranties covering the Products, Service Provider assigns those warranties to you, subject to the conditions and limitations provided by the manufacturer. Service Provider will cooperate with you, at your cost, to process any warranty claim, but Service Provider assumes no other responsibility for such warranties. THE FOREGOING ASSIGNMENT OF WARRANTIES IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES PERTAINING TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTY ARISING FROM ANY DESCRIPTION OR SPECIFICATION PROVIDED FOR THE PRODUCTS, OR ANY SAMPLE OR MODEL PRESENTED TO YOU OR YOUR REPRESENTATIVES, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR TITLE. YOUR EXCLUSIVE REMEDY FOR ANY CLAIM BASED ON THE CONDITION, PERFORMANCE, DEFECT OR NON-CONFORMITY OF THE PRODUCTS SHALL BE TO MAKE A CLAIM TO THE ORIGINAL MANUFACTURER FOR THE WARRANTIES (IF ANY) PROVIDED BY THE ORIGINAL MANUFACTURER.

 

THE POPBOOKINGS SERVICES AND ANY TOOLS, APPLICATIONS, INFORMATION OR MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE POPBOOKINGS SERVICES ARE PROVIDED “AS IS,” AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. POPBOOKINGS DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE POPBOOKINGS SERVICES.

 

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SERVICE PROVIDER OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF POPBOOKINGS' OBLIGATIONS HEREUNDER. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE.

 

Service Provider and its affiliates shall not be liable for loss, injury or damage of any kind to any person or entity resulting from any use, condition, performance, defect or failure in the Products or the PopBookings Services. You and your Users release and waive all claims against Service Provider, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your and your Users' use of the Products and the PopBookings Services. California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “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.” You and your Users agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Service Provider Group.

 

Subscriber Representations

You represent and warrant that (i) you have full power and authority to enter into the PopBookings Subscription Agreement, and to agree to all the terms and conditions contained therein and in these Terms of Purchase and Use; (ii) only you and your Users shall per permitted to access the PopBookings Services and any related tools, applications, information and materials provided in connection with the PopBookings Services; and (iii) you shall obtain and maintain in effect all permits, licenses and authorizations necessary for the purchase and intended use of the Products and the PopBookings Services.

 

Reporting Infringement

By accessing and/or using the PopBookings Services, Users agree to report to Service Provider all claims or suspected claims of copyright or other infringement of Service Provider's intellectual property or other proprietary rights. Claims of infringement should be directed to Legal Department, Service Provider, Jay Pietig, Startup Legal Group, [email protected].

If you believe that any information on the PopBookings Site infringes on your copyright, you should notify Service Provider of your claim in accordance with the following procedures. Service Provider will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable copyright laws. The DMCA requires that notification of claimed infringement be in writing and provided to Service Provider's designated agent of service.

To be effective, the notice of infringement must contain the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Miscellaneous.

Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party's reasonable control shall not be a breach hereof.

Service Provider shall not be liable for any loss or damage of any kind or for any consequences thereof resulting from delay or inability to deliver caused by strikes, lockouts, fire, theft, shortage, inability to obtain materials or shipping space, breakdowns, delays or carriers, manufacturers, or suppliers, acts of God, governmental statutes, proclamations or regulations, riot, civil commotion, war, malicious mischief, receipt of necessary information from Purchaser, or by any cause beyond your reasonable control.

You acknowledge and agree that the PopBookings Services and the tools, applications, information and materials provided in connection with the PopBookings Services possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Service Provider or other Subscribers for which Service Provider or such other Subscribers would not have an adequate remedy at law. Therefore, you agree that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Service Provider, Service Provider shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.

This Agreement shall be construed and enforced under the laws of the State of Missouri, USA without reference to the choice of law principles thereof. User hereby consents to and submits to the jurisdiction of the federal and state courts located in the State of Missouri. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum.

If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof.

No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.

Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.

Terms updated and effective as of March 4, 2026