Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The
following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a
party, where "control" means ownership of 50% or more of the shares, equity interest or other securities
entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Minnesota, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to
Pop-Up Paparazzi L.L.C., 1219 10th street NW APT 301.
Content refers to content such as text, images, or other information that can be posted,
uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered on a subscription basis by
the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the
entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information,
products or services) provided by a third-party that may be displayed, included or made available by the
Website refers to Pop-Up Paparazzi, accessible from www.popuppaparazzi.com
You means the individual accessing or using the Service, or the company, or other legal entity
on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You
and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and
Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any
part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of
18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy
disclosure of Your personal information when You use the Application or the Website and tells You about Your
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in
advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of
Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You
cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.
You will not receive a refund for the fees You already paid for Your current Subscription period and You will be
able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state,
zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating
that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change
will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an
opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement
to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at
the sole discretion of the Company.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all
times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your
account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or
actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of
any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a
name or trademark that is subject to any rights of another person or entity other than You without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service,
including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights
to any Content You submit, post or display on or through the Service up until the point of purchase in which
ownership and rights are transferred to the purchaser. You agree that this license includes the right for Us to
make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us
the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You
are solely responsible for the Content and for all activity that occurs under your account, whether done so by You
or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening,
libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are
not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race,
sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters,
any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or
intended to disrupt, damage, or limit the functioning of any software,hardware or telecommunications equipment
or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right
of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any
Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves
the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke
the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by
users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by
using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable,
and You agree that under no circumstances will the Company be liable in any way for any content, including any
errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or
corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being
backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the
backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or
the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content
posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been
copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit
Your notice in writing to the attention of our copyright agent via email at [email protected] and include in
Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content
is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page
address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is
infringing is located.
Your address, telephone number, and email address.
A 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.
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.
You can contact our copyright agent via email at [email protected] Upon receipt of a notification, the
Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the
challenged content from the Service.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of
any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
the use of or reliance on any such content, goods or services available on or through any such web sites or
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or
services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason
whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You
may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers
under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the
amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for
any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or inability to use the Service, third-party software
and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms),
even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy
fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or
consequential damages, which means that some of the above limitations may not apply. In these states, each party's
liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any
kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties,
whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out
of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the
Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet
Your requirements, achieve any intended results, be compatible or work with any other software, applications,
systems or services, operate without interruption, meet any performance or reliability standards or be error free
or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or
warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the
information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are
free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable
statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But
in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent
enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the
Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by
contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in
which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States
government embargo, or that has been designated by the United States government as a "terrorist supporting"
country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and
interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law
and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this
Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter
nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You
agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is
material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the
revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the
If you have any questions about these Terms and Conditions, You can contact us: