Over the Pop Terms of Service
Please read these Terms of Service (collectively with J and R Media, Inc.
DMCA Copyright Policy http://overthepop.com/dmca, the
"Terms of Service") fully and carefully before using
http://overthepop.com (the "Site") and the services, features,
content or applications offered by J and R Media, Inc. and our affiliated
publications ("we", "us" or "our")
(together with the Site, the "Services"). These Terms of
Service set forth the legally binding terms and conditions for your use of
the Site and the Services.
Acceptance of Terms of Service.
• By registering for and/or using the Services in any manner,
including but not limited to visiting or browsing the Site, you agree to
this Terms of Service and all other operating rules, policies and procedures
that may be published from time to time on the Site by us, each of which is
incorporated by reference and each of which may be updated from time to time
without notice to you.
• Certain of the Services may be subject to additional terms and
conditions specified by us from time to time; your use of such Services is
subject to those additional terms and conditions, which are incorporated
into this Terms of Service by this reference.
• This Terms of Service applies to all users of the Services,
including, without limitation, users who are contributors of content,
information, and other materials or services, registered or otherwise.
• ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR
CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU
AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS
ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
• Eligibility. You represent and warrant that you are at
least 13 years of age. If you are under age 18, you may not, under any
circumstances or for any reason, use the Services. We may, in our sole
discretion, refuse to offer the Services to any person or entity and change
its eligibility criteria at any time. You are solely responsible for
ensuring that these Terms of Service are in compliance with all laws, rules
and regulations applicable to you and the right to access the Services is
revoked where these Terms of Service or use of the Services is prohibited or
to the extent offering, sale or provision of the Services conflicts with any
applicable law, rule or regulation. Further, the Services are offered only
for your use, and not for the use or benefit of any third party.
• You may register for an account on the Services
(an "Account") or log in using your Facebook login. To use
certain portions of the Services, you are not required to sign up for an
Account. However, certain features of the Service require you to register
for an Account. You must provide accurate and complete information and keep
your Account information updated. You shall not:
(i) select or use as a username a name of another person with the intent to
impersonate that person;
(ii) use as a username a name subject to any rights of a person other than
you without appropriate authorization; or
(iii) use, as a username, a name that is otherwise offensive, vulgar or
obscene. You are solely responsible for the activity that occurs on your
Account, and for keeping your Account password secure. You may never use
another person's user account or registration information for the
Services without permission. You must notify us immediately of any change in
your eligibility to use the Services (including any changes to or revocation
of any licenses from state authorities), breach of security or unauthorized
use of your Account. You should never publish, distribute or post login
information for your Account. You shall have the ability to delete your
Account, either directly or through a request made to one of our employees
• By using the Services through Facebook, you permit us to access
certain information from your Facebook profile for use by the Services. You
may control the amount of information that is accessible to us by adjusting
your Facebook account privacy settings. By using the Services, you are
authorizing us to collect, store, retain, and use indefinitely, in
http://overthepop.com/privacy, any and all information
that you permitted Facebook to provide to us.
• Termination. We may terminate your access to all or any
part of the Services at any time, with or without cause, with or without
notice, effective immediately, which may result in the forfeiture and
destruction of all information associated with your membership.
• We have no special relationship with or fiduciary duty to you.
You acknowledge that We have no duty to take any action regarding:
• which users gain access to the Services;
• what Content you access via the Services; or
• how you may interpret or use the Content.
• You release us from all liability for you having acquired or not
acquired Content through the Services. We make no representations concerning
any Content contained in or accessed through the Services, and we will not
be responsible or liable for the accuracy, copyright compliance, or legality
of material or Content contained in or accessed through the Services.
• THE SERVICES AND CONTENT ARE PROVIDED "AS IS",
"AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL
OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE
OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
• Indemnification. You shall defend, indemnify, and hold
harmless us, our affiliates and each of our and their respective employees,
contractors, directors, suppliers and representatives from all liabilities,
claims, and expenses, including reasonable attorneys' fees, that
arise from or relate to your use or misuse of, or access to, the Services,
Content, or otherwise from your User Content, violation of these Terms of
Service, or infringement by you, or any third party using your Account or
identity in the Services, of any intellectual property or other right of any
person or entity. We reserve the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will assist and cooperate with us in asserting any available
• Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR
DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE
LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL
OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES
(I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES
(II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE
SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE
•ARBITRATION CLAUSE AND CLASS ACTION WAIVER –
IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
• Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND
US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR
RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE
TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR
PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE
AMERICAN ARBITRATION ASSOCIATIONS RULES FOR ARBITRATION OF CONSUMER-RELATED
DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND
RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT,
AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN
ARBITRATION. As an alternative, you may bring your claim in your local
"small claims" court, if permitted by that small claims courts rules and if
within such court's jurisdiction, unless such action is transferred,
removed or appealed to a different court. You may bring claims only on your
own behalf. Neither you nor we will participate in a class action or
class-wide arbitration for any claims covered by this agreement to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR
CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT
TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You
also agree not to participate in claims brought in a private attorney
general or representative capacity, or consolidated claims involving another
persons account, if we are a party to the proceeding. This dispute
resolution provision will be governed by the Federal Arbitration Act and not
by any state law concerning arbitration. In the event the American
Arbitration Association is unwilling or unable to set a hearing date within
one hundred and sixty (160) days of filing the case, then either we or you
can elect to have the arbitration administered instead by the Judicial
Arbitration and Mediation Services. Judgment on the award rendered by the
arbitrator may be entered in any court having competent jurisdiction. Any
provision of applicable law notwithstanding, the arbitrator will not have
authority to award damages, remedies or awards that conflict with these
Terms of Service.
• Severability. If the prohibition against class actions
and other claims brought on behalf of third parties contained above is found
to be unenforceable, then all of the preceding language in this Arbitration
section will be null and void. This arbitration agreement will survive the
termination of your relationship with us.
• Governing Law and Jurisdiction. The Terms of Service
shall be governed by and construed in accordance with the laws of the State
of New York, including its conflicts of law rules, and the United States of
America. You agree that any dispute arising from or relating to the subject
matter of this Terms of Service shall be governed by the exclusive
jurisdiction and venue of the state and Federal courts of New York County,
• Modification. We reserve the right, in our sole
discretion, to modify or replace any part of these Terms of Service, or
change, suspend, or discontinue the Services (including without limitation,
the availability of any feature, database, or content) at any time by
posting a notice on the Site or by sending you notice through the Services,
via e-mail or by another appropriate means of electronic communication. We
may also impose limits on certain features and services or restrict your
access to parts or all of the Services without notice or liability. It is
also your responsibility to check these Terms of Service periodically for
changes. Your continued use of the Services following any changes to these
Terms of Service constitutes acceptance of those changes.
• Entire Agreement and Severability. These Terms of Service
are the entire agreement between you and us with respect to the Services,
including use of the Site, and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between
you and us with respect to the Services. If any provision of these Terms of
Service is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that these Terms
of Service will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights hereunder.
• Force Majeure. We shall not be liable for any failure to
perform our obligations hereunder where such failure results from any cause
beyond our reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation.
• Assignment. These Terms of Service are personal to you,
and are not assignable, transferable or sublicensable by you except with our
prior written consent. We may assign, transfer or delegate any of our rights
and obligations hereunder without consent.
• Agency. No agency, partnership, joint venture, or
employment relationship is created as a result of these Terms of Service and
neither party has any authority of any kind to bind the other in any
• No Waiver. Our failure to enforce any part of these Terms
of Service shall not constitute a waiver of our right to later enforce that
or any other part of these Terms of Service. Waiver of compliance in any
particular instance does not mean that we will waive compliance in the
future. In order for any waiver of compliance with these Terms of Service to
be binding, we must provide you with written notice of such waiver through
one of our authorized representatives.
• Headings. The section and paragraph headings in these
Terms of Service are for convenience only and shall not affect their