Blogpop.io Terms of Service

We appreciate your decision to use Blogpop. Our goal is to broaden people’s knowledge of the world and foster ideas of significance.

The following Terms of Service (“Terms”) are applicable to your access to and use of the websites, mobile applications, and other online products and services (collectively referred to as the “Services”) provided by Blogpop Corporation (“Blogpop” or “we”). By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,”) or using our Services, you agree to these Terms, including the compulsory arbitration provision and class action waiver in the Settling Disputes; Binding Arbitration Section.

Our Privacy Policy describes how we collect and utilize your data, while our Rules outline your duties when using our Services. Using our Services signifies your acceptance of these Terms and our Rules. Please refer to our Privacy Policy for information on how we collect, use, share and process your information.

For any inquiries about these Terms or our Services, please contact us at legal@blogpop.io.

Your Account and Duties

You are accountable for your use of the Services and any content you submit, this includes compliance with relevant laws. Content on the Services may be safeguarded by others' intellectual property rights. Please refrain from copying, uploading, downloading, or sharing content unless you have the authority to do so.

Your usage of the Services should comply with our Rules.

To gain access to some or all of our Services, you might need to create an account. Help us maintain the security of your account. Protect your password and keep your account information updated. We advise against sharing your password with others.

If you are accepting these Terms and utilizing the Services on behalf of another party (like another person or entity), you are stating that you are authorized to do so, and the words “you” or “your” in these Terms include that other party.

To avail our Services, you must be a minimum of 13 years old.

If you use the Services to access, gather, or utilize personal information about other Blogpop users (“Personal Information”), you agree to do so in accordance with relevant laws. You also agree not to sell any Personal Information, where the term “sell” has the interpretation given to it under relevant laws.

For Personal Information you submit to us (e.g. as a Newsletter Editor), you attest and guarantee that you have lawfully collected the Personal Information and that you or a third party has delivered all required notifications and obtained all required approvals before collecting the Personal Information. You further attest and guarantee that Blogpop’s use of such Personal Information in accordance with the objectives for which you supplied us the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.

Reporting Copyright Infringements

We respect the copyright of others and respond to notices of alleged copyright infringement that comply with the law. Please report such notices in accordance with our Copyright Policy.

Rights and Ownership

You maintain your rights to any content you submit, post, or display on or through the Services.

Unless explicitly agreed upon in writing, by submitting, posting, or displaying content on or through the Services, you provide Blogpop a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your content along with any name, username or likeness provided in connection with your content across all media formats and distribution methods currently known or developed later on the Services.

Blogpop requires this license because you own your content and Blogpop therefore cannot showcase it across its various platforms (e.g., mobile, web) without your authorization.

This license is also necessary to distribute your content across our Services. For instance, you post a blog on Blogpop. It is reproduced as versions on both our website and app, and disseminated to multiple places within Blogpop, such as the homepage or reading lists. A modification might be that we show a snippet of your work (and not the full post) in a preview, with attribution to you. A derivative work might be a list of top authors or quotes on Blogpop that uses parts of your content, again with full attribution. This license is applicable to our Services only, and does not provide us any permissions outside of our Services.

As long as you abide by these Terms, Blogpop grants you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not confer you any right, title, or interest in the Services, other users' content on the Services, or Blogpop trademarks, logos, or other brand features.

Apart from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas, and suggestions you have about our Services. We may utilize this feedback for any purpose, at our sole discretion, without any obligation to you. We may consider feedback as nonconfidential.

We reserve the right to discontinue providing the Services or any of its features at our sole discretion. We also retain the right to impose limits on use and storage, and may remove or restrict content distribution on the Services.

Termination

You have the liberty to discontinue using our Services whenever you wish. We reserve the right to suspend or terminate your access to the Services with or without prior notice.

Transfer and Processing Data

To enable us to provide our Services, you consent to us processing, transferring, and storing information about you in the US and other countries, where you may not have the same rights and protections as you do under local law.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Blogpop, and our officers, directors, agents, partners, and employees (individually and collectively, the “Blogpop Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Blogpop Parties of any third-party Claims, cooperate with Blogpop Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Blogpop Parties will have control of the defense or settlement, at Blogpop's sole option, of any third-party Claims.

Disclaimers — Service is “As Is”

Blogpop endeavors to provide you with exceptional Services, but there are certain things we cannot guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Furthermore, Blogpop doesn’t assert or warrant that our Services are accurate, complete, reliable, current, or error-free. No advice or information obtained from Blogpop or through the Services will create any warranty or representation not expressly stated in this section. Blogpop may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations do not permit the disclaimers in this paragraph and so they might not apply to you.

Limitation of Liability

We don't exclude or limit our liability to you where it would be illegal to do so—this includes any liability for Blogpop's or the other Blogpop Parties' gross negligence, fraud, or intentional misconduct in providing the Services. In countries where exclusions or limitations of liability are prohibited, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This section doesn't affect consumer rights that can't be waived or limited by any contract or agreement.

In countries where exclusions or limitations of liability are permitted, Blogpop and Blogpop Parties won't be liable for:

(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data, or profits, under any legal theory, even if Blogpop or the other Blogpop Parties have been advised of the possibility of such damages.

(b) Other than for the types of liability we can't limit by law (as described in this section), we limit the total liability of Blogpop and the other Blogpop Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.

Resolving Disputes; Binding Arbitration

We aim to address your concerns without the need for a formal legal case. Before filing a claim against Blogpop, you agree to contact us and attempt to resolve the claim informally. If we can't resolve the issue within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.

Please read the following sections carefully because they require you to arbitrate certain disputes and claims with Blogpop and limit the manner in which you can seek relief from us, unless you opt out of arbitration.

No Representative Actions

You and Blogpop agree that any dispute arising out of or related to these Terms or our Services is personal to you and Blogpop and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes

Except for small claims disputes or disputes regarding intellectual property, you and Blogpop waive your rights to a jury trial and to have any other dispute resolved in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in San Francisco, California, unless you're a consumer, in which case you may elect to hold the arbitration in your county of residence.

You and Blogpop agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court.

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, Blogpop, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards.

You and Blogpop agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Blogpop will pay the remaining JAMS fees and costs. For any arbitration initiated by Blogpop, Blogpop will pay all JAMS fees and costs.

Any dispute must be filed within one year after the relevant claim arose; otherwise, the dispute is permanently barred, which means that you and Blogpop will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.

If any portion of this section is found to be unenforceable or unlawful for any reason, that provision will be severed from these Terms. The unenforceability or illegality of that provision will have no impact on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis.

Governing Law and Venue

These Terms and any dispute that arises between you and Blogpop will be governed by Wisconsin law except for its conflict of law principles. Any dispute between the parties that's not subject to arbitration or can't be heard in small claims court will be resolved in the state or federal courts of Wisconsin and the United States, respectively.

Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Amendments

We reserve the right to modify these Terms at any time. If changes occur, we'll notify you by sending an email to the address associated with your account, via an in-app notification, or by updating the "Last Updated" date at the top of these Terms. Unless we say otherwise, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you disagree with the modified Terms, you should stop using our Services.

Severability

If any provision or part of a provision of these Terms is deemed unlawful, void, or unenforceable, that provision or part of the provision is severable from these Terms and does not affect the validity and enforceability of the remaining provisions.

Miscellaneous

Any failure by blogpop.io to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. These Terms, along with the terms and policies listed in the "Other Terms and Policies that May Apply to You" section, constitute the complete agreement between the parties and supersede all previous agreements, statements, and understandings. The section titles in these Terms are for convenience only and have no legal or contractual significance. The word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

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