Popshoplive Terms of Service
CommentSold Technologies, LLC d/b/a Popshoplive – Terms of Service (United States)
Last updated: Feb 13, 2024
Your use of the Services and/or your registration with us constitutes your agreement to these Terms of Services, our Privacy Policy, our Community Guidelines, FAQs, and other policies that we promulgate from time to time (collectively, the “Agreement”). These Terms of Service are a legal agreement between you and Popshop. These Terms of Service specify the terms under which you may access and use our website located at popshop.com (the “Site”) and e-commerce application (the “App,” together the Site and the App shall be referred to as the “Services”). The Agreement is subject to change at any time, without prior notice. You are responsible for reviewing the Agreement on a regular basis. The Agreement applies to all visitors and all who access our Services.
To make these Terms of Service (the “Terms of Service”) easier to read, we will sometimes refer to CommentSold Technologies, LLC (d/b/a Popshoplive) as “Popshoplive”, “our”, “we”, or “us”, and we will refer to a user who visits or creates an account on Popshoplive as “User” or “you” or “yours.” In some instances when describing interactions between Users we will differentiate between “buyer” Users (each, a “Buyer”) and “seller” Users (each, a “Vendor”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This Agreement also includes information as to your responsibilities, how you, and Popshoplive may change or end this Agreement, what to do if there is a problem, and important information about insurance, liability, and legal rights.
We respect the privacy and security of our users. You understand that by using our Services, you give consent to the collection, use, and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.
PART 1 - ROLES AND RESPONSIBILITIES, FEES, AND PAYMENT
This part describes each party’s role and responsibilities under the Agreement. This includes Vendor’s obligations in relation to the price and quality of Items (as defined below).
This part also sets out how the fees and charges are calculated, including the fees payable to Popshoplive, the amount that Vendor receives, and the circumstances where Vendor is responsible for the cost of refunds provided to Vendor’s customers.
1 SERVICES
1.1 General description
The Services provide a platform where Vendors can livestream and/or post videos to sell their products (“Items”) to Buyers.
Our Services have several types of users:
Visitors. Visitors to our Site, as the term implies, are people who do not register for an account, but want to explore the Services for informational purposes. No login is required for visitors to the Services. Visitors can access all publicly available content and features of the Services and can contact us using the contact link on the Services.
Registered Users and Accounts. In order to become a Vendor and/or a Buyer, you must establish an account with us. Popshoplive is under no obligation to accept any individual or entity as an account holder and may accept or reject any registration in our sole and complete discretion.
To create an account, you or your authorized representative will be prompted to create a password and user name (“Popshoplive User ID”) and perhaps provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively “Login Credentials”).
You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself. Each Popshoplive User ID and corresponding password can be used by only one individual.
You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any Purchases (as defined below), use of the Services, or communications from your account to Popshop).
You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
1.2 Restrictions
The Services are available only to individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Services only with the consent of your parent or guardian.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, including by closing or disconnecting your account, without notice and without reason.
1.3 Promotional activities
As part of the Services, Popshoplive and our subsidiaries, affiliates, agents, nominees, licensees, successors and assigns, and those acting with our authority (collectively, “Affiliates”) may display the availability of Vendor’s Items on the Popshoplive App. Popshoplive and its Affiliates may also promote Vendor’s Items in various ways, such as on Popshoplive and its Affiliates’ social media channels, websites, online and print advertisements, and blogs.
Vendor understands that:
Popshoplive is not obliged to display Vendor’s shows or Items on the Popshoplive App at all times;
Popshoplive is not obliged to promote Vendor’s Items; and
Popshoplive may remove Items from the App in the circumstances described in this Agreement.
Popshoplive may authorize Vendor to use automated tools that allow Vendor to feature Promotions to Vendor’s customers through the Popshoplive App. Vendor is exclusively responsible for fulfilling and, subject to technical and functional limitations of the automated tools, defining the Promotions (as defined below) offered by Vendor to its customers. Popshoplive, via the Payment Processor (as defined below), may deduct the costs of the Promotions (as defined below) from Vendor’s payment.
1.4 Reporting
As part of the Services, Popshoplive will provide the following information to Vendor:
aggregate information regarding the number of Items and revenue (if applicable) sold by Vendor to Vendor’s customers via the Popshoplive App;
for Items, information regarding the commission and fees paid by Vendor to Popshop;
customer names and shipping addresses; and
information regarding any refunds given to Vendor’s customers where the cost of such refunds was wholly or partially deducted from payments owed to Vendor in the reporting period, including the date of the transaction, the Item ordered, and the reason for the refund.
2 YOUR ACKNOWLEDGEMENTS
You acknowledge and agree that any materials provided to you by Popshoplive in connection with the Popshoplive App and/or Services are Popshop’s confidential and proprietary information. These materials may include information on category, hashtags, and case studies.
You acknowledge and agree that Popshoplive will use various tools from time to time to manage the Services with a view to ensuring the efficient operation of the Services for all participants.
Vendor acknowledges and agrees that Popshoplive does not make any guarantee in relation to the number of Items Vendor will sell via the Popshoplive App or the number, or geographic location, of users of the Popshoplive App that will see Vendor or Vendor’s Items on the Popshoplive App.
3 USER CONTENT & LICENSES
The Services allow Users to post, upload, and/or livestream content such as videos, photos, images, text, graphics, and other materials (collectively, “User Content”). Even if you are not a Vendor, as a Buyer you may have the opportunity to post User Content such as comments, product reviews, or other materials.
You expressly acknowledge and agree that once you submit your User Content for inclusion into the Services, there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available.
You, and not Popshoplive, are entirely responsible for all your User Content that you upload, post, livestream, e-mail, or otherwise transmit via the Services.
Popshoplive is not obligated to publish any User Content on our Services, and we reserve the right to remove any User Content at any time in our sole discretion, with or without notice.
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual, irrevocable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, subject to certain limitations related to Vendor Marks (as defined below).
To the extent any Vendors’ name, trademarks, trade names, service marks, and/or logos (“Vendor Marks”) are published or displayed on the Services as part of its User Content (including, but not limited to, in connection with the sale of its products), the Vendor hereby grants Popshoplive and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to copy, transmit, format, distribute, publicly display, publicly perform, and otherwise use such Vendor Marks solely in connection with our provision of the Services and operation of the Site and the App. Vendors represent and warrant that the Vendor Marks are owned by the Vendor or that the Vendor has all rights necessary to grant us the foregoing license, and that the Vendor Marks, and their use by Popshoplive as permitted herein, do not and will not infringe or misappropriate the intellectual property rights of any third party.
If you submit User Content to us, each such submission constitutes a representation and warranty to Popshoplive that:
you have received all necessary releases and consent from all individuals that appear in the User Content, and
such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that the User Content and its use by Popshoplive and our content partners as permitted by this Agreement does not and will not infringe, misappropriate, or otherwise violate the intellectual property rights, moral rights, or rights of privacy or publicity of any person, or contain any libelous, defamatory, or obscene material or content that violates this Agreement.
You agree to defend, indemnify, and hold us, our Affiliates, and our and their respective owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the representations and warranties in this paragraph.
4 PERSONAL RELEASE
As a Vendor, you understand that Popshoplive wishes to obtain the right to record and use your name, image, picture, photograph, biography, likeness, voice, performance, and/or other personal identification provided by you to Popshoplive, whether as part of your contributed User Content or otherwise (collectively, the “Material”), on videotape, film, or any other audio and/or visual medium for use in connection with promoting Popshoplive, the Services, and Vendor (“Promotion(s)”).
As such, Vendor grants Popshoplive and our Affiliates, the unrestricted, absolute, perpetual, worldwide right to record, reproduce, copy, edit, add to, subtract from, modify, use, reuse, display, perform, exhibit, distribute, transmit, exploit, and/or broadcast the material, without limitation, in and in connection with the Promotion in any manner, in whole or in part, alone or in combination with any other images or videos, in any media now known or hereafter devised. Such use may also include advertising and Promotion in any manner or media in connection with the Promotion.
Vendor agrees that Popshoplive has no obligation to use any of the material, or to exercise any right granted herein, and that Vendor may not enjoin any exploitation of the Promotion as provided above. If Popshoplive uses material for Promotion, Vendor acknowledges that its right to access and use the Services as granted in this Agreement shall be the sole compensation and consideration. Vendor shall not be entitled to any additional compensation hereunder, including, but not limited to, in the event Popshoplive commercializes the material or the Promotion.
Vendor hereby unconditionally and forever releases, indemnifies, and holds harmless Popshoplive and our Affiliates from any and all liability, claims, or actions that arise from use of the material, or that Vendor or Vendor’s heirs, executors, administrators, or assigns may have or claim to have in connection with use of the material as described herein, and Vendor agrees not to sue or bring any proceeding against any of those parties for any claim or cause of action, whether presently known or unknown, including, but not limited to actions for defamation, invasion of Vendor’s rights to privacy, publicity or personality or any similar matter, or based upon or relating to the exercise of any of the rights referred to herein.
5 BUYER PURCHASE TERMS
5.1 Order Acceptance
Buyers may place orders for Vendors’ products through our Services (each, a “Purchase”). The receipt of an order number or an email order confirmation does not constitute Popshop’s or any Vendor’s acceptance of an order or a confirmation of an offer to sell. Vendors and Popshoplive reserve the right to refuse service to any Buyer or cancel an order for any reason.
Verification of information may be required prior to the acceptance of an order.
Prices and availability of products are subject to change without notice.
Buyers agree that by placing an order through the Services, you are entering into a binding contract and agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for paying any taxes that may be applicable to your Purchases. Your total price will include the price of the product(s) plus any applicable sales tax, shipping and handling or other applicable fees.
5.2 Shipping - Risk of Loss
Popshoplive is not liable for any damages (including, without limitation, any incidental or consequential damages) arising from a the failure of a Vendor or any shipping carrier, or a contractor engaged by the Vendor or shipping carrier to deliver or delay in delivering products Purchased through the Services.
Title and risk of loss to the products will pass to Buyer upon delivery by Vendor (or their Dropshipping Services provider) to the shipping carrier.
5.3 Errors
- All descriptions, images, references, features, content, specifications, and prices of products described or depicted on the Services are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. From time to time, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, product prices, Promotions, offers, and availability. Popshoplive and Vendor each reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, or cancel orders, if any information on the Services is inaccurate at any time without prior notice, even after Buyer has received an order confirmation or shipping notification.
The inclusion of any products on the Services does not imply or warrant that these products will be available. Vendors reserve the right to revise their product offerings and/or discontinue products at any time without notice. Vendors and Popshoplive also reserve the right to limit quantities purchased, and to revise, suspend, or terminate an event or Promotion at any time without notice (including after an order has been submitted or acknowledged).
5.4 Payment
Buyers shall pay all applicable purchase prices, Taxes, shipping and handling, processing, and other fees in connection with products purchased in the manner specified on or selected through the Services.
Payment is due immediately upon making a Purchase.
By making a Purchase, Buyer is authorizing our payment processor, Stripe, Inc. (“Payment Processor”), to collect the amounts described in Section 5.4(1).
By using the Services to make Purchases, Buyer agrees to Payment Processor’s Services Agreement available at https://stripe.com/legal/ssa. Popshoplive is not a party to your agreements with Payment Processor and does not act as a payment processor in any respect. Accordingly, Popshoplive is not liable to you for any payment processing or other transactions, or any liability resulting therefrom.
As a condition of using payment processing services through the Payment Processor, you agree to provide Popshoplive and Stripe with accurate and complete information about yourself. You agree that Popshoplive, Stripe, and Vendors may use your’ personal information, including payment data, for purposes of providing payment services in accordance with Popshop’s Privacy Policy.
Do not share your payment card, bank account or other financial information with any other person. We expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.
5.5 User Participation
Popshoplive reserves the right, in our sole and absolute discretion, to deny a User access to the Popshoplive App, including viewing shows, purchasing, and commenting.
Popshoplive and the Vendor at any time can block a User, which will delete all of that User’s comments and mute User’s participation in a show. A User will still be able to view the show.
6 VENDOR TERMS
6.1 Approved Items
Vendor is only allowed to offer an Item for sale via the Popshoplive App if that Item, or category of Items, is approved by Popshop. Items may include those supplied by the Vendor (“Vendor-Supplied Items”) and those supplied by Popshop’s affiliate 24LA, LLC (“24LA-Supplied Items”).
Inappropriate Items include people, animals of any size, items prohibited by law or regulations, tobacco, alcohol (unless otherwise agreed in writing with Popshoplive), graphic sexual content/nudity, endangered species, controlled substances (including CBD), dangerous or unsafe items (such as weapons, explosives, flammables, or other hazardous materials), items subject to product recalls, knockoff, lookalike, fraudulent, or stolen goods, goods that violate the intellectual property or other rights of third parties (including through the unauthorized use of trademarks, trade names, trade dress, images, likenesses or voices of others), products that require restrictions/age limits, sexual wellness, any items purchased by you as a Buyer on another Popshoplive show, or any Items that Vendor does not have permission to sell or ship (each, an “Inappropriate Item”).
Popshoplive may remove Items from the Popshoplive App if the Item is not an approved Item or part of an approved category of Items, is an Inappropriate Item, or if Popshoplive discovers an Item has been approved in error.
6.2 Quantity, Type and Price of Items
Vendor is responsible for determining the quantity and type of Items Vendor makes available via the Services.
Popshoplive may provide information to Vendor regarding predicted customer demand. Vendor is not required to act on this information, and Popshoplive does not make any representation that the predicted customer demand will be met. It is Vendor’s responsibility to assess the predicted customer demand and determine the quantity and type of Items Vendor wishes to make available via the Services.
Vendor is responsible for setting the retail price (“Retail Price”) for each Item that Vendor makes available via the Services.
6.3 Quality of Items
Vendor is responsible for ensuring that Items are appropriate for sale via the Services. This includes ensuring that Vendor’s:
delivery Items are packaged appropriately for delivery (including any additional protection necessary based on the nature of the Item); and
Items meet all requirements under law and this Agreement.
Without limiting Section 6.3(a), Vendor agrees that Vendor is solely responsible for:
determining the criteria that apply to Vendor’s Items, such as any quality, portion, size, materials, and other criteria that apply to Vendor’s Items;
ensuring that Vendor’s meet those criteria when those Items are made available via the Services;
ensuring that the description of Vendor’s Items, and any photographs of Vendor’s Items that Vendor makes available on the Services are (and continue to be) accurate and not misleading and do not contain content that infringes the rights of others;
Popshoplive may remove Items from the Services if Popshoplive, acting reasonably, determines that: (A) the description of the Items, or any photographs of the Items, that Vendor makes available on the Popshoplive App are inaccurate or misleading or violate the rights of third parties; or (B) the Items contain or may contain Inappropriate Items under Section 6.1(b); and
Vendor hereby represents and warrants to Popshoplive and to Buyers that products sold or offered through our Services (i) are and shall be manufactured, packaged, and labelled (including in product descriptions on the Services) in accordance with all applicable federal, state, local, and international laws, rules, and regulations, (ii) are not and will not be adulterated or misbranded, and (iii) shall be free from defects in materials, workmanship, and fabrication. Popshoplive does not make any representations or warranties regarding the products. Vendor further represents and warrants that it will at all times comply with this Agreement and all applicable laws, rules, and regulations.
Popshoplive is not responsible for any descriptions, photographs, assurances of quality or performance of any of Vendor’s Items.
6.4 Vendor User Content, including Product Descriptions
Vendor represents and warrants to Popshoplive that any claims about products made by Vendor or contained in Vendor’s User Content have been substantiated and comply with all applicable laws, rules, and regulations including FTC guidelines and other consumer protection laws and regulations.
Vendor is required to make accurate descriptions of any Items sold or offered through the Services. Any images used in an Item’s description must accurately reflect the goods sold and should not violate the intellectual property or other rights of third parties.
Where applicable, customers must comply with any applicable product labeling requirements, including California’s Proposition 65, which relates to warnings about exposures to chemicals that have been designated by the State of California as carcinogens or reproductive toxins. To see more information to determine if a Vendor’s items must display a warning pursuant to Proposition 65, please visit this California Proposition 65 Web site.
6.5 Orders - Shipping
Orders are placed by Buyers with Popshop. Popshoplive shall receive the order information and the Buyer’s shipping information. Popshoplive shall provide Vendors with shipping labels if the Vendor elects for Popshoplive shipping. When Vendor posts or livestreams User Content, the Vendor may remain open for a period of time following the livestream as determined by Vendor (the “Open Shipping Period”), during which time Buyers may make Purchases using Popshoplive shipping and such purchases may be combined into one shipment.
Vendors are required to use reliable third-party carriers to deliver products to Buyers. Buyers are responsible for the shipping fee listed by the Vendor. Vendors are responsible for paying the actual shipping cost to the carrier. Vendor shall ship all Shop orders directly to Buyers within 5 days of conclusion of the later of: (1) corresponding Vendor live show; and the (2) the expiration of the Open Shipping Period.
Other than the limited information necessary to make shipments, all Buyer information shall be held exclusively by Popshoplive, in accordance with our Privacy Policy, and Vendor shall not have the ability to communicate with Buyers without going through Popshop. Vendor may contact Popshoplive for any questions about the order, and Popshoplive will communicate with the Buyer to provide answers to Vendor if necessary.
Popshoplive strongly urges Vendor to obtain and maintain insurance for Vendor’s shipments. Popshoplive is not liable for any shipment issues.
It is Vendor’s responsibility to print, scan and package so there is no damage. If a package gets lost or a claim needs to be filed, it is Vendor’s responsibility.
6.6 Returns and Refunds
All sales are final, and we do not accept returns or provide refunds, except for defective or incorrect Item(s),which can be returned for a refund subject to Sections 6.6(2) and 6.6(3) below. Vendors or Dropshipping Services providers may offer return or refund policies that provide better terms than provided here but may not provide terms that are worse for the Buyer or that provide additional restrictions beyond those specified here.
As between the Buyer and Vendor, any returns or refunds for defective or incorrect Item(s) shall be at Vendor’s discretion, unless Popshoplive at its reasonable discretion determines that a return, refund, or replacement is required. Vendor is required to cover any costs of return for defective or incorrect items. Vendor may require the Buyer to cover the cost of shipping for returns or exchanges that are not due to defective or incorrect goods. Popshoplive shall not be responsible for any such costs. Popshoplive will facilitate customer service if requested. Popshoplive is unable to accept any product; all orders must be returned to Vendor.
When a refund is due, Popshoplive, via Payment Processor, will apply refunds to Buyers on Vendor’s behalf (or Vendors may provide credits to Buyers if acceptable to Buyers). In circumstances where Vendor may be responsible for the costs of refunds for Items to Vendor’s customers, Vendor agrees that if Popshoplive, acting reasonably, determines that Vendor is responsible for the cost of a refund, Vendor will be responsible for the costs of the refunded Item (or partial costs if only part of the Item was refunded). Popshoplive, via Payment Processor, may deduct these costs from the payment owed to Vendor under this Agreement. If Vendor believes that Popshoplive has deducted the cost of any refund from Vendor in error, Vendor may dispute the deduction by contacting [email protected] and reporting Vendor’s issue. If Vendor disputes a deduction, Popshoplive will consider the dispute reasonably, taking into account any information provided by Vendor about the circumstances related to the refund. Vendor will not be held responsible for the cost of the relevant refund if Popshoplive believes, acting reasonably, that Vendor is not at fault.
6.7 No Circumvention
All Shop orders are passed through Popshoplive, and Popshoplive disseminates to Users only the necessary information for Users to purchase, ship, and receive products, and Popshoplive provides no additional information about any other Users. Neither Vendors nor Buyers may circumvent the Services to transact directly with one another, and we may suspend accounts that we suspect, in our sole discretion, are intentionally circumventing the Services.
6.8 Performance Standards
Popshoplive cares deeply about customer satisfaction. Accordingly, we reserve the right to track and measure Vendors’ use of the Services and performance in accordance with this Agreement. We reserve the right to track order fulfillment, Buyer complaints, shipping times, cancellation/request for return rates and chargebacks, backorder issues, and related logistics and performance issues. These metrics help us determine whether a Vendor is meeting our and our Buyers’ expectations. If we determine, in our sole discretion, that Vendor is not meeting our performance standards, is in violation of this Agreement, or for other reasons, we reserve the right to suspend or remove Vendor’s account from the Services.
6.9 Vendor Conduct
Popshoplive aims to be a safe and productive community for all Users, including Buyers and Vendors, to interact, sell and shop in an inclusive, fun, and safe way. We want our Vendors to be able to express themselves, sell their Items, and interact in the community on Popshoplive in a way that allows Vendors and the wider community to thrive.
Popshoplive takes the safety and trustworthiness of our community and its members seriously, and any attempt to violate or harm other community members, including other sellers and/or their content, is not allowed. Popshoplive reserves the right to suspend or terminate any account, as well as pause and remove any User Content that we deem to negatively impact the community, including our Buyers and other Vendors, whether or not the behavior has been explicitly prohibited.
Your conduct and any content you share on Popshoplive should not:
Break any laws, including all applicable local, national, and international laws or promote or encourage others to do so. This applies to participating in other live shows, your own live shows, any product listings, and any other activity on Popshop.
Contain nudity or depict pornography and/or sexual acts.
Be meant to deceive, intentionally mislead, or intentionally mimic or harm a person, brand, or a product.
Give endorsements or refer to specific artists, persons of interest, or celebrities in any manner, unless you have received an official endorsement from such persons.
Send customers intentionally away from Popshoplive for any commerce related purpose. For example, do not direct Popshoplive viewers to visit your website or another marketplace to buy products at lower prices.
Infringe on other Vendors’ intellectual property (“IP”). Unless you have obtained permission from all relevant parties, do not play music or include images, artwork, or other audiovisual works in your livestreams. The content, brand, and work of other sellers on Popshoplive is their IP and should not be used without their permission.
Be emotionally exploitative, controversial, shocking, or likely to cause your viewers and/or other Vendors’ distress.
Be insensitive to others in the Popshoplive community. For example, do not use phrases that are discriminatory, prejudiced, sexist, or racist or that are biased against another based on their attributes such as their race, ethnicity, national origin, sex, gender identity, gender expression, sexual orientation, religious affiliation, or disabilities . Do not make sexual advances towards other Users.
Bully, threaten, or intentionally damage another member of the community.
Be obscene, defamatory, libelous, abusive, harassing, invasive, or otherwise illicit.
Endanger your personal safety and well-being or the safety and well-being of others, including the release of personal information about other members of the community or threats to do so.
Depict violent or graphic imagery, or encourage, promote, or evoke violent acts.
Do not demonstrate or encourage antisocial or nuisance behaviors.
Make claims about products either express or implied that are not supported (saying a product is brand new when it is really used). Vendor can always provide Vendor’s personal opinion, but any claim that could be taken as facts should be substantiated.
All claims that relate to Vendor’s product characteristics (performance, product specifications (e.g., item dimensions, weight, etc.), and condition) must be accurate.
6.10 Application Programming Interface (API)
If Vendors utilize any Application Programming Interfaces provided by Popshoplive or its affiliates, such Vendors are consenting to the Application Programming Interface Addendum, below.
6.11 Dropshipping Services
If Vendors use Dropshipping Services provided by Popshoplive or any of its affiliates, they agree to the Dropship Terms of Service, found at: https://commentsold.com/terms-dropshipping which shall be incorporated by reference into the terms of these Terms of Service. When a Vendor buys 24LA-Supplied Items through the Dropshipping Services, they are agreeing to purchase those Products from 24LA, LLC, pursuant to the Dropship Buyer Terms of Service.
7 FEES AND PAYMENT
7.1 Payment for Items
If applicable and the Vendor is using PSL Pay (the “PSL Pay Service”), please see the terms outlined in Addendum #1, The PSL Pay Service Addendum, which shall govern payments made through the PSL Pay Service.
Otherwise, the following terms shall apply:
Subject to Section 7.3, our Payment Processor collects payments from Buyers and transfers those payments to Vendors (a “Payout Transaction”) upon confirmation of shipping, less any Fee (and for those who have opted into Popshoplive shipping, less any shipping costs to the carrier above the amounts paid by the Buyer) due to Popshoplive outlined in Section 7.2.
The amounts available for Payout Transactions may be reflected in the Service as the Vendor’s Popshoplive account balance. It is Vendor’s responsibility to ensure that all information provided is accurate for a proper transfer. Popshoplive may be unable to recover money transferred to an improper account based on the information provided by Users. Vendor should review the Payment Processor’s terms and conditions. Vendor will be subject to and must comply with Payment Processor’s terms and conditions.
To receive payment, Vendor must:
share the necessary payment account details with Popshoplive to enable Popshoplive, via Payment Processor (if applicable and required by Popshoplive), to send Vendor payments;
maintain active payment accounts to receive payment for sales, and must provide current, complete, and accurate information for their payment accounts, and promptly update all information to keep such payment account information current, complete, and accurate; and
Vendor must promptly notify us if Vendor becomes aware of a potential breach of security, such as the unauthorized disclosure or use of Vendor’s payment account.
7.2 Fees
In exchange for the Services provided by Popshoplive, as described in this Agreement, Vendor agrees to pay Popshoplive a service fee (collectively, the “Fee”) on each order placed with Vendor via the Services.
Popshoplive will calculate the Fee on each order placed with Vendor via the Services as follows:
A “Commission,” based on the Retail Price of the Item(s) sold by Vendor via the Services (excluding any shipping costs and sales tax) (the “Item Revenue”);multiplied by a percentage;
Any applicable Payment Processing Fees, as may be described in the PSL Pay Services addendum.
Any applicable Dropship Management Fees; and
Any applicable Funds Payout Fees.
7.3 Remittance of Item Payment
Popshoplive, via Payment Processor if applicable, will remit to Vendor the total Item Revenue earned by Vendor, less: (i) the Fee; and (ii) the cost of any refunds given to Buyer on Vendor’s behalf (such final remitted amount being the “Item Payment”); (iii) the cost of any 24LA-Supplied Items.
The Item Payment will be remitted to the Vendor after shipping confirmation is received and, to the extent required by Popshoplive, the Vendor has requested a payout.
7.4 Taxes
In relation to the Items sold by Vendor via the Services:
- Vendor is the ‘retailer’, ‘provider’ or ‘seller’ of all Items for sales tax purposes;
- Vendors are responsible for determining, collecting, reporting, and remitting or paying all applicable Taxes. In some jurisdictions, we may be required to collect, remit and report certain sales Taxes to applicable government agencies with respect to a Vendor’s sales. “Taxes” are certain taxes, duties, levies, tariffs, fines, and fees that may be required by applicable law to be paid, collected and/or remitted to governmental agencies, and other similar municipal provincial or state, federal and or national indirect or other withholding and personal or corporate income taxes.
Vendors are solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the use of the Services, including the Payment Services. We specifically reserve the right to report any activity occurring using the Services as required under applicable law or as deemed appropriate by us.
Our fees are exclusive of any applicable taxes, except as expressly stated to the contrary.
7.5 Auctions
Popshoplive requires that Buyers read, accept, and then follow the below terms and conditions prior to bidding in an auction hosted by a Vendor on Popshop.
Bidder Eligibility: To be eligible to bid on an auction Buyer must have a valid Popshoplive account in good standing, along with an acceptable payment method on file. Buyer must also be compliant with all the terms of this Agreement.
Auction Close: When an auction closes, the highest bidder has won the auction. Vendor is responsible for when to close an auction. When an auction closes, the highest bidder at the time of close has won the auction, and the item is sent to them for purchase.
Buyer’s bid is a contract between Buyer, the bidder, and Vendor. When Buyer bids on an Item during an auction, Buyer enter a contractual agreement to purchase that Item from the Vendor if Buyer entered the winning bid when the Vendor closes the auction. Buyer is the winning bidder if Buyer’s bid is the highest bid and Buyer’s bid is not cancelled or removed by Vendor.
Payment Terms: If Buyer wins an auction by placing the highest bid, Buyer agrees to pay Vendor the amount of Buyer’s winning bid plus any applicable taxes along with shipping or delivery charges.
Vendor Specific Terms: When Buyer enters a livestream with an auction and place a bid, Buyer is agreeing to any specific and additional terms and conditions imposed by Vendor, excluding cases in which any specific Vendor terms would violate any laws or conflict with the Agreement.
All Bids are Final: Once Buyer has entered the auction, placed a bid, and Vendor has confirmed the bid, Buyer’s bid cannot be pulled back, unless the completion of the transaction would violate any applicable laws.
Auction Changes: Vendor reserves the right to add or remove items from the online auction at any time without notice.
Buyers’ failure to comply with these auction policies may result in the Buyer’s account being suspended or terminated.
PART 2 – OWNERSHIP OF MATERIALS, CONFIDENTIALITY AND PRIVACY
This part describes the rights that you and Popshoplive have in relation to materials made available under this Agreement, including the Services provided to you. It also describes what steps you and Popshoplive will take to protect confidential information and your obligations with respect to personal data.
8 INTELLECTUAL PROPERTY
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Popshoplive and our licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
The Services contains material, such as software, text, graphics, images, and other material provided by or on behalf of Popshoplive (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of Popshoplive (the “Popshoplive Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Popshop. Other company, product, and service names located on the Services may be trademarks or service marks owned by third parties (collectively with Popshoplive Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Popshoplive Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
8.3 Feedback
As a registered User of our Services, you may elect to provide us with feedback, comments, and suggestions with respect to our Services (“Feedback”). You agree that Popshoplive will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback without compensation or attribution to you.
8.4 Usage Rights and Restrictions
Subject to the terms and conditions of this Agreement, Popshoplive grants you a limited, non-transferable, non-exclusive, license to access and use the Services solely for your personal purposes. Popshoplive may terminate this license at any time for any reason. Further, when using or accessing the Services, you agree that:
you will not upload, post, e-mail, transmit, or otherwise make available any User Content, including images, text or other items in a product description, that: infringes any copyright, Trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
you will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
you will not access or use the Services to collect any market research for a competing business;
you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
you will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
you will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
you will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
you will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
you will not allow anyone to access and use your account;
you will not resell, distribute, or sublicense the Services or use it for the benefit of anyone other than you or your business;
you will not remove or modify any proprietary markings or restrictive legends placed on the Services; and
you will not introduce, post, or upload to the Services any Harmful Code (as defined below). As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.
Popshoplive reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. You are free to stop using the Services at any time.
PART 3 – ALLOCATION OF RISK
This part describes the representations that you and Popshoplive give to each other and sets out the indemnities provided by each party and the liability of each party.
9 DIGITAL MILLENNIUM COPYRIGHT ACT
- Popshoplive respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Content deemed to have been posted or distributed in violation of any such laws.
- Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Copyright Manager
CommentSold Technologies, LLC.
5473 Blair Road, Suite 100
PMB 95069
Dallas, TX 75231-4101
Email: [email protected] - If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
10 COMMUNICATIONS DECENCY ACT NOTICE
Popshoplive is a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any User Content is limited as described therein. We are not responsible for any User Content. We neither warrant the accuracy of the User Content nor exercise any editorial control over User Content, nor do we assume any legal obligation for editorial control of User Content or liability in connection with User Content, including any responsibility or liability for investigating or verifying the accuracy of any User Content.
11 LIMITATION OF LIABILITY
The Services, and all content and other information on or accessible from or through the Services are provided by Popshoplive on an “as is” and “as available” basis without warranty of any kind, either express or implied. Popshoplive expressly disclaims all warranties, express or implied, regarding the Services, the Content, and all products offered by Vendors through the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy, compliance with laws and regulations, and any warranties arising from course of dealing, course of performance, or usage of trade. Without limiting the generality of the foregoing, Popshoplive does not warrant that: (1) the information on the Services is correct, accurate, or reliable; (2) the functions contained on the Services will be uninterrupted or error-free; or (3) defects will be corrected, or that the Services or the server that make them available is free of viruses or other harmful components.
You understand that Popshoplive does not manufacture, store, or inspect any of the products sold or offered for placement through our Services. We provide the venue for transactions between Buyers and Vendors. The products are produced, listed, sold, and offered directly by Vendors and purchased by the Buyers from the Vendors. Accordingly, Popshoplive cannot and does not make any warranties about their quality, safety, or even their legality. As a buyer, any legal claim related to an Item Buyer purchase through the Services must be brought directly against Vendor of the Item. Buyer hereby releases Popshoplive from any claims related to products provided through our Services, including for defective Items, misrepresentations by Vendors, or Items that caused physical injury or death (product liability claims).
In connection with any warranty, contract, or common law tort claims: (i) we shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Services, the products, or the Content, even if we have been advised of the possibility of such damages; and (ii) any direct damages, not attributable to personal injuries, that you may suffer as a result of your use of the Services or the Content shall be limited to one hundred united states dollars ($100 USD). Popshoplive shall not be liable for direct damages that Buyer may suffer as a result of Buyer’s or any third party’s purchase or use of any Item(s).
Some jurisdictions, including the state of New Jersey, do not allow the exclusion of certain warranties or limitation of certain liabilities. Therefore, some of the above limitations in this section may not apply to certain Buyers where they are prohibited by law.
Nothing in this Agreement shall affect any non-waivable statutory rights that apply to you.
12 INDEMNIFICATION
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Vendors shall indemnify, defend, and hold harmless Popshoplive, our Affiliates, and its and their respective officers, managers, partners, employees, and agents from and against any and all losses, civil penalties, liabilities, damages, judgments, costs, and expenses, including reasonable attorney’s fees and court costs, incurred in connection with any proceeding, claim, or action arising out of or related to:
(i) any alleged defect in or injury from Vendor’s Item(s) or any other products liability claim;
(ii) alleged failure of Vendor or Vendor’s Item(s) to comply with this Agreement or any laws, regulations (including California Proposition 65), warranties, guarantees, or representations of Vendor (including with regard to the rights of a third party);
(iii) the sale, shipment, and use of Vendor’s Item(s);
(iv) disputes with other Vendors and Buyers; and
any (v) misuse of the Services.
Popshoplive reserves the right to select its own counsel and you agree to cooperate with us in the defense of any claims.
13 COMPLIANCE WITH APPLICABLE LAWS.
The Services are based in the United States. Currently, Buyers must have a delivery address in the United States to place a bid or make a Purchase. We make no claims concerning whether the Services are accessible, or whether Content may be downloaded, viewed, or be appropriate for use, or Purchases may be made, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction or those jurisdictions that may have authority over the Items that you sell using the Services or over the Buyers who buy Items from you.
14 CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive web site and service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California.
15 BINDING ARBITRATION.
By accepting services from Pophsop and/or agreeing to the Popshoplive Terms of Service, you are agreeing to the Mutual Arbitration Agreement found in Appendix 4 to this Agreement. As set forth below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
16 CLASS ACTION WAIVER
The Arbitration Agreement also contains a class action waiver that you should read thoroughly.
17 EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in Los Angeles, California for purposes of any such action by us.
18 DISPUTES BETWEEN AND AMONG USERS.
If there is a Dispute between or among Users of the Services, you agree to initiate the Dispute with Popshoplive directly. Popshoplive will take steps to mediate the User Dispute in its sole, reasonable discretion. Popshoplive will keep each party updated as to the status of Disputes by messaging the parties through the accounts on the Service. Notwithstanding Popshop’s good faith efforts, some Disputes may not be resolved in a manner that satisfies all parties. Popshop’s decision with respect to all Disputes is final. In the event that you have a Dispute with one or more other Users, you release Popshoplive, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such Disputes and/or our Services.
19 EXTERNAL SITES
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
PART 4 – GENERAL LEGAL PROVISIONS
This part sets out additional standard provisions that describe how this Agreement operates, the laws that apply to this Agreement, as well as defined terms that have special meaning. Importantly, this section also describes what steps Popshoplive need to take to update this Agreement, as well as your rights if you do not agree with a proposed update.
20 GENERAL PROVISIONS
20.1 Modifications to this Agreement
These Terms of Service are effective as of the last updated date stated at the top. We may change these Terms of Service from time to time. Any such changes will be posted on the Services.
By accessing the Services after we make any such changes to these Terms of Service, you are deemed to have accepted such changes. Please refer back to these Terms of Service on a regular basis.
20.2 Downloading the App
We may make the Services available through the App on the Apple App Store. The following terms apply when you download the App from Apple’s App Store. These terms are in addition to all other terms contained in this Agreement.
You acknowledge and agree that (i) this Agreement is concluded between you and Popshoplive only, and not Apple; and (ii) Popshoplive, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of any of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Popshoplive and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Popshop.
You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between Popshoplive and Apple, Popshoplive, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App against you as a third-party beneficiary thereof.
20.3 General provisions
Except where expressly agreed in this Agreement, each party is responsible for its own expenses and costs in connection with its performance of this Agreement.
Each party is solely responsible for its employees and contractors used in connection with this Agreement.
No failure or delay by Popshoplive in exercising any right or remedy under this Agreement will operate, or be deemed to operate, as a waiver of any such right or remedy.
If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended and the remainder of this Agreement will remain in full force and effect.
This Agreement constitutes the final and complete agreement between you and Popshoplive regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements.
Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of this Agreement.
Terms which by their nature are intended to survive indefinitely shall survive and shall apply to you even if you have canceled your account or stopped using the Services, including, without limitation, the limitations of liability, indemnity, and dispute resolution provisions.
Addendum #1:
PSL Pay Service Addendum
The following terms are a binding agreement between you and Popshoplive and govern your use of the PSL Pay Service. The terms set forth herein constitute an addendum (“Addendum”) to the Agreement, including the Terms of Service, between you and us, and accordingly, the Agreement incorporated herein by reference. Your use of the PSL Pay Service is subject at all times to this Addendum and the Agreement. In the event of a conflict between this Addendum and the other terms of the Agreement, the terms of this Addendum shall prevail with respect to the PSL Pay Service.
a. Payment Processing Through Our Payment Processor
The PSL Pay Service facilitates payments (“Platform Payments”) between you, the Vendor, and your Buyers on the Popshoplive platform. The PSL Pay Service is offered through Popshop’s payment processing partner, Stripe.
In order to use the PSL Pay Service, you must agree to the Stripe Connected Account Agreement , which includes the Stripe Services Agreement.
By agreeing to the terms of this Addendum, you are agreeing to the creation of an account with Stripe and to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as modified by Stripe from time to time.
Popshoplive is not a party to your agreements with Stripe and does not act as a payment processor in any respect. Accordingly, Popshoplive is not liable to you for any payment processing or other transactions, or any liability resulting therefrom.
As a condition of receiving payment processing services through Stripe, you agree to provide Popshoplive and Stripe with accurate and complete information about you and your business, and you authorize Popshoplive and Stripe to share this information and transaction information related to your use of the payment processing services. You must keep all payment information you provide us up-to-date, accurate and complete. You also must agree to provide all necessary notices to and obtain all necessary rights and consents from your customers to allow Popshoplive and its service providers, including Stripe, to share and process the customers’ personal information, including payment data, for purposes of providing services.
Do not share your payment card, bank account or other financial information with any other person. We expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.
Popshoplive may enable you and your customers to make and accept Platform Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make or receive payments with one or more of the payment methods you have authorized in our sole and absolute discretion.
b. Payment Disputes
All requests for Platform Payment chargebacks, errors, claims, refunds and disputes (“Payment Disputes”) related to you, your account, your transaction activity, or your customers, will be subject to review by Popshoplive (either directly or in coordination with Stripe) in accordance with the rules applicable to the payment method used to make the Platform Payment, including the Credit Card dispute terms set forth later on in this Addendum. The handling and resolution of all Payment Disputes will be in Popshop’s absolute discretion. By using the PSL Pay Service, you agree to Popshop’s Payment Dispute mechanisms, which will automatically withhold and/or deduct funds from your account when a Payment Dispute is initiated pending review and resolution of such Payment Dispute, and you authorize us to take such actions in your account with or without notice. Popshoplive is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process your valid written Payment Dispute request within thirty (30) days after we receive it, unless a shorter period is required by law. You may file a response to a Payment Dispute by emailing it to support at [email protected]. If you close or deactivate your Account before we adjudicate a Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Dispute amounts you are owed using the same method the dispute was made, but we cannot guarantee that we will be able to do so if your payment information is inaccurate, incomplete, or has been canceled.
If your actions result, or are likely to result in Payment Disputes, a violation of this Addendum or create other risks to Popshoplive or our payment processing partners, or if we determine that your account has been used by you or others to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) deduct one or more of your Popshoplive accounts (c) offset any amounts you owe us against amounts you may be owed; (d) invoice you for amounts due to us, which such amounts will be due upon receipt; (e) reverse or block any credits to your bank account; or (f) collect payment from you by any other lawful means.
Popshoplive reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payments owed to us or liability incurred by us as a result of your use of our PSL Pay Service. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by Popshoplive or by anyone on its behalf, including but not limited to a third-party collections agent.
c. Additional ACH Authorization
By using the PSL Pay Service, you authorize us (either acting directly or through Stripe on Popshop’s behalf), where applicable, to make Automated Clearing House (“ACH”) withdrawals from your bank account, and to make any inquiries we consider necessary to validate any dispute involving payments to of from you, which may include ordering a credit report and performing other credit checks or verifying the information you provide us against third-party databases. You authorize Popshoplive and/or Stripe to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institution that holds you bank account to deduct such payments. You also authorize the bank that holds your bank account to deduct any such payments in the amounts and frequency designated in your account.
We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys’ fees. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution.
d. Use of the PSL Pay Service
Only businesses (including sole proprietors), bona fide charitable organizations, and other entities or persons located in the United States are eligible to use the PSL Pay Service. To register for a Stripe account, you must provide your business or trade name, physical address, email, phone number, tax identification number, URL, the nature of your business or activities, and certain other information about you, including personal information, that Stripe may require. Nothing in this Addendum shall be interpreted as an assurance that Stripe will authorize your account and enable you to use the PSL Pay Service. Your use of Stripe shall be subject at all times to Stripe’s verification, underwriting, business and regulatory, legal and compliance requirements.
You may only use the PSL Pay Service to facilitate bona fide transactions with your customers on the Popshoplive platform. You may not use the PSL Pay Service to send money to others, to conduct any personal transactions, or for any other purposes prohibited herein.
Only persons aged 18 or older shall be eligible to authorize participation in the PSL Pay Service.
You authorize us to retrieve information about you from our service providers and other third parties, including credit reporting agencies and information bureaus and you authorize and direct such third parties to compile and provide such information to us. You acknowledge that this may include your name, addresses, credit history, and other data about you or your representative. You acknowledge that we may use your information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business. You acknowledge that in some cases, such information may lead to suspension or termination of your account.
Popshoplive is not a bank and we do not accept deposits, provide loans or extend credit.
e. Your Relationship with Your Customers
You may only use the PSL Pay Service for legitimate transactions with your customers. You know your customers better than we do, and you are responsible for your relationship with them. Popshoplive is not responsible for the products or services you publicize or sell, or that your Customers purchase using our services; or if you accept donations, for your communication to your customers of the intended use of such donations. You affirm that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your customers.
In providing our PSL Pay Service to you, we have no way of knowing if any particular purchase, sale, donation, order, or other transaction is accurate or complete, or typical for your business. You are responsible for knowing whether a transaction initiated by your customer is erroneous (such as a Customer purchasing one item when they meant to order another) or suspicious (such as unusual or large purchases, or a request for delivery to a foreign country where this typically does not occur). If you are unsure if a transaction is erroneous or suspicious, you agree to research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction. You are solely responsible for any losses you incur due to erroneous or fraudulent transactions in connection with your use of the PSL Pay Service.
Please keep in mind that you are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. Popshoplive does not and will not insure you against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate buyer but is a fraudulent actor, you will be responsible for any resulting costs, including Payment Disputes and Credit Card Disputes, even if you do not recover the fraudulently purchased product.
It is very important to us that your customers understand the purpose, amount, and conditions of charges or transactions you submit to us. When using the PSL Pay Service you agree to: (i) accurately communicate, and not misrepresent, the nature of the transaction, and the amount of the charge; (ii) provide a receipt that accurately describes each transaction to customers. You also agree to maintain and make available to your customers a fair and neutral return, refund, cancellation, or adjustment policy. You are immediately responsible to us for all refunds and returns of your customers.
f. Credit Card Disputes, Reversals, Customer Refunds, returns
You are immediately responsible to us for all Credit Card Disputes and Reversals or Fines of your customers (as such terms are defined later on in this Addendum), regardless of the reason or timing.
In many but not all cases, you may have the ability to challenge a Credit Card Dispute by submitting evidence to us. We may request additional information to provide to Payment Method Providers (as defined below) to assist you in contesting the Credit Card Dispute, but we cannot guarantee that your challenge will be successful. Payment Method Providers may deny your challenge for any reason they deem appropriate. Where a challenge is entirely or partially successful, your account will be credited with the funds associated with the Charge that is the subject of the Credit Card Dispute (or a portion thereof). You may not submit a new Charge which duplicates a Transaction that is subject to a Credit Card Dispute.
Customers typically raise payment card network Disputes (also known as “chargebacks”) when a merchant fails to provide the product or service to the customer, or where the payment card account holder did not authorize the charge. High Dispute rates (typically those exceeding 1%) may result in your inability to use our services. Failure to timely and effectively manage Credit Card Disputes with your Customers may ultimately result in your inability to accept payment cards for your business.
When you accept payment card transactions, Network Rules specifically prohibit you from (i) providing cash refunds for a charge on a credit card, unless required by law, (ii) initiating a Refund more than five calendar days after issuing a credit to your customer, (iii) accepting cash, its equivalent, or any other item of value for a refund, (iv) submitting what you believe or know to be a fraudulent Charge or a Charge that has not been authorized by the cardholder, (v) submitting a Charge where the transaction has not been completed or the goods or services have not been shipped or provided (except where the cardholder has paid a partial or full prepayment or the cardholder’s consent is obtained for a recurring transaction).
g. Fees and Fines
We provide the PSL Pay Service to you at the rates and for the fees described at the time of sign up and that may change from time to time. The Fees include charges for transactions (such as processing a payment, the “Payment Processing Fee”) and for other events connected with your account (such as handling a disputed charge). We may revise the Fees at any time. However, we will provide you with advance notice before revisions become applicable to you (or any period of notice if it is required by applicable Law).
In addition to the Fees, you are also responsible for any penalties or fines imposed in relation to your account (whether imposed on you or Popshop) by any Payment Method Provider resulting from your use of our PSL Pay Service in a manner not permitted by this Addendum or the Payment Method Provider’s rules and regulations.
Taxes
See Section 7.4, above for provisions related to Taxes.
h. Compliance with Law
You must use all of our Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the PSL Pay Service and to any transactions. If you are uncertain whether a category of business or activity is restricted or have questions about how these restrictions apply to you, please refer to the Restricted Business List available from the United States Office of Foreign Asset Control (OFAC).
You may not use our Services to facilitate illegal transactions or to permit others to use the PSL Pay Service for personal, family or household purposes.
We may refuse, condition, or suspend any transactions that we believe: (i) may violate this Addendum or the Agreement; (ii) are unauthorized, fraudulent or illegal; or (iii) expose you, Popshoplive or others to risks unacceptable to Popshop. If we suspect or know that you are using or have used the PSL Pay Service for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your customers, and transactions made through your use of the PSL Pay Service.
i. Term and Termination
This Addendum is effective upon the date you first access or use the PSL Pay Service and continues until terminated by you or us. If you use the PSL Pay Service again or register for another account, you are consenting to this Addendum. We may terminate this Addendum or close your account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of a Payment Method). We may suspend your account and your ability to access funds in your account, or terminate this Addendum, if (i) we determine in our sole discretion that you are ineligible for the PSL Pay Service because of significant fraud or credit risk, or any other risks associated with your account; (ii) you use the PSL Pay Service in a prohibited manner or otherwise do not comply with any of the provisions of this Addendum; (iii) any law or Payment Method Provider requires us to do so; (iv) we are otherwise entitled to do so under this Addendum; (v) in our sole discretion if we determine your use of our PSL Pay Service poses any harm or risk to us in any way.
Termination does not immediately relieve you of obligations incurred by you under this Addendum. Upon termination, you agree to (i) complete all pending transactions, and (ii) stop accepting new transactions.
Upon termination, you understand and agree that (i) all rights granted to you hereunder will end; (ii) we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the PSL Pay Service, or any termination or suspension of the PSL Pay Service or deletion of your information or account data; and (iv) you are still liable to us for any fees or fines, or other financial obligations incurred by you or through your use of the PSL Pay Service prior to termination.
j. Payment Method Terms Applicable to You
By selecting a particular Payment Method, you are subject to separate terms applicable to the Payment Method. For example, Visa and Mastercard may require you to enter into a separate agreement directly with them. As set forth in the Stripe Services Agreement, the following terms relate to your use of our PSL Pay Service as it relate to you Payment Methods:
“Charge” means a credit or debit instruction to capture funds from an account that a customer maintains with a bank or other financial institution in connection with a Transaction.
“Credit Card Dispute” means an instruction initiated by a Customer for the return of funds for an existing Charge (including a chargeback or dispute on a payment card network; and disputes on the Automated Clearinghouse (ACH) network).
“Fine” means any fines, levies, or other charges imposed by us, a Payment Method Provider caused by your violation of Laws or this Addendum, or as permitted by the applicable Payment Method Rules.
“Payment Method Rules” means the guidelines, bylaws, rules, and regulations imposed by the Payment Method Providers and Payment Method Acquirers that operate Payment Methods supported by Stripe (including the payment card network operating rules (“Network Rules”) for the Visa, Mastercard, Discover and American Express networks; and the operating rules that apply to the ACH network).
“Payment Method” means a type of payment method that Stripe accepts as part of the Payment Processing Services, such as credit card, debit card, and ACH.
“Payment Method Provider” means the provider of a Payment Method, such as Visa, Mastercard, Discover, and American Express, or any financial institution that is authorized by a Payment Method Provider to enable the use of a Payment Method by accepting Charges from customers on behalf of the Payment Method Provider, and routing these Charges to the Payment Method Provider (also known as a “payment method acquirer”).
“Payment Processing Services” are services that you use to accept payments from your customers for transactions, perform other financial transactions, manage subscriptions, and perform transaction reporting.
“Reversal” means an instruction initiated by a Payment Method Provider or us to return funds for an existing Charge. Reversals may result from (i) invalidation of a charge by a Payment Method Provider; (ii) funds settled to you in error or without authorization; and (iii) submission of a Charge in violation of the applicable Payment Method Rules, or where submission of the Charge or your use of the Services violates this Addendum.
k. Settlement and Payout Schedule
All settlement and payout terms and schedules will be subject to the terms set forth in your Stripe Services Agreement Payments will be made pursuant to our policies and schedules in effect at the time of the transaction. Please review our Seller Resource Center for more information.
l. Security Interests, Collection, and Set-Off Rights
To the fullest extent permissible by law:
a. Security Interests: You grant us a lien and security interest in all funds for transactions that you process, including funds that we deposit into your accounts, as well as funds held in any other bank accounts to which such transaction funds are deposited or transferred. This means that if you have not paid funds that you owe to us, your customers, or to any of our affiliates, we have a right to seize or withhold funds owed to you for transactions that we process through the PSL Pay Service, and to debit or withdraw funds from any bank account associated with your account.
b. Collection and Set-Off Rights: You agree to pay all amounts owed to us on demand. Your failure to pay amounts owed to us or to our affiliates under this Addendum is a breach and you will be liable for any costs we incur during collection in addition to the amount you owe. Collection costs may include, attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, any applicable interest, and any other related cost. We may collect any amounts you owe us under this Addendum by deducting or setting-off amounts that you owe from the account balance (or debiting the payout account for such account).
m. Account and Data Security
a. Your Responsibility: You are solely responsible for the security of any customer or business data (“Data”) on your website, your servers, in your possession, or that you are otherwise authorized to access or handle. You will comply with applicable laws and Payment Method Rules when handling or maintaining user Data and personal Data.
b. Security Controls: You are responsible for assessing the security requirements of your business, and selecting and implementing security procedures and controls appropriate to mitigate your exposure to security incidents.
c. Fraud Risk: We have no way of knowing or guaranteeing that you or customers will never become victims of fraud. You are solely responsible for losses you incur from the use of lost or stolen payment credentials or accounts by fraudsters who engage in fraudulent transactions with you or your customers. We are not liable or responsible to you and you waive any right to bring a claim against us for any losses that result from the use of lost or stolen credentials or unauthorized use or modification of your accounts. Further, you will fully reimburse us for any losses we incur that result from the use of lost or stolen credentials or accounts.
Addendum #2:
APPLICATION PROGRAMMING INTERFACE (API)
From time to time, Popshoplive may make available certain Application Programming Interfaces (“APIs”) developed by itself or its affiliates or by third parties (“Third Party APIs”). APIs are included in the definition of Services and subject to the disclaimers and limitations of liability in the Terms of Service.
Such APIs are made available at the discretion of Popshoplive and such third parties. APIs may be modified or discontinued at any time. Any use is subject to the terms of any available documentation (the “API Documentation”). Use of Third Party APIs is subject to the terms of any terms or policies provided by such third parties.
You agree to use the APIs only for the purpose of using the Services and agree not to provide competitive services.
You agree not to:
– copy, modify, or create derivative works of the APIs, in whole or in part
– rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the APIs;
– reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the API, in whole or in part;
– remove any proprietary notices from the API;
– use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
– combine or integrate the API with any software, technology, services, or materials not authorized by Company;
– design or permit Your Applications to disable, override, or otherwise interfere with any Company-implemented communications to end users, consent screens, user settings, alerts, warning, or the like;
– use the API in any of Your Applications to replicate or attempt to replace the user experience of the Company Offering; or
– attempt to cloak or conceal your identity or the identity of Your Applications when requesting authorization to use the API.
Collection and Use of Your Information. We or providers of Third Party APIs may collect certain information through the API in the course of delivering services through them. By accessing, using, and providing information to or through the APIs, you consent to our or our third-party partners’ use of your information in compliance with the then-current version of our privacy policy and any third-party service providers.
Addendum #3:
Creator Program Terms of Service
These terms apply to those individuals or entities who participate in our Creator Program (“Creators”).
Acceptance of these Creator Terms of Service. These Creator Program Terms of Service (the “Creator Terms”) are entered into by and between the Creator) and 24LA, LLC (an affiliate of Popshoplive that shall hereinafter referred to as “24LA” or the “Company,”). 24LA collectively with Popshoplive shall henceforth be referred to as the “24LA Properties.” The following provisions, together with any other applicable policies and terms that govern your participation in the Creator Program shall collectively govern your participation in the Creator Program offered by 24LA.
The following additional terms (together with the Popshoplive Terms of Service, the “Applicable Terms”) apply:
- If you use CommentSold Core services, you are subject to the CommentSold Merchant Agreement Terms of Service, found at: https://commentsold.com/terms
- If you license CommentSold Core, Videeo, or Videeo for Shopify services via an Order Form, you are subject to the CommentSold Main Services Agreement, found at: https://commentsold.com/legal/main-terms, and the Software Services Terms, found at: https://commentsold.com/legal/software-terms.
Please read these Creator Terms carefully before you join the Creator Program. By participating in the Creator Program, you accept and agree to be bound and abide by these Creator Program Terms of Service, the Applicable Terms, and all addenda and exhibits thereto, including without limitation, Addendum #4 (the Mutual Arbitration Agreement) to the Popshoplive Terms of Service. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed in the Applicable Terms. Except as expressly set forth in these Creator Terms, all other terms, conditions and obligations of the Applicable Terms remain wholly unchanged and in full force and effect. In the event of a conflict between the terms of the Applicable Terms and the terms of the Creator Terms, the terms of the Creator Terms shall prevail but solely with respect to the provisions of the Creator Terms.
Changes to the Creator Terms. We may revise and update these Creator Terms from time to time in our sole discretion by notifying you by email at the address provided by you. All changes are effective immediately when we post them and apply to all access and participation in the Creator Program thereafter. Your continued participation in the Creator Program following the posting of revised Creator Terms means that you accept and agree to the changes. You are expected to check the Creator Terms and the Applicable Terms frequently so you are aware of any changes, as they are binding on you.
Creator Obligations. During the Term, you understand and agree to comply with the following requirements:
Broadcasting Schedule. You must notify 24LA of your intention of going live, with the dates and the time you will begin broadcasting, for the upcoming week(s) with a minimum of one (1) week prior notice.
Location for Broadcasting.
- You agree to broadcast your live-selling and other sponsored shows from the Santa Monica Studio or other location that meets industry accepted standards, including your own home or studio (or other locations that are not the Santa Monica Studio), so long as you obtain prior consent of 24LA. Your Creator Platform Fee gives you access to our Santa Monica Studio.
- You understand that the 24LA Properties may decline to approve a location, in its sole discretion.
Other Obligations. You understand and agree that, while participating in the Creator Program, you are not to directly, or indirectly, promote any competitors to the 24LA Properties, or other creators that utilize other live-selling platforms competing with 24LA Properties.
Social Media Posts. During the Term, you agree to publish social media posts (“Posts”) on your personal social media profiles (including but not limited to: Twitter, Instagram, TikTok and Facebook) about the Creator Program or other offerings by the 24LA Properties, in your discretion, subject to the terms of your Agreement. We will provide you with background materials, so you can create Posts (to be approved by us) that promote the Creator Program and the 24LA Properties. All Posts will meet the following requirements:
- Your Posts must comply with the Federal Trade Commission’s (the “FTC”) Guides Concerning Endorsements and Testimonials (“Endorsement Guides”), for which we provide you a link in Exhibit A. You must clearly and conspicuously disclose your “material connection” with us, making it clear that you are a paid creator. You must place the disclosure in plain sight in close proximity to any audio or visual communications that you make about us, our brands, our products, and services. We require this disclosure regardless of any space limitations of the platform (like Twitter), where you can use hashtags for the disclosure (like #ad or #sponsored).
- Your Posts should only include factual statements about the 24LA Properties and our commercial offerings which you know for certain are true and 24LA can prove or verify.
- Your Posts will not include the intellectual property of other parties, including any third-party music, photographs, artwork, trademarks, logos, or slogans without the express written permission of the owner and authorized licensor and all such use must be approved by 24LA and in compliance with the terms of use of such licensor or owner.
- Your Posts will not include any person, or personally identifiable information about anyone, other than you unless you receive our prior approval.
- Your Posts will comply with the rules of the applicable social media platforms.
- Your Posts will comply with our standards of conduct set out in Exhibit A to these Creator Terms and any other policies we provide you.
Fees, Payment, and Payouts. You understand and agree that pursuant to your participation in the Creator Program, there are certain beneficial payouts you will receive and fees you are obligated to pay.
Creator Merchandise Sale Payouts. You will receive payments for merchandise sales under the Creator Program, which shall be calculated according to the following: (x) “24LA Dropship Margins” (defined as gross item price of all products sold less discounts, credits, promotions, refunds and returns, any chargebacks and disputes (if applicable), product costs, and Popshoplive commission and payment processing fees) for all dropship orders sold by you on Popshoplive minus (y) “24LA Dropship Management Fees” which shall be calculated as 5% of the gross item price of each Dropship item sold (before discounts) and is billed per order. This fee is for services including but not limited to dropship product procurement, merchandising, product return management, and customer service.
Creator Merchandise Sale Payout Mechanism. The following payout mechanisms and frequencies shall be determined at 24LA’s sole discretion and may be subject to change, upon prior notice to you. Subject to the Creator’s satisfactory completion of onboarding requirements through 24LA’s designated third-party payment software, payouts will be made via ACH directly to a Creator’s bank account. Payouts occur once a week and are paid two weeks in arrears, upon the placement and fulfillment of a given order. For further clarity, all orders placed during Monday-Sunday of a given week (week 1) would be eligible for payout on the Tuesday of week 3 to the extent such orders have been fulfilled. Any orders not yet fulfilled in a given week would be eligible for payout in a subsequent week upon fulfillment. Notwithstanding any of the foregoing, to account for potential refunds, returns, disputes and chargebacks, 10% of the total potential Creator Merchandise Sale Payout amount shall initially be held back and then released thirty (30) days after the order date and included on the subsequent weekly payout; provided that the holdback amount and duration is subject to change from time to time as determined solely by 24LA, upon prior notice to you.
Creator Platform Fees. You understand that Popshoplive may implement a monthly platform management fee (the (“Creator Platform Fee”). In the event that Popshoplive intends to implement the Creator Platform Fee, we will give you 30 days written notice before doing so.
Ownership; Grant of Rights.
- The 24LA Properties are and will be the sole and exclusive owner of all right, title, and interest in and to the use of our technology. 24LA Properties hereby grants you a limited, non-exclusive, royalty-free, non-transferable, non-assignable, non-sublicensable, revocable right and permission to use 24LA Properties’ name, logo, and trademarks solely as necessary to produce Posts, and only in the format approved by 24LA Properties without alteration by you.
- You hereby (a) irrevocably and in perpetuity, throughout the universe, grant 24LA Properties a license and right to use, alter, combine, and reuse your Posts for commercial or noncommercial purposes, which among other things gives 24LA Properties the right to use your Posts, in whole or part, as original or altered or combined with other content, on its social media, marketing, or other advertising materials; and (b) irrevocably waive any and all claims you may now or hereafter have in any jurisdiction to so-called “moral rights” or other rights of attribution with respect to the Posts. You understand and agree that Posts may be shared by consumers or third parties, and that 24LA Properties does not control, and is not responsible, for such third party use (including any alteration thereto).
Use of Your Name, Likeness, and Information. You hereby grant to the 24LA Properties, and each of their respective direct and indirect successors, licensees, and assigns, the right to use your name, image, likeness, and biographical, professional, and other identifying information (including information you provide to us and any other information about you that is publicly available)/provided by you from time to time (collectively, “Likeness”) in connection with the Creator Program, the Posts, and any derivative works we make from the Posts, including to advertise and promote the same or anything that features or includes work products or a derivative work of the Creator Program, in whole or in part. You waive the right to inspect or approve any use of your Likeness as contemplated in these Creator Terms.
Confidentiality. You understand that you may be exposed to information about the 24LA Properties, the Creator Program, our products, services, and ideas that may not have been disclosed to the public (collectively, the “Confidential Information”). You agree to maintain the confidentiality of all Confidential Information disclosed to you (or which otherwise becomes available to you) in connection with your participation in the Creator Program and will hold all Confidential Information in strict confidence. You further agree to refrain from disclosing or using Confidential Information for any purpose other than participating in the Creator Program. The obligation to maintain the confidentiality of Confidential Information shall survive termination and continue for two (2) years thereafter.
Non-Disparagement. You further understand and agree that you will not make any knowingly or recklessly false or misleading public or private statements concerning any of the 24LA Properties, any events, marketing campaign, or any product or service in any way associated with the 24LA Properties.
Representations and Warranties. By providing the Posts to us, you represent and warrant that the Posts:
- Contain your original work;
- have not been, and prior to our publication of them will not be, published or otherwise made publicly available, in whole or in part;
- are not libelous or otherwise defamatory; and
- do not, and our use or them will not, infringe or otherwise violate any right of any third party, including any copyright, trademark, patent, trade secret, or other intellectual property right, or any right of publicity or privacy.
You further represent and warrant that you will comply with all applicable laws in your provision of services and deliverables under this Agreement.
Indemnification. You agree to indemnify, defend, and hold harmless the 24LA Properties and our parents, subsidiaries, affiliates and their officers, directors, shareholders, employees, members, and agents, from and against any claims, demands, judgments, damages, liabilities, settlements, losses, taxes, fines, penalties, costs, and expenses, including attorneys’ fees and disbursements (collectively, a “Claim”), arising from, or relating to: (i) any breach by you of your representations, warranties, or other obligations hereunder; (ii) 24LA Properties’ use of your Posts; (iii) the services or deliverables hereunder; (iv) your negligent or intentional acts or omissions. 24LA Properties agrees to indemnify, defend, and hold harmless you for Claims arising from, or relating to: (iv) 24LA Properties’ breach of its representations, warranties, or other obligations hereunder; or (v) its unauthorized use of your Posts. The indemnifying party will not settle or compromise any Claim, or consent to the entry of any judgment, without written consent of the indemnified party, which will not be unreasonably withheld. The indemnified party will reasonably cooperate with the indemnifying party in the defense of a Claim. Either party shall provide the other party with prompt written notice of a Claim.
Non-Interference. During the Term of your participation in the Creator Program, and for a period of one (1) year thereafter, you agree not to solicit or induce any creators, influencers, clients, employees, or independent contractors of the 24LA Properties to terminate or breach an employment, contractual, or other relationship with any of the 24LA Properties.
Termination. You may terminate your participation in the Creator Program if we commit a material breach of these Creator Terms and fail to cure the breach within 30 days of receiving notice of the breach from you. We may terminate your participation in the Creator Program immediately on written notice to you if you materially breach these Creator
Terms. 24LA may terminate your participation in the Creator Program immediately on written notice to you for any reason. You may terminate your participation in the Creator Program for any reason upon thirty (30) days written notice to 24LA.
Relationship of the Parties. You understand that you are an independent contractor of 24LA, and your Agreement does not create any association, partnership, joint venture, employee, or agency relationship between you and us for any purpose. You have no authority (and will not hold yourself out as having authority) to bind any of the 24LA Properties and will not make any agreements or representations on our behalf without our prior written consent. We are not responsible for withholding or paying any income, payroll, Social Security, or other taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on your behalf. You are solely responsible for all such taxes and contributions, including penalties and interest. You are not eligible under this Agreement to participate in any of our employee benefits, such as time off, medical, profit sharing, or retirement benefits. As an independent contractor, you further represent and warrant: you possess the skills and resources needed to perform the services and complete the deliverables hereunder, without training from 24LA Properties; you provide the tools and equipment necessary to complete services; you are customarily engaged in your own independent trade, business, or occupation; you are responsible for your profit and loss; you regularly hold yourself out to provide such services to other companies and/or the public; you decide when and how often to offer services in your business, including under this Agreement; you are free to accept or reject opportunities to provide your services, subject to completing any services or deliverables to which you commit.
Miscellaneous.
- This Agreement is personal to you. You will not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of your obligations or performance, under this Agreement. Any attempt to assign, delegate, or transfer in violation of this paragraph is void. 24LA may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement. This Agreement is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.
- This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby.
- If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement contains the entire Agreement between you and24LA and supersedes any oral or written statements made by or to you in connection with the Creator Program. This Agreement may not be modified except by a written Agreement that is signed by an authorized representative of 24LA Properties.
- The Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof, and may not be modified except as agreed to in writing and signed by both Parties.
Arbitration. In order to participate in the Creator Program, you must also agree to the Mutual Arbitration Agreement, provided as Addendum 4 to the Popshoplive Terms of Service. You should read the Mutual Arbitration Agreement carefully as it may affect your rights.
Addendum #4:
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Application of this Arbitration Agreement and Class Action Waiver (the “Arbitration Agreement”). This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and evidences a transaction involving commerce. Contractor (sometimes also referred to as “you” or “your”) and 24LA, LLC or one of its affiliates, subsidiaries, or parent companies (“the Company”) specifically acknowledge and agree that nothing in this Arbitration Agreement, including without limitation, referencing the types of claims covered by this Arbitration Agreement, is intended in any way to create an employment relationship or imply that Contractor is an employee of the Company. Contractor acknowledges, agrees and represents that no employment relationship exists between Contractor and Company. Contractor is a professional that provides services to the Company as an independent contractor and/or as an employee of a contractor, staffing agency, or professional employer organization.
Except as it otherwise provides, this Arbitration Agreement applies to any dispute arising out of or related to Contractor’s relationship and performance and/or termination and/or work services with the Company and/or any type of claim arising out of an alleged employment relationship. Except as otherwise provided in this Arbitration Agreement, the Parties voluntarily acknowledge this Arbitration Agreement applies to any dispute, past, present, or future, the Company may have against you or you may have against: (1) Company; (2) its officers, directors, principals, shareholders, members, owners, employees, or agents; (3) Company’s benefit plans or the plan’s sponsors, fiduciaries, administrators, affiliates, or agents; and (4) all successors and assigns of any of them. Each and all of the entities or individuals listed in (1) through (4) of the preceding sentence can enforce this Arbitration Agreement. All disputes covered by this Arbitration Agreement will be decided by a single arbitrator through final and binding arbitration and not by way of court or jury trial.
Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration, including without limitation, disputes arising out of or relating to the application for employment, background checks, privacy, employment relationship, or the termination of that relationship (including post-employment defamation or retaliation), trade secrets, unfair competition, breach of contract (express or implied), compensation, classification, minimum wage, expense reimbursement, overtime, breaks and rest periods, or retaliation, discrimination, or harassment and claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Civil Rights Act of 1964, 42 U.S.C. § 1981, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, Civil Rights Act of 1991, 8 U.S.C. § 1324b (unfair immigration related practices), 41 U.S.C. § 4712, Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers’ Benefit Protection Act, Occupational Safety and Health Act, Family and Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Consolidated Omnibus Budget Reconciliation Act of 1985, the False Claims Act, and state statutes or regulations, if any, addressing the same or similar subject matters, and all other federal or state legal claims (including without limitation torts or common law actions) arising out of or relating to your application, selection, employment, or the termination of work services. Additionally, any claims or disputes regarding Your work and/or alleged employment status with Company, including without limitation any claims that a Contractor should be classified as an employee of Company is arbitrable and covered under this Arbitration Agreement.
The Arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability, or waiver of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence does not apply to the Class and Collective Action Waivers or California Private Attorneys General Act Individual Action Requirement below. Notwithstanding any other language in this Arbitration Agreement and/or any rules or procedures that might otherwise apply by virtue of this Arbitration Agreement (including without limitation the JAMS Rules discussed below) or any amendments and/or modifications to those rules, any claim that the all or part of the Class and Collective Action Waivers or California Private Attorneys General Act Individual Action Requirement are unenforceable, inapplicable, unconscionable, or void or voidable, will be determined only by a court of competent jurisdiction and not by an Arbitrator.
- Limitations On How This Arbitration Agreement Applies. The following claims are not covered under this Arbitration Agreement: (i) Workers’ Compensation benefits, state disability insurance benefits or unemployment insurance benefits; however, the Arbitration Agreement applies to discrimination or retaliation claims based upon seeking such benefits; and (ii) disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement. If any claim(s) not covered under this Arbitration Agreement above are combined with claims that are covered under this Arbitration Agreement, to the maximum extent allowed under applicable law, the covered claims will be arbitrated and continue to be covered under this Arbitration Agreement.
This Arbitration Agreement also does not apply to claims between you and the Company pending in a state or federal court or arbitration as of the date of your receipt of this Arbitration Agreement (“pending claim”). However, if the pending claim is subject to a prior or existing agreement to arbitrate, that agreement will remain in full force and effect and continue to apply to the pending claim.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with a government agency including, without limitation, the Equal Employment Opportunity Commission, U.S. Department of Labor, National Labor Relations Board, Occupational Safety and Health Administration, or law enforcement authorities. Nothing in this Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. The Company will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. This Arbitration Agreement also does not prevent or prohibit you in any way from reporting, communicating about, or disclosing claims for discrimination, harassment, retaliation, or sexual abuse.
A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed a waiver of this Arbitration Agreement to arbitrate. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.
- Arbitration Procedures and Selection. Unless you and the Company mutually agree otherwise, the Arbitrator shall be an attorney experienced in arbitrating employment law disputes and licensed to practice law in the state in which the arbitration is convened or a retired federal or state judicial officer from any jurisdiction. The location of the arbitration proceeding shall take place in the same county and state where you last worked for the Company, unless each party to the arbitration agrees in writing otherwise.
The arbitration will be administered by JAMS, and except as provided in this Arbitration Agreement, will be under the then current JAMS Comprehensive Rules and Procedures (“JAMS Rules”), which are available through Human Resources or via the internet at https://www.jamsadr.com/adr-rules-procedures/ or by using a service such as www.google.com to search for “JAMS Comprehensive Rules and Procedures;” provided, however, that if there is a conflict between the JAMS Rules and this Arbitration Agreement, this Arbitration Agreement shall govern.
The parties shall attempt to mutually choose an Arbitrator, but in the event the parties do not mutually choose an arbitrator, the Arbitrator will be selected pursuant to the JAMS Rules as follows: JAMS will give each party a list of nine (9) arbitrators (who are subject to the qualifications listed in the preceding paragraph) drawn from its panel of arbitrators. Each party will have ten (10) calendar days to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all Parties, that individual will be designated as the Arbitrator. If more than one common name remains on the lists of all Parties, the Parties will strike names alternately from the list of common names by telephone conference administered by JAMS with the party to strike first to be determined by a coin toss conducted by JAMS until only one remains. If no common name remains on the lists of all Parties, JAMS will furnish an additional list of nine (9) arbitrators from which the Parties will strike alternately by telephone conference administered by JAMS with the party to strike first to be determined by a coin toss conducted by JAMS until only one name remains. That person will be designated as the Arbitrator. If the individual selected cannot serve, JAMS will issue another list of nine (9) arbitrators and repeat the alternate striking selection process. If for any reason JAMS will not administer the arbitration consistent with this Arbitration Agreement, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral Arbitrator.
The Arbitrator may award any remedy to which a party is entitled under applicable law, and remedies will be limited to those that would be available to a party in his or her individual capacity for the claims presented to the Arbitrator, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The Arbitrator shall apply the substantive federal, state, or local law applicable to the claims asserted. Either party may file dispositive motions including, without limitation, a motion to dismiss and/or a motion for summary judgment, and the Arbitrator will apply the standards governing such motions under the Federal Rules of Civil Procedure. A party may make an offer of judgment in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure.
- Starting The Arbitration. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first-class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to the Company shall be provided to the Chief Legal Officer of 24LA at [email protected]. You will be given notice of any demand for arbitration by the Company at the last home address you provided to the Company. The demand for arbitration must be signed by the party making the demand for arbitration. The Arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
- Class and Collective Action Waivers. The Company and you agree to bring any claim on an individual basis and not as a class or collective action. Accordingly,
(a) There will be no right or authority for any dispute to be brought, heard or arbitrated as a class action and the Arbitrator will have no authority to hear or preside over any such claim (“Class Action Waiver”). The Class Action Waiver shall be severable from this Arbitration Agreement if there is a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the class action must be litigated in a civil court of competent jurisdiction – not in arbitration.
(b) There will be no right or authority for any dispute to be brought, heard or arbitrated as a collective action and the Arbitrator will have no authority to hear or preside over any such claim (“Collective Action Waiver”). The Collective Action Waiver shall be severable from this Arbitration Agreement if there is a final judicial determination that the Collective Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the collective action must be litigated in a civil court of competent jurisdiction – not in arbitration.
- California Private Attorneys General Act (“PAGA”) Individual Action Requirement. The Company and you agree to arbitrate PAGA claims on an individual basis only. Therefore, any claim by you under PAGA to recover unpaid wages, civil penalties, or any other individual relief must be arbitrated under this Arbitration Agreement. The Company and you also agree that your non-individual PAGA claims will be stayed and you will not pursue any non-individual PAGA claims in Court until after the Arbitrator makes a final determination as to your status as “aggrieved,” and, then, only if the determination is that you were “aggrieved”; the Arbitrator, and not any court, will determine your alleged status as “an aggrieved employee.” The Arbitrator is without authority to preside over any PAGA claim by you on behalf of any other person or joined by or consolidated with another person’s PAGA claim. This PAGA Individual Action Requirement clause will be severable from this Arbitration Agreement if there is a final judicial determination that it is invalid, unenforceable, unconscionable, void, or voidable. In such a case, the PAGA action must be litigated in a civil court of competent jurisdiction—not in arbitration—but the part of the PAGA Individual Action Requirement that is enforceable will be enforced in arbitration.
- Discovery and Subpoenas. Each party may take the deposition of two individual fact witnesses and any expert witness designated by another party. Each party may also propound ten (10) interrogatories, ten (10) requests for admission, and requests for production of documents, and each party may subpoena witnesses and documents for discovery or the arbitration hearing, including testimony and documents relevant to the case from third parties. The subpoena shall be issued in accordance with any applicable state or federal law. Additional discovery may be conducted by mutual stipulation, and the Arbitrator will have exclusive authority to entertain requests for additional discovery, and to grant or deny such requests based on the circumstances of a particular case. The Arbitrator will have exclusive authority to resolve discovery disputes.
- Paying For The Arbitration. You and the Company shall follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. After you pay your portion of any initial filing fee, the Company shall pay any remaining portion of the initial fee and also will pay all costs and expenses unique to arbitration including, without limitation, the arbitrator’s fees. Each party will pay for its own costs and attorneys’ fees, if any, but if any party prevails on a claim which affords the prevailing party attorneys’ fees, the Arbitrator is authorized to award reasonable fees to the prevailing party as provided by law. The Arbitrator will resolve any disputes regarding costs/fees associated with arbitration.
- The Arbitration Hearing And Award. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
- Non-Retaliation. It is against Company policy for any Contractor to be subject to retaliation if he or she exercises his or her right to assert claims under this Arbitration Agreement. If you believe that you have been retaliated against by anyone at the Company, you should immediately report this to the Chief Legal Officer at [email protected].
- Enforcement Of This Arbitration Agreement. You have the right to consult with counsel of your choice concerning this Arbitration Agreement or any aspect of the arbitration proceeding. Further, if there is a conflict between this Arbitration Agreement and any other Company contract, including, without limitation, any restrictive covenant agreement, regarding any issue related to arbitration, this Arbitration Agreement shall govern. This Arbitration Agreement is the full and complete agreement about arbitration of disputes covered by this Arbitration Agreement. Any contractual disclaimers the Company has in any handbooks, other agreements, or policies do not apply to this Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship and work services and the expiration of any benefit, and it will continue to apply upon your transfer to any parent, subsidiary or affiliate of the Company or re-engagement by the Company if your relationship is ended but later renewed. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable to the maximum extent permitted by law.
YOU AGREE THAT ELECTRONICALLY ACCEPTING THE TERMS OF THE Popshoplive TERMS OF SERVICE OR THIS ARBITRATION AGREEMENT BY MEANS OF CLICKING A CHECKBOX, CLICKING “I AGREE,” OR OTHERWISE INDICATING YOUR ACCEPTANCE VIA ELECTRONIC MEANS DEMONSTRATES YOUR ACCEPTANCE OF THIS ARBITRATION AGREEMENT. YOU FURTHER UNDERSTAND THAT YOUR ACCEPTANCE VIA ELECTRONIC MEANS IS AS LEGALLY BINDING AS AN INK SIGNATURE. BY INDICATING YOUR ACCEPTANCE VIA ELECTRONIC MEANS, YOU ARE ACKNOWLEDGING YOU HAVE READ, REVIEWED, AND AGREE TO THIS MUTUAL ARBITRATION AGREEMENT.
Exhibit A: Standards of Conduct
With respect to promotional messages, photos, or other communications made on social media platforms about 24LA and its affiliates, all creators must adhere to the following standards:
- You must comply with the Federal Trade Commission’s (the “FTC”) Guides Concerning Endorsements and Testimonials (https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255), including making:
- statements that reflect your honest beliefs, opinions, and experiences; and
- clear and conspicuous disclosure about your connection to us in all of your posts.
- To better understand your responsibilities under the Endorsement Guides, you must review:
- The FTC’s Endorsement Guides: What People Are Asking (https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking).
- FTC: The Do’s and Don’ts for Social Media Influencers (https://www.ftc.gov/news-events/news/press-releases/2017/09/csgo-lotto-owners-settle-ftcs-first-ever-complaint-against-individual-social-media-influencers).
- FTC: Disclosures 101 for Social Media Influencers (https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers).
- FTC: Do you endorse things on social media? (https://www.ftc.gov/media/71405).
- You may not:
- make deceptive or misleading claims about the 24LA Properties;
- make any claims about our products or services or our competitors’ products or services that are not backed up by evidence;
- disclose any of our confidential information;
- disparage the 24LA Properties or our brands, products, and services;
- engage in any communication that is defamatory or infringes upon the copyright, trademark, privacy, publicity, or other intellectual property rights of others;
- offer for sale or solicit products on behalf of the 24LA Properties;
- make offensive comments that have the purpose or effect of creating an intimidating or hostile environment;
- post content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- use ethnic slurs, personal insults, obscenity, or other offensive language; and
- make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving the 24LA Properties ‘s consumers or other individuals.
- You must adhere to:
- the posted policies, guidelines, and terms of use on any platform on which you post content on behalf of the 24LA Properties, understanding that any these platforms’ disclosure requirements about your connection to us do not necessarily satisfy FTC disclosure requirements; and
- any additional guidelines provided by the 24LA Properties such as [product/service/brand]-specific program requirements and our Social Media Endorsement Policy.
- You must not create fake followers or engagement on social media platforms, such as:
- buying followers;
- using bots to grow audience size by automating account creation, following, commenting, and liking; or
- post fake sponsored content.
- 24LA Properties reserves the right to request that you take down any Post or other content and you will promptly comply with that request.
- Your Posts should be authentic, and in doing so they must meet the highest professional standards and contribute to the goals of the Creator Program. Your Posts shall:
- Only include honest expressions of your actual personal opinions, findings, beliefs and/or experiences.
- Represent only your own opinions, and not represent that your opinions are those of 24LA Properties.
Your Posts shall NOT:
- Include content related to narcotics use or abuse of prescription drugs, alcohol, or other controlled substances.
- Promote an unsafe environment, state, or actions.
- Include comments that are illegal, or to a reasonable person may be interpreted as, harassing, discriminatory, insulting, inflammatory, obscene, an invasion of privacy, or defamatory.
- Use profanity, or alternate characters or abbreviations that represent profanity.
- Promote illegal activities.
- Reference 24LA Properties’ competitors.
11. Your Posts should accurately represent the 24LA Properties experience.
