Curating the collection of collections Show Off Your Cool Stuff

Terms and Conditions of use

PopGrotto.com is provided by PopGrotto, LLC and/or its affiliates (collectively "PopGrotto", "we", "our", or "us"). These "Terms and Conditions of Use" (collectively, this "User Agreement") govern your use of this Website, regardless of how you access or use PopGrotto.com. By "Website," we mean PopGrotto.com, the Internet domain address within which this User Agreement is posted and all features, applications, content and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement, and Mobile Apps or Apps (defined below). By “Mobile Apps” and “Apps,” we mean our products and services that we make available via mobile telecommunication platforms and/or through social networking platforms or app stores.

PopGrotto.com is Only a Venue. PopGrotto.com acts as an online environment for fans, collectors and friends to celebrate their lifestyles, and personal collections of memorabilia and interact with other like-minded pop culture aficionados (collectively, “Users”). PopGrotto is solely an intermediary between Users and does not buy, sell or distribute any products or services. PopGrotto is not involved in any transactions between Users, and has no responsibility or liability with respect to any part of Users’ transactions or any issues related directly or indirectly to any such transactions. PopGrotto is not liable for any acts or omissions of any User.

PopGrotto is the place to Immortalize It! TM your collections, Make immortalize it! TM count, Show them off via Popgrotto services for collectors!

IMPORTANT!! PLEASE READ:

IF YOU'RE UNDER THE AGE OF MAJORITY (which is 18-years old in most states), then your parent or guardian may be liable for some or all of your activities on PopGrotto.com. Because of this, and because it is prudent for your parent or guardian to be aware of your activities, including the Internet sites that you visit, you should make your parent or guardian aware that you are using this Website – as this User Agreement and your use of this Website affect their legal rights and obligations.

IF YOU WANT TO USE PopGrotto.com , then carefully read this User Agreement, as it constitutes a written agreement between you and PopGrotto and it affects your legal rights and obligations.

  • Each time you access and/or use PopGrotto.com (other than to simply read this User Agreement), you agree to be bound by and comply with all of the terms of this User Agreement and any Additional Terms (defined below). Therefore, do not use this Website if you do not agree to all of the terms of this User Agreement and any Additional Terms.
  • Without the limitations that are set forth in this User Agreement – such as your grants and waivers of rights, the limitations on our liability, and your indemnity of us – PopGrotto would not make PopGrotto.com available to you.

Summary of Key Terms

  • It is very important that you read this entire User Agreement, but, here are some of the more important terms that we want to bring to your attention:
    • Each time you use PopGrotto.com, this User Agreement applies to your use. Any updates to this User Agreement or our Privacy Policy will apply to you, so please check back frequently for any updates that apply to your ongoing use of PopGrotto.com.
    • You may only use the Content on PopGrotto.com in connection with your permitted activities on this Website – and not in an offline environment or on another website. You may not use PopGrotto.com for commercial, political or inappropriate purposes.
    • By using PopGrotto.com, you will not obtain any ownership or intellectual property or other interest in it, any Collection (defined below), or any digitized or other items that may be on or used in connection with PopGrotto.com.
    • Except as set forth in our Privacy Policy that applies to this Website or Apps, you and PopGrotto do not have a confidential, fiduciary or any other special relationship by virtue of your use of this Website or your communications to PopGrotto through or related to this Website.
    • PopGrotto is providing this Website to you on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind, and PopGrotto’s liability to you in connection with your use of this Website is very limited. Many other limitations and disclaimers relate to your use of PopGrotto.com.
    • In some instances, both this User Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of PopGrotto.com or to a service or product offered via this Website (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between this User Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of our Privacy Policy.

1. Website Content, Ownership, Limited License, and Rights of Others.

  1. Content. PopGrotto.com contains a variety of: (i) materials and other items relating to PopGrotto and its Users (and their Collections), and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of this Website, and the compilation, assembly, and arrangement of the materials of this Website and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, URLs, and trade identities of various parties, including those of PopGrotto (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
  2. Ownership. PopGrotto.com Website (including past, present, and future versions) and the Content are owned or controlled by PopGrotto and our licensors and certain other third parties. All right, title, and interest in and to the Content available via PopGrotto.com is the property of PopGrotto or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. PopGrotto owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on PopGrotto.com.
  3. Limited License . Subject to your strict compliance with this User Agreement and the Additional Terms, PopGrotto grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile telephone or other wireless device, or other Internet enabled device (each, an “Internet Device”) for your personal, non-commercial use only; and (ii) to use certain Content that we may from time to time make available on this Website explicitly for you for use as part of your User-Generated Content (defined below) (“PopGrotto Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the PopGrotto Licensed Elements are made available on this Website; but we and our licensors and certain other third parties, as the case may be, retain ownership of such PopGrotto Licensed Elements. The foregoing limited license: (a) does not give you any ownership of, or any other intellectual property interest in, any Content; and (b) may be immediately suspended or terminated for any reason, in PopGrotto’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or PopGrotto Licensed Elements, subject to certain Additional Terms.
  4. Rights of Others. In using PopGrotto.com, you must respect the intellectual property and other rights of PopGrotto and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communication, and other laws, and any such use may result in your personal liability, including potential criminal liability. PopGrotto respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via PopGrotto.com, then please contact us as provided below.

2. Content You Submit and Collection Rules .

  1. User-Generated Content.
    1. General. PopGrotto may now or in the future offer visitors to PopGrotto.com the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through PopGrotto.com (collectively, “Submit” or “Submissions”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding PopGrotto Licensed Elements included therein, “User-Generated Content”). PopGrotto may do this through online tools, social networking environments, e-mail, and other communications functionality. Subject to the rights and license you grant in this User Agreement, you retain whatever legally cognizable right, title and interest that you have in your User-Generated Content.
    2. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in our Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned; and (b) PopGrotto does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon PopGrotto’s request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this User Agreement or any Additional Terms. You acknowledge that the Internet may be subject to breaches of security and that you are aware that Submissions of User-Generated Content may not be secure, and you will consider this before Submitting any User-Generated Content.
    3. License to PopGrotto of Your User-Generated Content. Except as otherwise described in any Additional Terms, which will govern the Submission of your User-Generated Content, you hereby grant to PopGrotto, and you agree to grant to PopGrotto, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials; and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to PopGrotto to your User-Generated Content, you also hereby grant to PopGrotto, and agree to grant to PopGrotto, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
    4. PopGrotto's Exclusive Right to Manage All User-Generated Content . PopGrotto may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and PopGrotto may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. PopGrotto reserves the right to treat User-Generated Content on this Website as content stored at the direction of Users for which PopGrotto will not exercise control except to block or remove content that comes to PopGrotto’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to PopGrotto, or to enforce the rights of third parties or the content restrictions set forth below in the Collection Rules (defined below) when notice of their violation comes to PopGrotto’s attention. Such User-Generated Content Submitted by you or others need not, however, be maintained on this Website by us for any period of time and you may not have the right, once Submitted, to access, archive, maintain, or otherwise use such User-Generated Content on this Website.
    5. Representations and Warranties Related to Your User-Generated Content. Each time you Submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you Submit, and that, as to that User-Generated Content; (a) you are the sole author and owner of the intellectual property and other rights to the User Generated Content, or you have a lawful right to Submit the User-Generated Content and grant PopGrotto the rights to it that you are granting by this User Agreement and any Additional Terms, all without any PopGrotto obligation to obtain consent of any third party and without creating any obligation or liability of PopGrotto; (b) the User-Generated Content is accurate; (d) the User-Generated Content does not and, as to PopGrotto’s permitted uses and exploitation set forth in this User Agreement, will not infringe any intellectual property or other right of any third party; and (e) the User-Generated Content will not violate this User Agreement (including the Collection Rules) or any Additional Terms, or cause injury or harm to any person.
    6. Enforcement. PopGrotto has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at PopGrotto’s cost and expense, to which you hereby consent and irrevocably appoint PopGrotto as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
  2. Collection Usage Rules. As a User of PopGrotto.com, these Collection usage rules ("Collection Rules") are here to help you understand the conduct that is expected of participants of this Website's online collection areas (each, a "Collection").
    1. Nature of Collection Rules. Your participation in the Collections is subject to all the terms in this User Agreement, including these Collection Rules:
      • Your User-Generated Content. Do not use any User-Generated Content that belongs to other people and pass it off as your own. If anyone appears in the User-Generated Content, or it contains any visible Trademarks that belong to third parties, then you may also have to seek their permission to Submit such User-Generated Content to PopGrotto. (For example, if someone has taken a picture of you and your friend, and you Submit that photo to PopGrotto as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
      • Act Appropriately. Be respectful of others’ opinions and comments so we can continue to build Collections for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it does not belong on PopGrotto.com. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
      • Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law. If you Submit User-Generated Content that PopGrotto reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
      • Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity. If you Submit User-Generated Content that PopGrotto reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
      • Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, User, or company, and do not Submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
      • Others Can See. We hope that you will use the Collections to exchange information and content and have discussions with other collectors/Users. Please remember, remember, that the Collections are a public forum and User-Generated Content that you Submit on PopGrotto.com within a Collection area may be accessible and viewable by other Users. Do not Submit personally identifiable information (e.g., first and last name together, password, telephone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Collection pages and take care when disclosing this type of information to others.
      • Do Not Share Other People's Personal Information. Your User-Generated Content must not reveal another person’s address, telephone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by PopGrotto.
      • Do Not Damage PopGrotto.com or Anyone's Computers or Other Internet Devices. Your User-Generated Content must not Submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of this Website or any computer or other Internet Device.
      • Permissions. We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, this User-Generated Content in question being removed from PopGrotto.com.
    2. Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other Users of PopGrotto.com, whether online or offline. PopGrotto is not responsible or liable for the conduct or content of any User. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users. Exercise common sense and your best judgment in your interactions with others (e.g., when you Submit any personal or other information) and in all of your other online activities.

3. Website and Content Use Restrictions.

  1. Website Use Restrictions. You agree that you will not: (a) use this Website for any commercial or political purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products); (b) use any meta tags or any other “hidden text” utilizing any of PopGrotto’s Trademark; (c) engage in any activities through or in connection with this Website that seeks to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to PopGrotto; (d) reverse engineer, decompile, disassemble, reverse assemble, or modify any Website source or object code or any software or other products, services, or processes accessible through any portion of this Website; (e) engage in any activity that interferes with a User’s access to this Website or the proper operation of this Website, or otherwise causes harm to this Website, PopGrotto, or other Users of this Website; (f) interfere with or circumvent any security feature of this Website or any feature that restricts or enforces limitations on use of or access to this Website, the Content, or the User-Generated Content; or (g) otherwise violate this User Agreement or any Additional Terms.
  2. Content Use Restrictions. You also agree that, in using the Content (other than your User-Generated Content that does not contain any PopGrotto Licensed Elements): (a) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on this Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (b) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (c) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (d) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (e) you will not make any modifications to such Content (other than to the extent of your permitted use of the PopGrotto Licensed Elements, if applicable); (f) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this User Agreement or any Additional Terms or with the prior written consent of PopGrotto or, in the case of Content from a licensor, the owner of the Content; or (g) you will not insert any code or product to manipulate such Content in any way that adversely affects any User experience.
  3. Availability of Website and Content. PopGrotto may immediately suspend or terminate the availability of this Website and Content (and any elements and features of them) for any reason, in PopGrotto’s sole discretion, and without advance notice or liability.
  4. Reservation of All Rights Not Granted as to Content and Website. This User Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access this Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by PopGrotto and its licensors and other third parties. ANY UNAUTHORIZED USE OF ANY CONTENT OR THIS WEBSITE FOR ANY PURPOSE IS PROHIBITED.

4. Customer Service.

If you have any customer service questions related to PopGrotto.com, then as a resource please use the FAQ resources found on this Website. PopGrotto, however, has no obligation of any kind to provide support services for problems or issues related to this Website.

5. Procedure for Alleging Copyright Infringement.

  1. DMCA Notice. PopGrotto will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via this Website, then you may send us a written notice that includes all of the following:
    1. a legend or subject line that says: "DMCA Copyright Infringement Notice
    2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of this Website on which the material appears);
    4. your full name, address, telephone number, and e-mail address;
    5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
    7. your physical signature or, if sent within an e-mail (rather than in a physical document or a digital document attached to an e-mail), your name typed followed by “//s//”, which will serve as your electronic signature.
      • PopGrotto will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:

        By Mail: PopGrotto, LLC
        3869 Pima Lane
        Los Vegas, NV 89169

        By E-Mail: Contact@popgrotto.com
      • It is often difficult to determine if your copyright has been infringed. PopGrotto may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and PopGrotto may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
      • Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
      • We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
      • Without limiting PopGrotto’s other rights, PopGrotto may, in appropriate circumstances, terminate a repeat infringer’s access to this Website and any other website owned or operated by PopGrotto.
  2. DMCA Counter-Notification. If access on this Website to a work that you Submitted to PopGrotto is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
    1. a legend or subject line that says: "DMCA Counter-Notification";
    2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of this Website from which the material was removed or access to it disabled);
    3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    4. your full name, address, telephone number, e-mail address, and the Username of your account;
    5. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
    6. your physical signature or, if sent within an e-mail (rather than in a physical document or a digital document attached to an e-mail), your name typed followed by “//s//”, which will serve as your electronic signature.
      • Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
      • If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than10 and not more than 14 business days following receipt of the DMCA Counter-Notification. We will not, however, do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on this Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

6. Procedure for Alleging Infringement of Other Intellectual Property .

If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via this Website, then you may send us a written notice to one of the addresses set forth in above that includes all of the following:

  • a legend or subject line that says: “Intellectual Property Infringement Notice”;
  • a description of the intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of this Website on which the material appears);
  • your full name, address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
  • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and,
  • your physical signature or, if sent within an e-mail (rather than in a physical document or a digital document attached to an e-mail), your name typed followed by “//s//”, which will serve as your electronic signature.

We will act on such notices in our sole discretion. Any User of this Website that fails to respond satisfactorily to PopGrotto with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

7. Unsolicited Ideas and Materials Prohibited; No Confidential or Special Relationship With PopGrotto.

  • PopGrotto is committed to developing new technologies and ideas and, each year, PopGrotto solicits and receives product idea submissions from professional inventors with whom it has business relationships.
  • Because of this, in your communications with PopGrotto, please keep in mind that PopGrotto does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts or inventions (collectively, “ Unsolicited Ideas and Materials”). Therefore, you must not send to PopGrotto (even within any of your User-Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via this Website are deemed User-Generated Content and licensed to us as set forth above.
  • Except as otherwise specifically described in our Privacy Policy or any Additional Terms, your relationship with PopGrotto is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else Submitted by you (such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary User-Generated Content – regardless of whether you mark them “confidential,” “proprietary,” or the like. PopGrotto will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing. Therefore, your decision to Submit any Unsolicited Ideas and Materials to PopGrotto does not place PopGrotto in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.
  • PopGrotto finds that many submissions that it receives, including those from professional inventors, are already in the public domain; or are identical or substantially similar to products developed or in development by our own staff; or, for a host of many other reasons, are not novel or unique. So if, you send us any of your Unsolicited Ideas and Materials despite our request that you not do so, it is likely they are identical or substantially similar to ideas, concepts, and materials that, in the past, were developed by our staff or submitted to us by others. Likewise, in the future we may, without any reference to any of your Unsolicited Ideas and Materials, develop or receive from others ideas, concepts, and materials that are identical or substantially similar to your Unsolicited Ideas and Materials.
  • PopGrotto’s receipt of your Unsolicited Ideas and Materials is not an admission by PopGrotto of their novelty, priority, or originality, and it does not impair PopGrotto’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

8. Opening and Terminating Accounts .

In order to access or use some (or potentially all) of the features of PopGrotto.com, you may have to become a registered User of this Website (or a portion of it). Depending upon your age, registration may require parental consent. This Website’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy. Your decision to provide this information is purely voluntary and optional; however, if you elect not to provide it, then you may not be able to access certain Content or Collections or participate in certain features of PopGrotto.com. If you register for any feature that requires a password and/or Username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that:

  1. You will not use a Username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, Username, or e-mail address for any other reason in our sole discretion.
  2. You will provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as you use the features to which the registration relates.
  3. You are solely responsible for all activities that occur under your account, password, and Username, whether or not you authorize the activity (except to the extent that activities occur because someone gains access to our system without using your identifiers and password).
  4. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Internet Device so that others may not access any password protected portion of this Website using your name, Username, or password. You will immediately notify us of any unauthorized use of your account, password, or Username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
  5. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this User Agreement, any Additional Terms, or any legal requirement or law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability (except as may be set forth in in this User Agreement below or any Additional Terms).

9. Website Access; Charges; Registration; Usage Subscriptions; Right to Charge or Require Registration; Access and Fees Relating to Your Internet Device.

PopGrotto reserves the right, upon reasonable notice, to: (a) charge for access to some or all of this Website, charge for access to premium functionality or Content on some or all of this Website, or require a free subscription or account registration to access some or all of this Website; (b) change terms and conditions for this Website or portions of this Website; and (c) restrict access to this Website or portions of this Website, in whole or in part, based on any lawful eligibility requirements PopGrotto may elect to impose (e.g., geographic or demographic limitations). You are responsible for obtaining and maintaining, at your sole cost, all Internet Devices and other equipment and software, and all Internet, mobile, and other services needed for you to access and use PopGrotto.com.

10. Links by You to this Website .

PopGrotto grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to PopGrotto.com, so long as: (a) the links only incorporate text, and do not use any Trademarks that are owned or licensed to PopGrotto; (b) the links and the content on your website do not suggest any affiliation with PopGrotto or cause any other confusion; and (c) the links and the content on your website do not portray PopGrotto or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is inappropriate for children or that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to PopGrotto. PopGrotto reserves the right to suspend or prohibit linking to this Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

11. Linked-To Websites; Advertisements; Dealings with Third Parties .

  1. Linked Websites; Advertisements. PopGrotto.com may contain links, as part of third party ads on this Website or otherwise, to or from third-party websites (“Linked Websites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with PopGrotto. PopGrotto may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and PopGrotto does not assume any obligation to review any Linked Websites. PopGrotto does not endorse, approve, or sponsor any Linked Websites, or any third party content, advertising, information, materials, products, services, or other items. PopGrotto disclaims all liability in connection therewith. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. PopGrotto disclaims all liability in connection therewith.
  2. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through this Website (including on or via Linked Websites or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). PopGrotto disclaims all liability in connection therewith.

12. Internet Devices and Wireless Access to PopGrotto.com.

  1. Wireless Features. PopGrotto.com may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access this Website’s features and upload content to this Website, receive messages from this Website, and download applications to your wireless Internet Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
  2. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties – unless you cancel your registration or opt-out in accordance with any procedure established by us or by law. Further, we may collect information related to your use of the Wireless Features. If you have registered via this Website or Apps for Wireless Features, then you agree to notify PopGrotto of any changes to your wireless number and update your account with us to reflect the changes, or notify us when you wish to terminate your registration.

13. Disputes .

  1. Amicable Resolution. If any controversy, allegation, or claim arises out of or relates to PopGrotto.com, the Content, your User-Generated Content, your Unsolicited Ideas and Materials, this User Agreement, or any Additional Terms (collectively, “Dispute”), or to any of PopGrotto’s actual or alleged intellectual property rights, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this User Agreement. Your notice to us must be sent to: PopGrotto, LLC, Contact@popgrotto.com. For a period of sixty (60) calendar days from the date of receipt of notice from the other party, PopGrotto and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or PopGrotto to resolve the Dispute on terms with respect to which you and PopGrotto, in each party’s sole discretion, are not comfortable.
  2. Federal and State Courts in Los Angeles. Except as to the enforcement of any decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Los Angeles County, California, without giving effect to any conflict of law rules which might find otherwise. Your use of PopGrotto.com includes your waiver of a right to a jury trial. By using PopGrotto.com, you hereby irrevocably submit to the exclusive jurisdiction and venue of the federal and state courts in Los Angeles County, California, and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. Accordingly, you and PopGrotto consent to the exclusive personal jurisdiction and venue of such courts for such matters.
  3. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN 1 YEAR AFTER THE EVENT GIVING RISE TO THE DISPUTE TAKES PLACE – OR IT WILL BE FOREVER BARRED.
  4. Injunctive Relief. The foregoing provisions of this Section will not apply to any legal action taken by PopGrotto to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, your User-Generated Content or Unsolicited Ideas and Materials and/or PopGrotto’s intellectual property rights (including such PopGrotto may claim that may be in dispute), PopGrotto’s operations, and/or PopGrotto’s products or services.
  5. No Class Action Matters. Disputes will be litigated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party.

14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES .

YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

THIS WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, PopGrotto, LLC and its affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "PopGrotto Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

  • this Website (including the Content and the User-Generated Content);
  • the functions, features, or any other elements on, or made accessible through, this Website;
  • any products, services, or instructions offered or referenced at or linked through this Website;
  • security associated with the transmission of your User-Generated Content transmitted to PopGrotto or via this Website;
  • whether this Website or the servers that make this Website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);
  • whether the information (including any instructions) on this Website is accurate, complete, correct, adequate, useful, timely, or reliable;
  • whether any defects to this Website will be repaired; and
  • whether your use of this Website is lawful in any particular jurisdiction.

POPGROTTO PARTIES FURTHER HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

15. LIMITATIONS OF LIABILITY OF POPGROTTO PARTIES.

UNDER NO CIRCUMSTANCES WILL ANY POPGROTTO PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

  1. this Website (including the Content and the User-Generated Content);
  2. your use of or inability to use this Website, or the performance of this Website;
  3. any action taken in connection with an investigation by PopGrotto Parties or law enforcement authorities regarding your access to or use of this Website;
  4. any action taken in connection with copyright or other intellectual property owners or other rights owners;
  5. any errors or omissions in this Website’s technical operation; or
  6. any damage to any User’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if PopGrotto Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of this Website). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF POPGROTTO PARTIES TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THIS WEBSITE AND YOUR RIGHTS UNDER THIS USER AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID POPGROTTO IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

With respect to any electronic commercial service on a PopGrotto Website, residents of California are entitled to the following specific consumer rights information: if you have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. See also: http://www.dca.ca.gov.

YOU AGREE: (i) TO ABIDE BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND OUR PRIVACY POLICY; AND (ii) TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE POPGROTTO PARTIES FROM ANY AND ALL CLAIMS OR LIABILITY IN CONNECTION WITH USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ANY ACTIVITY RELATED THERETO. You further understand and agree that all rights under Section 1542 of the Civil Code of California (" Section 1542") and any similar law of any state, province or territory of the United States or Canada that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: " A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. " The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

16. Waiver of Injunctive or Equitable Relief .

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THIS WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY POPGROTTO (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF POPGROTTO.

17. General Provisions .

  1. Updates to User Agreement. PopGrotto reserves the right to modify this User Agreement and any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on PopGrotto.com, and that your use of this Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this User Agreement and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that PopGrotto posts them on this Website, or such later date as may be specified in them.
  2. PopGrotto's Consent or Approval. As to any provision in this User Agreement or any Additional Terms that grants PopGrotto a right of consent or approval, or permits PopGrotto to exercise a right in its “sole discretion,” PopGrotto may exercise that right in its sole and absolute discretion. No PopGrotto consent or approval may be deemed to have been granted by PopGrotto without being in writing and signed by an officer of PopGrotto.
  3. Applicable Law. This User Agreement and any Additional Terms will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions.
  4. Indemnity. You agree to, and you hereby, defend, indemnify, and hold PopGrotto Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any PopGrotto Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User-Generated Content; (ii) your use of this Website and your activities in connection with this Website; (iii) your breach or anticipatory breach of this User Agreement or any Additional Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use of this Website or your activities in connection with this Website; (v) information or material transmitted through your Internet Device, even if not Submitted by you, that infringes, violates, or misappropriates any copyright, Trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) PopGrotto Parties’ use of the information that you Submit to us (including your User-Generated Content); (viii) your purported “ ownership” of any usage subscriptions; and (ix) the increase or decrease in “value” or loss of usage subscriptions if PopGrotto deletes, terminates, or modifies them (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by PopGrotto Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, PopGrotto Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. PopGrotto Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a PopGrotto Party.
  5. Operation of Website; Availability of Products and Services; International Issues. PopGrotto controls and operates PopGrotto.com from its offices in the U.S.A. PopGrotto makes no representation that this Website is appropriate or available for use beyond the U.S.A. If you use this Website from other locations, you are doing so of your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Subject to the terms of this User Agreement, we reserve the right to limit the availability of, restrict access to, or discontinue this Website and/or any content, program, product, service, or other feature described or available on this Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. Some content, programs, services, or features may be available on this Website only on a subscription or fee basis. You and we disclaim any application to this User Agreement of the United Nations Convention on Contracts for the International Sale of Goods.
  6. Export Controls. Software related to or made available by this Website or the Apps may be subject to export controls of the U.S.A. No software from PopGrotto may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of this User Agreement, includes Cuba, North Korea, Iran, Sudan and Syria); or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). By downloading any software related to this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
  7. Severability; Interpretation. If any provision of this User Agreement, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from this User Agreement or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this User Agreement or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in this User Agreement or any Additional Terms, the word will be deemed to mean “including, without limitation.
  8. Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that, except as set forth in above, we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  9. Investigations; Cooperation with Law Enforcement; Termination; Survival. PopGrotto reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Website security or its information technology or other systems or networks; (ii) investigate any suspected breaches of this User Agreement and any Additional Terms; (iii) investigate any information obtained by PopGrotto in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this User Agreement and any Additional Terms; and (vi) discontinue this Website, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any User accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to PopGrotto under this User Agreement or any Additional Terms. Upon suspension or termination of your access to this Website, or upon notice from PopGrotto, all rights granted to you under this User Agreement or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of this Website. The provisions of this User Agreement and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to PopGrotto in this User Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.
  10. Assignment. PopGrotto may assign its rights and obligations under this User Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This User Agreement and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of PopGrotto.
  11. No Waiver. Except as expressly set forth in this User Agreement or any Additional Terms: (i) no failure or delay by you or PopGrotto in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of this User Agreement or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

Last updated: March 2014

© 2014 PopGrotto, LLC. All Rights Reserved.