POP.STORE TERMS OF SERVICE

Your use of the Services and/or your registration with us constitutes your agreement to these terms of service (the “Terms of Service”), our Privacy Policy, our Community Guidelines, FAQs, and other guides and policies that we promulgate from time to time (collectively, the “Agreement”). The Agreement, including the Terms of Service, is a legal agreement between you and Pop.Store. These Terms of Service specify the terms under which you may access and use our website located at pop.store, any other subdomains located on them, and e-commerce applications associated with them (the “Pop.Store Properties”). Any services provided using the Pop.Store Properties and any related services provided by Pop.Store shall be referred to as the “Services”. The Agreement is subject to change at any time. We will provide you notice of material changes to the Agreement. You are responsible for reviewing the Agreement on a regular basis. By viewing, accessing, and using our Services, whether or not you are a Registered User or not, you are agreeing to the terms of the Agreement.

To make these Terms of Service easier to read, we will sometimes refer to CommentSold Technologies, LLC (d/b/a Pop.Store) as “Pop.Store”, “our”, “we”, or “us”, and we will refer to a user who visits or creates an account on the Pop.Store Properties 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” or Pop.Store Creator, as applicable).

This Agreement incorporates one or more Addenda, listed below, that are part of the Agreement.

• Addendum #1: Pop.Store Payments Service Addendum
• Addendum #2: APPLICATION PROGRAMMING INTERFACE (API)
• Addendum #3: ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
• Addendum #4: Pop.Store Terms of Service
• Addendum #5: Standards of Conduct

If you are using the Pop.Store Pay Service, Addendum #1 will apply to your use of that service

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 Pop.Store 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 Goods (as defined below).

This part also sets out how the fees and charges are calculated, including the fees payable to Pop.Store, 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 Users can interact in a number of ways. For example, on the Pop.Store Properties, Vendors may be able to livestream and/or post videos to sell their products (“Goods”) to Buyers. Goods may include physical Goods (“Physical Goods”), subscription services, or digital downloads (“Digital Downloads”). Pop.Store Creators can sell services and digital content to Pop.Store Users.

Our Services have several types of users:

1. Visitors. “Visitors” to the Pop.Store Properties, 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.
2. Registered Users and Accounts. In order to become a Vendor and/or a Buyer, you may be required to establish an account with us. Pop.Store 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.
3. To create an account, you or your authorized representative will be prompted to create a password and user name (“Pop.Store 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”).
4. 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 Pop.Store User ID and corresponding password can be used by only one individual.
5. You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for the actions of all of your account users and 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 Pop.Store).
6. 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

1. All Users must be at least 13 years of age to use the Services. Vendors, Creators and Pop.Store Creators and their representatives and authorized users must be at least 13 years of age to use the Services and 18 years of age or older to sell products or services using our Services. If you are 13 or older, but under the age of majority in your jurisdiction, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and you must obtain your parent or guardian’s consent to the Agreement before using the Services.
2. 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

1. As part of the Services, Pop.Store 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 Goods on the Pop.Store Properties. Pop.Store and its Affiliates may also promote Vendor’s Goods in various ways, such as on Pop.Store and its Affiliates’ social media channels, websites, online and print advertisements, and blogs.

2. Vendor understands that:

   1. Pop.Store is not obliged to display Vendor’s shows or Goods on the Pop.Store Properties at all times;
   2. Pop.Store is not obliged to promote Vendor’s Goods; and
   3. Pop.Store may remove Goods from the Pop.Store Properties in the circumstances described in this Agreement.
3. Pop.Store may authorize Vendor to use automated tools that allow Vendor to feature Promotions to Vendor’s customers through the Pop.Store Properties. 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. Pop.Store, via the Payment Processor (as defined below), may deduct the costs of the Promotions (as defined below) from Vendor’s payment.

2 YOUR ACKNOWLEDGEMENTS

1. You acknowledge and agree that Pop.Store 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.
2. Vendor acknowledges and agrees that Pop.Store does not make any guarantee in relation to the number of Goods or Services that Vendors, Creators, and Pop.Store Creators will sell via the Pop.Store Properties or the number, or geographic location, of users of the Pop.Store Properties that will see Vendor or Vendor’s Goods or Services on the Pop.Store Properties.

3 USER CONTENT & LICENSES

1. 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.
2. 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.
3. You, and not Pop.Store, are entirely responsible for all your User Content that you upload, post, livestream, e-mail, or otherwise transmit via the Services.
4. Pop.Store 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.
5. 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).
6. 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 Pop.Store 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 Pop.Store Properties. 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 Pop.Store as permitted herein, do not and will not infringe or misappropriate the intellectual property rights of any third party.

7. If you submit User Content to us, each such submission constitutes a representation and warranty to Pop.Store that:

   1. you have received all necessary releases and consents for any names, likenesses, images, logos, trade names, trade dress, trademarks, copyrightable works and patentable subject matters that is included or incorporated in the User Content, and
   2. 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 a license to the User Content to Pop.Store, and that the User Content and its use by Pop.Store 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.
8. 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

1. As a Vendor, you understand that Pop.Store 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 Pop.Store, 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 Pop.Store, the Services, and Vendor (“Promotion(s)”).
2. As such, Vendor grants Pop.Store 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.
3. Vendor agrees that Pop.Store 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 Pop.Store 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 Pop.Store commercializes the material or the Promotion.
4. Vendor hereby unconditionally and forever releases, indemnifies, and holds harmless Pop.Store 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

1. Buyers may place orders for Vendors’ Goods or services through our Services (each, a “Purchase”). The receipt of an order number or an email order confirmation does not constitute Pop.Store’s or any Vendor’s acceptance of an order or a confirmation of an offer to sell. Vendors and Pop.Store reserve the right to refuse service to any Buyer or cancel an order for any reason.
2. Verification of information may be required prior to the acceptance of an order.
3. Prices and availability of products are subject to change without notice.
4. 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

1. Pop.Store is not liable for any damages (including, without limitation, any incidental or consequential damages) arising from a 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.
2. 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

1. 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. Pop.Store 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.
2. 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 Pop.Store 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

1. 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.
2. Payment is due immediately upon making a Purchase.
3. By making a Purchase, Buyer is authorizing our payment processor, Stripe, Inc. (“Payment Processor”), to collect the amounts described in Section 5.4(1).
4. By using the Services to make Purchases, Buyer agrees to Payment Processor’s Services Agreement available at https://stripe.com/legal/ssa. Pop.Store is not a party to your agreements with Payment Processor and does not act as a payment processor in any respect. Accordingly, Pop.Store is not liable to you for any payment processing or other transactions, or any liability resulting therefrom, except to the extent caused by Pop.Store’s gross negligence or willful misconduct or where an exclusion is prohibited by law. As a condition of using payment processing services through the Payment Processor, you agree to provide Pop.Store and Stripe with accurate and complete information about yourself. You agree that Pop.Store, Stripe, and Vendors may use your’ personal information, including payment data, for purposes of providing payment services in accordance with Pop.Store’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

1. Pop.Store reserves the right, in our sole and absolute discretion, to deny a User access to the Pop.Store Properties, including viewing shows, purchasing, and commenting.
2. Pop.Store 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 Goods

1. Vendors are only allowed to offer a Good for sale via the Pop.Store Properties if that Good, or category of Goods, is approved by Pop.Store. Goods may include those supplied by the Vendor (“Vendor-Supplied Goods”) and those supplied by Pop.Store’s affiliate 24LA, LLC (“24LA-Supplied Goods”).
2. Without limiting Pop.Store’s rights to reject any goods or services in its sole discretion, Inappropriate Goods include people, animals of any size, items prohibited by law or regulations, tobacco, alcohol, 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, counterfeit, 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, prescription medications, any items purchased by you as a Buyer on another Pop.Store show, or any Goods that Vendor does not have permission to sell or ship (each, an “Inappropriate Good”).
3. Pop.Store may remove Goods from the Pop.Store Properties if the Good is not an approved Good or part of an approved category of Goods, is an Inappropriate Good, or if Pop.Store discovers an Good has been approved in error.

6.2 Quantity, Type and Price of Goods

1. Vendor is responsible for determining the quantity and type of Goods Vendor makes available via the Services.
2. Pop.Store may provide information to Vendor regarding predicted customer demand. Vendor is not required to act on this information, and Pop.Store 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 Goods Vendor wishes to make available via the Services.
3. Vendor is responsible for setting the retail price (“Retail Price”) for each Good that Vendor makes available via the Services.

6.3 Quality of Goods

1. Vendor is responsible for ensuring that Goods are appropriate for sale via the Services. This includes ensuring that Vendor’s:

   1. delivery of Physical Goods are packaged appropriately for delivery (including any additional protection necessary based on the nature of the Good); and
   2. Goods meet all requirements under law and this Agreement.

2. Without limiting Section 6.3(a), Vendor agrees that Vendor is solely responsible for:

   1. determining the criteria that apply to Vendor’s Goods, such as any quality, portion, size, materials, and other criteria that apply to Vendor’s Goods;
   2. ensuring that Vendors meet those criteria when those Goods are made available via the Services;
   3. ensuring that the description of Vendor’s Goods, and any photographs of Vendor’s Goods 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;
   4. Pop.Store may remove Goods from the Services if Pop.Store determines that: (A) the description of the Goods, or any photographs of the Goods, that Vendor makes available on the Pop.Store Properties are inaccurate or misleading or violate the rights of third parties; or (B) the Goods contain or may contain Inappropriate Goods under Section 6.1(b); and
   5. Vendor hereby represents and warrants to Pop.Store 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. Pop.Store 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.
3. Pop.Store is not responsible for any descriptions, photographs, assurances of quality or performance of any of Vendor’s Goods.

6.4 Vendor User Content, including Product Descriptions

Vendor represents and warrants to Pop.Store 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.

Vendors are required to make accurate descriptions of any Goods sold or offered through the Services. Any images used in a Good’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 Goods must display a warning pursuant to Proposition 65, please visit this California Proposition 65 Web site.

6.5 Orders – Shipping

1. Orders are placed by Buyers with Pop.Store. Pop.Store shall receive the order information and the Buyer’s shipping information. Pop.Store shall provide Vendors with shipping labels if the Vendor elects for Pop.Store shipping. After a Buyer places an Order with a Vendor, the Vendor may delay shipping for a reasonably limited period of time as determined by Vendor (the “Open Shipping Period”), during which time Buyers may make Purchases using Pop.Store shipping and such purchases may be combined into one shipment.
2. Vendors must use reliable third-party carriers, which may be subject to approval or rejection by Pop.Store, to deliver products to Buyers. Vendors are responsible for ensuring that all shipments are properly packaged and labeled in accordance with carrier requirements and industry standards to prevent damage, loss, or misdelivery. 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) for goods sold on a live show, the the corresponding Vendor live show; and (2) the expiration of the Open Shipping Period.
3. Other than the limited information necessary to make shipments, all Buyer information shall be held exclusively by Pop.Store, in accordance with our Privacy Policy, and Vendor shall not have the ability to communicate with Buyers without going through Pop.Store. Vendor may contact Pop.Store for any questions about the order, and Pop.Store will communicate with the Buyer to provide answers to Vendor if necessary.
4. Pop.Store strongly urges Vendor to obtain and maintain insurance for Vendor’s shipments. Pop.Store is not liable for any shipment issues.
5. 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

1. All sales of Goods are final, and we do not accept returns or provide refunds, except for defective or incorrect Physical Good(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.
2. As between the Buyer and Vendor, any returns or refunds for defective or incorrect Good(s) shall be at Vendor’s discretion, unless Pop.Store determines that a return, refund, or replacement is required. Vendor is required to cover any costs of return for defective or incorrect Goods. Vendors may require the Buyer to cover the cost of shipping for returns or exchanges that are not due to defective or incorrect goods. Pop.Store shall not be responsible for any such costs. Pop.Store will facilitate customer service if requested. Pop.Store is unable to accept any product; all orders must be returned to Vendor.
3. When a refund is due, Pop.Store, 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 Goods to Vendor’s customers, Vendor agrees that if Pop.Store determines that Vendor is responsible for the cost of a refund, Vendor will be responsible for the costs of the refunded Good (or partial costs if only part of the Good was refunded). Pop.Store, via Payment Processor, may deduct these costs from the payment owed to Vendor under this Agreement. If Vendor believes that Pop.Store has deducted the cost of any refund from Vendor in error, Vendor may dispute the deduction by contacting support@pop.store and reporting Vendor’s issue. If Vendor disputes a deduction, Pop.Store will consider the dispute, 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 Pop.Store determines that Vendor is not at fault.

6.7 No Circumvention

1. All Shop orders are passed through Pop.Store, and Pop.Store disseminates to Users only the necessary information for Users to purchase, ship, and receive products, and Pop.Store 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

1. Pop.Store 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

1. Pop.Store 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 Goods, and interact in the community on Pop.Store in a way that allows Vendors and the wider community to thrive.
2. Pop.Store 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. Pop.Store 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.

3. Your conduct and any content you share on the Pop.Store Properties 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 the Pop.Store Properties.
   • 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 Pop.Store for any commerce related purpose. For example, do not direct Pop.Store 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 Pop.Store 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 Pop.Store 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)

1. If Vendors utilize any Application Programming Interfaces provided by Pop.Store or its affiliates, such Vendors are consenting to the Application Programming Interface Addendum, below.

6.11 Dropshipping Services

1. If Vendors use Dropshipping Services provided by Pop.Store or any of its affiliates, they agree to the Dropship Terms of Service, found at: which shall be incorporated by reference into the terms of these Terms of Service. When a Vendor buys 24LA-Supplied Goods 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 Goods

If applicable and the Vendor is using Pop.Store Payments (the “Pop.Store Payments Service”), please see the terms outlined in Addendum #1, The Pop.Store Payments Service Addendum, which shall govern payments made through the Pop.Store Payments Service.

Otherwise, the following terms shall apply:

1. 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 Pop.Store shipping, less any shipping costs to the carrier above the amounts paid by the Buyer) due to Pop.Store outlined in Section 7.2.
2. The amounts available for Payout Transactions may be reflected in the Service as the Vendor’s Pop.Store account balance. It is Vendor’s responsibility to ensure that all information provided is accurate for a proper transfer. Pop.Store may be unable to recover money transferred to an improper account based on the information provided by Users. Vendors should review the Payment Processor’s terms and conditions. Vendor will be subject to and must comply with Payment Processor’s terms and conditions.

3. To receive payment, Vendor must:

   1. share the necessary payment account details with Pop.Store to enable Pop.Store, via Payment Processor (if applicable and required by Pop.Store), to send Vendor payments;
   2. 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
   3. 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.
4. 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.

7.2 Fees

1. In exchange for the Services provided by Pop.Store, as described in this Agreement, Vendor agrees to pay Pop.Store a service fee (collectively, the “Fee”) on each order placed with Vendor via the Services.

2. Pop.Store will calculate the Fee on each order placed with Vendor via the Services as follows:

   1. A “Commission,” based on the Retail Price of the Good(s) sold by Vendor via the Services (excluding any shipping costs and sales tax) (the “Goods Revenue”);multiplied by a percentage;
   2. Any applicable Payment Processing Fees, as may be described in the Pop.Store Payments Services addendum.
   3. Any applicable Dropship Management Fees; and
   4. Any applicable Funds Payout Fees.

7.3 Remittance of Good Payment

1. Pop.Store, via Payment Processor if applicable, will remit to Vendor the total Good 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 “Goods Payment”); (iii) the cost of any 24LA-Supplied Goods.
2. The Good Payment will be remitted to the Vendor after shipping confirmation is received and, to the extent required by Pop.Store, the Vendor has requested a payout.

7.4 Taxes

In relation to the Goods sold by Vendor via the Services:

1. Vendor is the ‘retailer’, ‘provider’ or ‘seller’ of all Goods for sales tax purposes;
2. Vendors are responsible for determining, collecting, reporting, and remitting or paying all applicable Taxes including but not limited to sales tax, use tax, value added tax (VAT), goods and services tax (GST), and any other similar taxes that may apply to transactions conducted through the Services. Vendors may be required to provide Pop.Store with valid tax registration numbers and documentation for all applicable jurisdictions prior to listing any Goods, and must promptly update such information as needed. Vendors shall indemnify and hold Pop.Store harmless from any claims, penalties, or liabilities arising from Vendor’s failure to properly collect or remit any required 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.
3. 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.
4. Our fees are exclusive of any applicable taxes, except as expressly stated to the contrary.

7.5 Auctions

1. Pop.Store requires that Buyers read, accept, and then follow the below terms and conditions prior to bidding in an auction hosted by a Vendor.
2. Bidder Eligibility: To be eligible to bid on an auction Buyer must have a valid Pop.Store account in good standing, along with an acceptable payment method on file. Buyers must also be compliant with all the terms of this Agreement.
3. Auction Close: When an auction closes, the highest bidder has won the auction. Vendors are 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.
4. Buyer’s bid is a contract between Buyer, the bidder, and Vendor. When Buyer bids on a Good during an auction, Buyer enters a contractual agreement to purchase that Good 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.
5. 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.
6. 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.
7. 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.
8. Auction Changes: Vendor reserves the right to add or remove Goods from the online auction at any time without notice.
9. 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 Pop.Store have in relation to materials made available under this Agreement, including the Services provided to you. It also describes what steps you and Pop.Store will take to protect confidential information and your obligations with respect to personal data.

8.1 Intellectual Property

1. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Pop.Store 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.
2. The Services contains material, such as software, text, graphics, images, and other material provided by or on behalf of Pop.Store (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.
3. 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.
4. The trademarks, service marks, and logos of Pop.Store (the “Pop.Store Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Pop.Store. Other company, product, and service names located on the Services may be trademarks or service marks owned by third parties (collectively with Pop.Store 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 Pop.Store Trademarks inures to our benefit.
5. 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.

8.2 Confidentiality

From time to time, we may provide you with confidential information about the Pop.Store Properties, plans and pricing, 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 Services 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 Services. The obligation to maintain the confidentiality of Confidential Information shall survive termination.

8.3 Feedback

1. 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 hereby grant Pop.Store a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit any and all such Feedback without compensation or attribution to you. You represent and warrant that you have all necessary rights to grant the foregoing license

8.4 Usage Rights and Restrictions

1. Subject to the terms and conditions of this Agreement, Pop.Store grants you a limited, non-transferable, non-exclusive, license to access and use the Services solely for your personal purposes. Pop.Store 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, stream, transmit, or otherwise make available any User Content, including images, text or other items in a product description (or any other media) or use the Services in any other way, that:

     1. infringes any copyright, Trademark, right of publicity, or other proprietary rights of any person or entity; or
     2. is defamatory or libelous,
     3. Is Illegal or promotes illegal or unauthorized goods or services, including illegal drugs, equipment used in making or using drugs, fake identification services, identity repair services, government or legal services, funding or financing terrorist organizations,
     4. Involves the sale or use of regulated products or services relating, including (1) marijuana / Cannabis / THC, CBD products with THC levels greater than the applicable local jurisdiction’s legal limit, including CBD edibles, (2) psedudo-pharmaceuticals / neutraceuticals that are not safe or make harmful or unsubstantiated claims, (3) explosives, weapons, guns or firearms, including plans to make, modify or use them.
     5. is fraudulent, misleading, unfair, deceptive or abusive or predatory towards consumers or involves pyramid, multilevel marketing, “get rich quick” schemes, high-pressure sales tactics, or any business that Pop.Store or its partners deems unfair, deceptive or predatory towards consumers,
     6. Involves, relates to, or promotes gambling or betting, sweepstakes, lotteries, games of chance, or auctions,
     7. involves or relates to travel and timeshare services,
     8. Offers, promotes or facilitates financial products and services, including cryptocurrency, debt relief and credit services, online trading, peer-to-peer money transmission, multi-level marketing schemes.
     9. Is indecent, obscene, pornographic, sexually explicit, including content or services that includes nudity or includes adult services (including prostitution or escort services, fetish services, adult live-chat or adult live video), or online dating services,
     10. threatens, depicts, supports, provides instructions for, make statements of intent, admits participation in, or shares links of the abuse or sexual exploitation of children (including real minors, toddlers, or babies, or non-real depictions with a human likeness, such as in art, AI-generated content, fictional characters, dolls, etc),
     11. is invasive of another’s privacy, promotes violence or illegal activity, including violence against people or property, or
     12. contains hate speech (i.e., speech that attacks or demeans a group) or provides services that discriminate or promote violence or hate, all based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
     13. 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 not encourage Buyers to complete purchases outside of the Pop.Store Properties.
   • you will comply with any applicable Community Guidelines
   • you may not use the Services if you are: (i) located in, resident in, or a citizen of, or utilizing products or services originating from jurisdictions that Pop.Store has determined for various reasons, including legal, contractual, and commercial reasons, to be prohibited, including, Cuba, Iran, North Korea, and Syria, and the Crimea, Donetsk, and Luhansk regions, or (2) a person that Pop.Store has determined for various reasons, including legal, contractual, and commercial reasons, to be prohibited, such as those individuals or entities named to a restricted person or party list of, or otherwise restricted by, the United States, United Kingdom, European Union, or United Nations, including the sanctions maintained by the US Office of Foreign Assets Control or the Denied Persons List or Entity List maintained by the US Department of Commerce.
   • you may not use the Services to: (1) Export, re-export, sell, or supply accounting services; trust and corporate formation services; management consulting services; architecture services; engineering services; quantum computing services; information technology (IT) consultancy and design services; and IT-support services and cloud-based services for enterprise management software and design and manufacturing software to any person located in Russia. In the European Union and the United Kingdom, it is prohibited to use the Service’s products and services, directly or indirectly, to provide credit-rating services, market research and public relations services, advertising services, auditing services, or legal advisory services to any person located in Russia, or (2) Deal in any goods prohibited by law for export to or import from Russia (for example, luxury goods, sensitive goods included in the Common High Priority Items List, enterprise management software and design software);
   • 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.
2. Pop.Store 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.

PART 3 – ALLOCATION OF RISK

This part describes the representations that you and Pop.Store give to each other and sets out the indemnities provided by each party and the liability of each party.

9 DIGITAL MILLENNIUM COPYRIGHT ACT

1. Pop.Store 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.
2. Our designated agent under the Digital Millennium Copyright Act (the “DMCA” or 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: legal@commentsold.com

3. 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:

   1. a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located;
   2. 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;
   3. 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;
   4. 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
   5. 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

1. Pop.Store 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

1. THE SERVICES, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY POP.STORE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. POP.STORE 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, POP.STORE 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.
2. You understand that Pop.Store 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, Pop.Store cannot and does not make any warranties about their quality, safety, or even their legality. As a buyer, any legal claim related to a Good Buyer purchase through the Services must be brought directly against Vendor of the Good. Buyer hereby releases Pop.Store from any claims related to products provided through our Services, including for defective Goods, misrepresentations by Vendors, or Goods that caused physical injury or death (product liability claims).
3. EXCEPT FOR CLAIMS ARISING FROM POP.STORE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, IN CONNECTION WITH ANY CLAIMS (INCLUDING THOSE FOR WARRANTY, CONTRACT, OR COMMON LAW TORT): (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). POP.STORE 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 GOOD(S).
4. 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.
5. Nothing in this Agreement shall affect any non-waivable statutory rights that apply to you.

12 INDEMNIFICATION

1. Vendors shall indemnify, defend, and hold harmless Pop.Store, 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 Good(s) or any other products liability claim;
   (ii) alleged failure of Vendor or Vendor’s Good(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 Good(s);
   (iv) disputes with other Vendors and Buyers; and
   any (v) misuse of the Services.

Pop.Store 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.

1. 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 Goods that you sell using the Services or over the Buyers who buy Goods from you.

14 CONTROLLING LAW

1. 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.
2. 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.

1. By accepting services from Pop.Store and/or agreeing to the Pop.Store 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

1. The Arbitration Agreement also contains a class action waiver that you should read thoroughly.

17 EQUITABLE RELIEF

1. 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.

1. If there is a Dispute between or among Users of the Services, you agree to initiate the Dispute with Pop.Store directly. Pop.Store will take steps to mediate the User Dispute. Pop.Store will keep each party updated as to the status of Disputes by messaging the parties through the accounts on the Service. Notwithstanding Pop.Store’s good faith efforts, some Disputes may not be resolved in a manner that satisfies all parties. Pop.Store’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 Pop.Store, 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

1. 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 Pop.Store needs 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

1. 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.
2. 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

1. We may make the Services available through a mobile application on the Apple App Store (the “App”). 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.
2. You acknowledge and agree that (i) this Agreement is concluded between you and Pop.Store only, and not Apple; and (ii) Pop.Store, 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.
3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. 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 Pop.Store 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 Pop.Store.
5. 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 Pop.Store and Apple, Pop.Store, 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.
6. 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

1. 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.
2. Each party is solely responsible for its employees and contractors used in connection with this Agreement.
3. No failure or delay by Pop.Store 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.
4. 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.
5. This Agreement constitutes the final and complete agreement between you and Pop.Store regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements.
6. Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of this Agreement.

2. Terms which by their nature are intended to survive indefinitely, including, without limitation, the confidentiality, intellectual property, limitations of liability, indemnity, and dispute resolution provisions, shall survive termination of this Agreement and shall apply to you even if you have canceled your account or stopped using the Services,.

Addendum #1:

Pop.Store Payments Service Addendum

The following terms are a binding agreement between you and Pop.Store and govern your use of the Pop.Store Payments 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 Pop.Store Payments 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 Pop.Store Payments Service.

a. Payment Processing Through Our Payment Processor

The Pop.Store Payments Service facilitates payments (“Platform Payments”) between you, the Vendor, and your Buyers on the Pop.Store platform. The Pop.Store Payments Service is offered through Pop.Store’s payment processing partner, Stripe.

In order to use the Pop.Store Payments Service to direct Stripe to send payments through us, you are agreeing to be a Stripe Recipient and are permitting Stripe to take actions based on instructions you give us to give to Stripe. See the terms at: https://stripe.com/legal/connect-account/recipient.

In order to use the Pop.Store Payments Service and accept payments from your customers using Stripe, 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.

Pop.Store is not a party to your agreements with Stripe and does not act as a payment processor in any respect. Accordingly, Pop.Store 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 Pop.Store and Stripe with accurate and complete information about you and your business, and you authorize Pop.Store 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, authorizations, and consents from your customers to allow Pop.Store and its service providers, including Stripe, to collect, use, retain, and disclose the customers’ personal information, including payment data, for purposes of providing services.

You must maintain the security and confidentiality of your payment card, bank account and other financial information and not share such information with any other person. You are solely responsible for maintaining appropriate security measures to protect your account credentials and financial information. 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 unauthorized disclosure or compromise of your personal financial information to any unintended recipients.

Pop.Store 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 Pop.Store (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 Pop.Store.Store’s absolute discretion. By using the Pop.Store Payments Service, you agree to Pop.Store’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. Pop.Store is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor, except to the extent such liability cannot be limited under applicable law. 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 support@pop.store. 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 Pop.Store 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 or other conduct in violation of this Agreement, 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 Pop.Store 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.

Pop.Store 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 Pop.Store Payments 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 Pop.Store or by anyone on its behalf, including but not limited to a third-party collections agent.

c. Additional ACH Authorization

By using the Pop.Store Payments Service, you authorize us (either acting directly or through Stripe on Pop.Store’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 or 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 Pop 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 your 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 Pop.Store Payments 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 Pop.Store Payments 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 Pop.Store Payments 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 Pop.Store Payments Service to facilitate bona fide transactions with your customers on the Pop.Store platform. You may not use the Pop.Store Payments 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 Pop.Store Payments 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.

Pop.Store 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 Pop.Store Payments Service for legitimate transactions with your customers. You know your customers better than we do, and you are responsible for your relationship with them. Pop.Store 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 Pop.Store Payments 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 Good 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 Pop.Store Payments 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. Pop.Store 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 Pop.Store Payments 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 Good 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 Pop.Store Payments 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 Pop.Store) by any Payment Method Provider resulting from your use of our Pop.Store Payments 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 Pop.Store Payments 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, money laundering, terrorist financing, or fraudulent activities or to permit others to use the Pop.Store Payments Service for personal, family or household purposes. You agree to comply with all applicable anti-money laundering laws and regulations.

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, Pop.Store or others to risks unacceptable to Pop.Store. If we suspect or know that you are using or have used the Pop.Store Payments 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 Pop.Store Payments Service.

i. Account Suspension or Termination

If your account is suspended or terminated due to violations of applicable law, credit card association rules, this Agreement (including this Addendum), Pop.Store’s policies (including our Community Guidelines), we reserve the right to place pending funds on hold temporarily while we review recent transactions to determine if any refunds are adjustments need to be made.

j. Term and Termination

This Addendum is effective upon the date you first access or use the Pop.Store Payments Service and continues until terminated by you or us. If you use the Pop.Store Payments 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 Pop.Store Payments Service because of significant fraud or credit risk, or any other risks associated with your account; (ii) you use the Pop.Store Payments 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 Pop.Store Payments 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 Pop.Store Payments Service, or any termination or suspension of the Pop.Store Payments 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 Pop.Store Payments Service prior to termination.

k. 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 Pop.Store Payments 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.

l. Security Interests, Collection, and Set-Off Rights

To the fullest extent permissible by law:

1. 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 Pop.Store Payments Service, and to debit or withdraw funds from any bank account associated with your account.
2. 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

1. 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, regulations, and Payment Method Rules, including without limitation data protection and privacy laws, when handling or maintaining user Data and personal Data.
2. 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.
3. 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 for any losses that result from the use of lost or stolen credentials or accounts, except to the extent such losses are caused by our gross negligence or willful misconduct. 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, Pop.Store 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 Pop.Store 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:

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

1. 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.

2. 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.

3. 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.

4. 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 legal@commentsold.com. 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.

5. 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.

6. 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.
7. 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.
8. 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.
9. 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.
10. 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 legal@commentsold.com.
11. 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 POP.STORE 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.

Addendum #4:

Pop.Store Terms of Service

These Pop.Store Terms of Service (“Pop.Store Terms”) govern your access to and use of the Pop.Store websites, mobile applications, APIs, and services (collectively, the “Pop.Store Services”), which are part of the Services. The Pop.Store Services enable Vendors who are content creators (“Pop.Store Creators”) to offer and sell services and digital content (“Pop.Store Creator Services”) to consumers (“Pop.Store Users”) through creator-managed sites hosted on the Pop.Store Services. Pop.Store Creator Services may include multiple offerings, including subscriptions of varying lengths for access to content and services (“Pop.Store Creator Subscriptions”) and downloadable digital content (“Pop.Store Creator Digital Downloads”).

1. ACCEPTANCE OF TERMS

By accessing or using the Pop.Store Services, you agree to be bound by the Agreement (including, without limitation, Addendum #1: Pop.Store Payments Service Addendum, Addendum #4: Arbitration Agreement and Class Action Waiver, Addendum #6: Standards of Conduct) these Pop.Store Terms, the Agreement Privacy Policy, and our Community Guidelines, found at https://get.pop.store/community-guidelines/. If you do not agree to these terms, do not use the Pop.Store Services. We reserve the right to modify the Pop.Store Terms at any time. These Pop.Store Terms are part of the Agreement (and all Addenda thereto) and do not replace it.

We will provide you with reasonable notice of material changes to the Pop.Store Terms via email or Pop.Store Services before those changes take effect. Continued use of the Pop.Store Services after changes constitutes acceptance of modified Pop.Store Terms.

2. POP.STORE CREATORS

2.1 Eligibility and Account Creation. You must be at least 13 years old to register as a Pop.Store Creator and 18 years old to sell any products or services on Pop.Store. You must provide accurate, complete, and current registration information and keep it updated. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not share your account credentials or transfer your account to another person.

2.2 Membership Plans and Services. Pop.Store offers both free and paid services to Pop.Store Creators. Free services are subject to usage limitations clearly specified in our pricing documentation. Upon exceeding these limitations, you must upgrade to a paid membership to continue using the affected services.

Paid memberships are charged on a monthly basis (“Pop.Store Membership Fee”) and automatically renew until canceled. Current membership rates are available on our pricing page. For certain services, such as Pop.Store Creator Digital Downloads, Pop.Store may charge a commission (“Pop.Store Commission”) on revenue generated through the Pop.Store Services. Commission rates vary by service type and are specified on our pricing page.

2.3 Upgrades and Downgrades. Upon upgrading, including after a free or trial period, you will immediately be billed for your first term period (i.e., the first monthly or longer period). Your Authorized Payment Method will automatically be charged the new rate on your next billing cycle for any upgrade. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher-priced plan during that billing cycle. Downgrades will go into effect on your next billing cycle. There are no refunds or credits for downgrades.

2.4 Payments to Pop.Store and Billing. Membership Fees are charged at the beginning of each billing period. We charge in your local currency where available. For transactions in currencies other than USD, we may charge additional currency conversion fees. Payment must be made using an approved payment method. If your payment method fails, we may suspend your account until payment is successfully processed. We reserve the right to change our fees upon 30 days’ notice. By using the Pop.Store Service, you are agreeing to terms of the Pop.Store Payments Service Addendum found in Addendum #1.

2.5. 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 and will be made pursuant to our policies and schedules in effect at the time of the transaction. Please review our Selling and Getting Paid page for more information.

2.6 Taxes. All fees are exclusive of applicable taxes, including but not limited to sales tax, use tax, value added tax (VAT), goods and services tax (GST), and any other similar taxes that may apply to transactions conducted through the Services, which we will collect and remit as required by law and in accordance with the Agreement.

2.7 Cancellation, No Returns or Refunds. You may cancel your Pop.Store Creator membership at any time through your account settings. Cancellation will take effect at the end of your current billing period. We do not provide refunds or credits for partial billing periods or for any Pop.Store Commission on transactions processed before cancellation, except where required by applicable law. Once you begin to access your Pop.Store Creator membership, you are agreeing to immediate performance of the contract and waive any right of withdrawal, rescission, or cancellation that may otherwise be available to you under local law.

2.8 Sales Using the Services. You are responsible for the items that you sell via Pop.Store. We reserve the right to approve any goods or services that you sell via Pop.Store and, at any time, to reject offerings that violate applicable law, our Community Guidelines or for other purposes.

2.9 Terms of Sale, Refund Policy, Price Increases. You are responsible for posting clear and conspicuous terms of sale that comply with applicable consumer protection laws, including a refund policy, for any goods or services that you sell. You are responsible for all credit card chargebacks that occur on your account and you authorize us to deduct such charges from your account. You must give Pop.Store Users at least 30 days’ advance notice (in a manner prescribed by Pop) of price increases for Pop.Store Creator Subscriptions or other products or services (such as a course) for which payment is made over time and is subject to increases (i.e., is not fixed in advance).

2.10 Creator Obligations. As a Pop.Store Creator, you must comply with our Community Guidelines and applicable laws. You also agree to comply with all other terms and conditions of the Agreement, including that you:

• Are responsible for all content you post or sell and interactions with Users (See Section 3 of the Agreement, among other terms)
• Must have all necessary rights to the content you share or sell (See Section 3 of the Agreement, among other terms)
• May not misrepresent your identity or credentials
• Must handle User data in accordance with our Privacy Policy and applicable laws

Please pay particular attention to: Sections 3 (User Content & Licenses), 6 (Vendor Terms), 8 (Intellectual Property), 8.4 (Usage Rights and Restrictions), and Addendum #5: Standards of Conduct.

3. POP.STORE USERS

3.1 Eligibility. You must be at least 13 years old to use the Pop.Store Services. If you are under 18, you represent that you have obtained the express prior consent of your parent or legal guardian to use the Pop.Store Services and enter into these Pop.Store Terms, and that your parent or legal guardian agrees to be bound by these terms. We reserve the right to require age verification and to suspend accounts where we determine this requirement has not been met.

3.2 Purchases and Transactions. When you purchase Pop.Store Creator Services, you enter into a direct transaction with the Creator. Pop.Store facilitates the transaction but is not a party to it. Such purchases are as-is and we make no warranties about Pop.Store Creator Services and assume no liability for:

• Quality, safety, or legality of Pop.Store Creator Services
• Creator’s ability to deliver the services
• Disputes between Users and Creators
• Refunds or chargebacks

3.3. Pop.Store Creator Subscriptions. You may purchase a Pop.Store Creator Subscription from a Pop.Store Creator on a monthly basis or longer. These Pop.Store Creator Subscriptions will renew for an equal period upon the expiration of the current term. Pop.Store Creators may increase the amount you are charged for a Pop.Store Creator Subscription with notice to you.

3.4. Upgrades and Downgrades. Upon upgrading, Pop.Store Users will immediately be billed for your first term period (i.e., the first monthly period). Your Authorized Payment Method will automatically be charged the new rate on your next billing cycle for any upgrade. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher-priced plan during that billing cycle. Downgrades will go into effect on your next billing cycle. There are no refunds or credits for downgrades.

3.5. Cancellations, No Returns or Refunds. Pop.Store Users may cancel Pop.Store Creator Subscriptions purchased from Pop.Store Creators, with such cancellation going into effect at the end of the current billing cycle. There are no refunds or returns for Pop.Store Creator Subscriptions or Pop.Store Creator Digital Downloads except as required by applicable law. Once you begin to access Pop.Store Creator Subscriptions or download Pop.Store Creator Digital Downloads, you acknowledge that these constitute digital content and/or digital services for which immediate performance begins, and to the extent permitted by applicable law and you agree to immediate performance of the contract and waive any right of withdrawal, rescission, or cancellation that may otherwise be available to you under applicable law.

3.6 Payments When you purchase Pop.Shop Creator Services from a Pop.Store Creator, you authorize us to charge the payment method you have provided. We process payments to Pop.Store Creators in your local currency where available. For non-USD transactions, additional currency conversion fees may apply. All payments must be made through our approved payment processors. We collect and remit applicable taxes as required by law.

3.7 Taxes. All fees are exclusive of applicable taxes, which we will collect and remit as required by law.

4. PROHIBITED CONDUCT

Users and Creators must comply with the Agreement and our Pop.Store Community Guidelines. Prohibited activities (as described more fully in the Agreement and Community Guidelines) include:

• Illegal content or activities
• Harassment or hate speech
• Adult or sexually explicit content
• Intellectual property infringement
• Fraudulent or deceptive practices
• Unauthorized automated access
• Interfering with Pop.Store Services security
• Circumventing Pop.Store Services features

Violations may result in immediate account termination.

5 TERMINATION

5.1 Termination.

We may suspend or terminate your access to the Pop.Store Services for:

• Violations of the Agreement, the Pop.Store Terms or Community Guidelines
• Extended periods of inactivity
• Risk of legal exposure
• At our discretion

Upon termination, you must cease all use of the Pop.Store Services.

6. CONTACT INFORMATION

For questions about these Pop.Store Terms, contact us at: legal@commentsold.com

Addendum #5:

Standards of Conduct

With respect to promotional messages, photos, or other communications made on social media platforms about Pop.Store and its affiliates (the “Pop.Store Affiliates), all creators must adhere to the following standards:

1. 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.

2. 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).
3. 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).
4. FTC: Disclosures 101 for Social Media Influencers (https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers).
5. FTC: Do you endorse things on social media? (https://www.ftc.gov/media/71405).

6. You may not:

   • make deceptive or misleading claims;
   • make any claims about our products or services or our competitors’ products or services that are not backed up by reliable, documented evidence that you have personally reviewed and verified;
   • disclose any of our confidential information;
   • disparage the Pop.Store Affiliates 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 Pop.Store Affiliates;
   • 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 Pop.Store Affiliates’ consumers or other individuals.

7. You must adhere to:

   • the posted policies, guidelines, and terms of use on any platform on which you post content on behalf of Pop.Store Affiliates, and comply with FTC disclosure requirements regarding your connection to Pop.Store Affiliates, understanding that platform-specific disclosure features may not be sufficient to satisfy FTC requirements;
   • any additional guidelines provided by Pop.Store Affiliates.

8. 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
   • posting fake sponsored content.
9. Pop.Store Affiliates reserve the right to request that you take down any Post or other content and you will promptly comply with that request.

10. Your Posts should be authentic and 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 and clearly disclose when your content is sponsored or when you have received any form of compensation or free products from Pop.Store Affiliates.
    • Represent only your own opinions, and not represent that your opinions are those of Pop.Store.

11. 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 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 Pop.Store Affiliates’ competitors.
12. Your Posts must accurately represent your experience with Pop.Store Affiliates’ products or services, including clear and conspicuous disclosure of any material connections between you and Pop.Store Affiliates.