Terms of Use


PopMuse (“PopMuse”) aggregating service (“Service”) provides you with headlines of articles on many different topics that have been posted on websites and blogs around the world and links to the articles themselves (“Feeds”).

Use of Our Service

You may use our Service for your own personal, non-commercial use, provided that you agree with, and comply with, these Terms of Use. Your use of the Service will constitute your agreement with the terms of use described in this document. PopMuse always reserves the right to terminate your access to the Service if you violate these rules and guidelines or for any other reason. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THEN DO NOT USE THE SERVICE.

You may not use the service in a manner that violates any applicable law, regulation or generally accepted practices (including any laws regarding the export of data or software to and from the United States or other relevant countries).

If you establish an account and provide information about yourself as part of the registration process, you agree that all such information will always be accurate, correct and up to date. You should also read our Privacy Policy so that you understand how we use the personally identifiable information you submit to the Service. You, and not PopMuse, are responsible for safeguarding your user name and password. If you become aware of any unauthorized use of your password or your account, you should notify us immediately through this form.

Third Party Materials

Much of the content accessed through the Service has been created by third parties and resides on third party websites. PopMuse is not responsible for any such content and does not moderate, screen, review, approve, endorse or take any measures whatsoever to assure the accuracy or legality of the publications to which it links or the content of those publications.

The content accessed through the Service may contain information, pictures and video that you may find untrue, inappropriate, offensive or just stupid. The Service simply provides links to that information but we do not exercise editorial judgment about which sources of information are the most appropriate for you.

General

PopMuse reserves the right to terminate your access to the Service if you use it inappropriately or for any other reason or even no reason at all. For example, PopMuse prohibits “squatting” (i.e., establishing user names for accounts with the intent to profit from the goodwill of a trademark, trade name or famous name belonging to someone else). We reserve the right to close your account if you do that. We also reserve the right to close your account if you create user names that we deem to be offensive.

PopMuse reserves the right to disclose any information concerning your use of the Service as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

PopMuse reserves the right to remove Feeds which, in its sole discretion, link to content that violates any government law or regulation or the terms of this Terms of Use. PopMuse also reserves the right to remove Feeds for any other reason, in its sole discretion. This could be because PopMuse feels that certain content is obscene, defamatory, otherwise illegal or simply inappropriate for our Service. PopMuse has no obligation to inform you of such removal.

PopMuse owns the Service and we reserve the right to terminate the Service or to delete any page within the Service, with or without notice, when we feel such actions are appropriate.

Disclaimer

THE SERVICE, AND ALL INFORMATION, PRODUCTS, CONTENT AND SERVICES ACCESSED THROUGH OR PROVIDED BY THE SERVICE, ARE MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES CONCERNING THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

PopMuse does not warrant that the Service will operate in an uninterrupted or error-free manner or that the Service is free of viruses or other harmful components. Use of information obtained from or through the Service is at your own risk.

Limitation of Liability

You agree that PopMuse or it’s owners shall not be liable to you for:

  • any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability;
  • any loss or damage arising out of the use or inability to use the Service or any links provided by the Service;
  • any damage attributable to the content you access from the Service, including without limitation, content that is defamatory, obscene, indecent or that you deem inappropriate or offensive;
  • any loss or damage attributable to your reliance on the completeness, accuracy or availability or unavailability of any information you obtain through the Feeds or as a result of any transaction between you and any advertiser or sponsor whose advertising appears on the pages of our Service;
  • any changes we make to the Service or for any temporary or permanent cessation in your access to the Service or any of its features; and
  • any failure to keep your password and account details secure and confidential.

These limitations apply whether or not we have been advised or should have been aware of the possibility of any such losses arising.

Intellectual Property

You acknowledge that PopMuse owns the Service and all intellectual property rights related to it. This includes the copyrights in our web page designs and content, the arrangement and organization of the Feeds, the manner in which the Service does what it does, and the trademarks we use. The Service provides access to third party-published content, and that content is often protected by copyright law. All third party trademarks, service marks, tradenames and logos are the property of their respective owners.

Indemnification

You agree to indemnify and hold PopMuse and its owners harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Service and your access to and use of the Feeds.

Dispute Resolution, Choice of Law and Forum

Any dispute arising out of these Terms of Use your use of the Service will be resolved using the services of the American Arbitration Association (“AAA”) in New York, New York. You consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving New York County, New York as the legal forum for any such dispute. You also agree that PopMuse shall be allowed to apply for injunctive remedies in the courts located in any jurisdiction. The interpretation of the terms in this document shall be governed by the laws of the State of New York, excluding its conflicts of law provisions.

Integration

These Terms of Use constitute the entire agreement between you and PopMuse with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

No Waiver

If PopMuse fails to enforce any legal right or remedy, you agree that such failure will not be deemed a formal waiver of PopMuse’s or its owners’ rights or remedies, and that such rights and remedies will continue to be available to PopMuse and its owners.

Invalidity of Any of These Terms of Use

In the event that any term or requirement in this Terms of Use is found to be invalid or unenforceable, the remaining terms and requirements will continue to be valid and enforceable.

Changes to these Terms of Use

PopMuse reserves the right to modify these Terms of Use at any time and will post the new versions on the web page where you found this one. All changes to these Terms of Use become effective upon posting. It is your responsibility to check this page frequently to become aware of the changes. By continuing to access the Service after any modifications have been published, you agree to be bound by the new or revised terms.

Effective date of Terms of Use: April 1, 2013