These Terms and Conditions (the “Terms”) govern your use of www.popularpays.com (the “Visitor Website”) that is owned by Popular Pays, Inc. (“Popular Pays”, "we", "us", or "our"). By accessing, using, or downloading materials from this Visitor Website you agree to follow and be bound by these Terms. Please note, if you have entered into any agreement, including accepting terms of use or terms of services for our Platform or Services, with us or do so in the future, in case of a conflict between these Terms and that agreement, the agreement will take precedence.

Use of Our Platform and Services

You may use Popular Pays Platform and Services by creating an Account with Popular Pays by accessing www.creators.popularpays.com (the “Creator Website”) or by downloading our mobile application from Apple Store (the “App”). Before you use our Platform or Services you must read and agree to the Creator Terms And Conditions Of Service and our Privacy Policy and any other agreement that is required by us. All rights, title, and interest not expressly granted are reserved.

Jurisdiction

Our Platform and Services, and our Visitor Website, Creator Website, and App are only for use in North America (the “Territory”). Do not create an Account if you reside outside the Territory. When we expand beyond the Territory, we will inform you about the same by reasonable means including updating these Terms.

Children Under the Age of 18

Our Platform and Services, and our Visitor Website, Creator Website, and App is not intended for anyone under 18 years of age. We do not collect knowingly collect information from children under 18 years of age. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected]. If you are under the age of 18, please do not use our Platform or Services, and please do not create an Account.

Feedback

All comments, feedback, information, or materials submitted to us by you through or in association with this Website shall be considered non-confidential and our property. By submitting comments, feedback, information, or materials to Popular Pays, you agree to a free assignment to Popular Pays of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Popular Pays shall be free to use such comments, feedback, information, or materials on an unrestricted basis.

Links to Third-Party Sites

This website may contain hyperlinks to websites controlled by parties other than Popular Pays. Popular Pays is not responsible for and does not endorse or accept any responsibility over the content or use of these websites. Do not open an account with such third parties unless you have read, understand and agree to the privacy policy of such other third-parties.

Copyright Infringement/DMCA Notice

If you believe that any content on our Visitor Website, Creator Website, and/or App violate your copyright, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to our designated Copyright Agent. It is our policy to terminate the accounts of repeat infringers.

Popular Pays Copyright Agent to receive DMCA Takedown Notices is Aana Wherry, Popular Pays, Attn: DMCA Notice, 406 North Aberdeen Street, Chicago, IL 60642. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

Warranties and Disclaimers

The information, software, products, and services contained on this Visitor Website may be out of date or include omissions, inaccuracies or other errors. Except where expressly provided otherwise in an agreement between you and Popular Pays, all information, software, products, and services are provided “as is” without warranty of any kind. Popular Pays hereby disclaims all warranties with respect to this information, software, products, and services, whether express or implied, including the implied warranties of merchant ability and fitness for a particular purpose. In no event shall Popular Pays be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in action in contract or tort, arising from your access to, or use of, this website or any other hyperlinked site. All comments, feedback, information, or materials submitted to us by you through or in association with this Website shall be considered non-confidential and our property. By submitting comments, feedback, information, or materials to Popular Pays, you agree to a free assignment to Popular Pays of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Popular Pays shall be free to use such comments, feedback, information, or materials on an unrestricted basis.

Popular Pays reserves the right to make changes or updates to this website or the products or programs described in this website at any time without notice.

Governing Law, Arbitration, and Jurisdiction

All matters relating to your access to, or use of, this Visitor Website shall be governed by U.S. federal law or the laws of the State of Illinois.

Any dispute, claim or controversy arising out of or relating to these Terms and Conditions, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined by arbitration in the State of Illinois before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. THE PARTIES AGREE THAT THEY ARE WAIVING THEIR RIGHT TO PARTICIPATE IN CLASS ACTION. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You may not access, download, use, or export the information, software, products or services contained on this website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Severability

In the event any provisions of these Terms are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Terms.

Legal Contacts

If you have any questions concerning legal matters, trademarks, copyrights, or patents, contact Popular Pays at [email protected].