Terms of Service

These Terms of Service (“Terms”, “Agreement”) are a binding legal agreement between you and Pop Hosting that govern your right to use the websites, applications, and other offerings from Pop Hosting (collectively, the “Pop Hosting Platform”). When used in these Terms, “Pop Hosting,” “we,” “us,” or “our” refers to the Pop Hosting, Inc. You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a Member of our website, Pop Hosting.com, or any part of the Site or Site Services (as defined herein). By agreeing to our Terms of Service, you also agree to the Pop Hosting Code of Conduct and Community Standards.

The Pop Hosting Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer activities and events (“Sessions”), and a variety of other services (collectively, “Host Services,” and each Host Service offering, a “Listing”).

You must register an account to access and use many features of the Pop Hosting Platform, and must keep your account information accurate. As the provider of the Pop Hosting Platform, Pop Hosting does not own, control, offer or manage any Listings or Host Services. Pop Hosting is not a party to the contracts entered into directly between Hosts and Guests, nor is Pop Hosting a broker, agency, or insurer. Pop Hosting is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Pop Hosting’s role see Section 16.

This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Privacy Policy, Cookie Policy, Additional Terms for Hosts, Payments Terms of Service, Pop Hosting Off-Platform Policy, and Nondiscrimination Policy.

BY CHECKING THE “I AGREE TO THE TERMS OF SERVICE” BOX OR (I) ACCESSING OR USING ANY PART OF THE SERVICES, OR (II) INITIATING ANY TRANSACTION ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION IN SECTION 14 OF THIS AGREEMENT (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED IN SECTION 14). IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF SERVICE.

If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.

1. Definitions

“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Pop Hosting.

“Community” the collective visitors, members, and extended people that interact with the Pop Hosting Platform or advance the Pop Hosting Mission.

“Conference Details” means the access credentials, timing, and provider of the teleconference solution used to host a Session.

“Confidential Information” means any material or information provided to, or created by, a Member to evaluate the suitability of another Member for Host Services, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that is known to the public or that: (a) is generally known by third parties as a result of no act or omission of the Host or Guest; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by a Member prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by a Member without use of another person’s Confidential Information.

“Engagement” means an engagement for Host Services, the terms of which have been agreed upon by Members on the Pop Hosting Platform.

“Guest” means members who search for, book, or use services on the Pop Hosting Platform.

“Host” means members who publish and offer services on the Pop Hosting Platform.

"Host Profile” means the collective profile for the Services offered by a Host. 

“Host Services” is a collective term for the activities and events (“Sessions”), and variety of other services offered by Hosts.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

"Listing” means the collective profile for the Services offered by a Host.

“Member Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or Member post to any part of the Site or provide to Pop Hosting, including such information that is posted as a result of questions.

“Members” means users of the Pop Hosting Platform and related services.

“Payment Method” means a valid credit card issued by a bank acceptable to Pop Hosting, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Pop Hosting may accept from time to time in our sole discretion.

“Pop Hosting App” means the online platform accessed using Pop Hosting’s downloaded application or other software that enables time tracking and invoicing, chat, and screenshot sharing with and between Members.

“Pop Hosting Platform” means, collectively, our website located at www.Pop Hosting.com, all affiliated websites, including mobile websites and Pop Hosting Mobile Applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates.

“Profile” information which consists of information about a Member, and may include Personal Information, photographs, examples of your work, your experience, skills, tests taken, test scores, hourly pay rates, feedback/rating information, and other information, including Members username.

“Public Site Services” means, collectively, all services, applications and products that are accessible by any Site Visitor who has not become a Member through the Site, to the extent they are accessible by a Site Visitor who has not become a Member.

“Refund” means the reimbursement of fund to Guests who book and pay for a Session through the Pop Hosting Platform and suffer a Session Disruption.

“Request” means to ask for a Session reservation with a Host via the Pop Hosting Platform.

“Reservation” means the contract for Host Services formed directly between a Guest and Host after a booking.

“Sessions” means the online activities, workshops, mentorship, tutoring, coaching services provided by Pop Hosting Hosts.

“Session Disruption”, means any of the following: (a) the Host of a Session (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Session (e.g. does not provide adequate access to join the Session conference); (b) the Listing’s description is materially inaccurate with respect to representations made by Hosts (e.g., host qualifications, work experience); (c) the Host fails to carry out the booked Session or arrives more than 15 minutes past the stated start time, causing the Guest to abandon the Session; (d) the guest cannot attend or a Host cannot lead the Session because of technical difficulties, including audio or visual issues.

“Session Product” means any tangible or intangible results or deliverables that Hosts agrees to create for, or actually delivers to, Guests as a result of performing a Host Services.

“Site” means, collectively, our website located at www.Pop Hosting.com, all affiliated websites, including mobile websites and Pop Hosting Mobile Applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates.

“Site Services” means, collectively, all services, applications and products that are accessible through the Site, including the Public Site Services, and all Pop Hosting Mobile Applications.

“Substantial Change” means a change to the terms of the Terms of Service that reduces your rights or increases your responsibilities.

“Total Price” means all charges for a booking including the Listing price, applicable fees like Pop Hosting’s service fee, offline fees, taxes, and any other items identified during checkout.

“You” means any person who accesses our Site, including a Site Visitor or Member and including any entity or agency on whose behalf any such person accesses or uses our Site.

2. Pop Hosting Accounts

2.1 General

You must register an account to access and use many features of the Pop Hosting Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Pop Hosting Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Pop Hosting if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

2.2 Registeration and acceptance

By registering for an account to use the Pop Hosting Platform (an “Account”), by using the Pop Hosting Platform after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Pop Hosting Platform, you agree to abide by the terms and conditions contained herein. To access and use certain portions of the Pop Hosting Platform, you must register for an Account. Subject to the Terms of Service, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Pop Hosting reserves the right to decline a registration to join Pop Hosting or to add an Account type as a Guest or Host, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.

2.4 Account profile

To register for an Account to join the Pop Hosting Platform, you must complete a Member profile (“Profile”), which you consent to be shown to other Members and, unless you change your privacy settings, the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Pop Hosting Platform or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your skills, or the services you provide and to correct any such information that is or becomes false or misleading.

2.5 Account permissions

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Members permissions under your Account, including as a co-host, you represent and warrant that (a) the Member is authorized to act on your behalf, (b) you are financially responsible for the members’ actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any Member under your Account. who uses the Account.

2.6 Identity and location verification

You authorize Pop Hosting, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business.

2.7 Usernames and passwords

When you register for an Account, you will be asked to choose an authentication method (i.e. Google Authentication, email and password) and username for your Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your authentication credentials and agree not to share them with any person who is not authorized to use your Account. You authorize Pop Hosting to assume that any person using the Pop Hosting Platform with your credentials, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your Account. You further agree not to use the Account or log in with the username and password of another Member of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.

3. Pop Hosting Guest Terms

3.1 Searching and Booking on Pop Hosting

3.1.1 Searching

You can search for Host Services by using criteria like the type of Host Service, Session times, Session dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous Sessions, Host requirements, and more. Learn more about search results in our Help Center.

3.1.2 Booking

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like the Pop Hosting service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Pop Hosting may charge the Payment Method (as defined in the Payment Terms of Service) used to book the Listing in order to collect Damage Claim (as defined in Section 15) amounts. When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

3.1.3 Reservations for Sessions and Other Host Services

A Session or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.

3.2 Cancellations, Travel Issues, Refunds and Booking Modifications

3.2.1 Cancellations, Travel Issues, and Refunds

In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Session Disruption (as defined in our Guest Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Guest Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation.

3.2.2 Booking Modifications

Guests and Hosts are responsible for any booking modifications they agree to make via the Pop Hosting Platform or direct Pop Hosting customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

3.3 Your Responsibilities and Assumption of Risk

3.3.1 Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Session, Listing or other Host Service. For example, this means you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Session, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

3.3.2 Your Assumption of Risk

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Pop Hosting Platform and any Content (as defined in Section 10), including your participation in any Session, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.

4. Pop Hosting Host Terms

4.1 Hosting on Pop Hosting

4.1.1 Host

As a Host, Pop Hosting offers you the right to use the Pop Hosting Platform to share your Session, Listing, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.

4.1.2 Contracting with Guests

When you accept a booking request, or receive a booking confirmation through the Pop Hosting Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Pop Hosting’s service fee (and applicable taxes) for each booking. Pop Hosting will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

4.1.3 Independence of Hosts

Your relationship with Pop Hosting is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Pop Hosting, except that Pop Hosting acts as a payment collection agent as described in the Payments Terms. Pop Hosting does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

4.2 Managing Your Listing

4.2.1 Creating and Managing Your Listing

The Pop Hosting Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like equipment fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. Any offer of a Session is subject to our Additional Terms for Experience Hosts.

4.2.2 Know Your Legal Obligations

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as, preparing food, serving alcohol for sale, guiding tours). In some places, the Host Services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

4.2.3 Search Ranking

The ranking of Listings in search results on the Pop Hosting Platform depends on a variety of factors, including these main parameters:

• Guest search parameters (e.g. number of Guests, time and duration of the Session, price range),

• Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, average Guest popularity),

• Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),

• Host requirements (e.g. minimum or maximum number of bookies, booking cut-off time), and

• Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).

• Search results may appear different on our mobile application than they appear on our website. Pop Hosting may allow Hosts to promote their Listings in search or elsewhere on the Pop Hosting Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Support Center.

4.2.4 Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Pop Hosting Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Pop Hosting Platform in violation of our Off-Platform Policy.

4.2.5 Hosting as a Team or Organization

If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Pop Hosting to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

4.2.6 Your Assumption of Risk

You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Pop Hosting Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Pop Hosting Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Pop Hosting.

4.3 Cancellations, Travel Issues, and Booking Modifications

4.3.1 Cancellations and Travel Issues

In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Session Disruption (as defined by the Guest Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation.

If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Pop Hosting exceeds your payout, Pop Hosting may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Pop Hosting’s Guest Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host a Session please note that the Cancellation Policy, Guest Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation.

4.3.2 Booking Modifications

Hosts and Guests are responsible for any Booking Modifications they agree to make via the Pop Hosting Platform or direct Pop Hosting customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

4.4 Taxes

4.4.1 Host Taxes

As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").

Hosts acknowledge and agrees that Hosts are solely responsible (a) for all tax liability associated with payments received through the Pop Hosting Platform, and that Pop Hosting will not withhold any taxes from payments to Hosts; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Host is not covered by or eligible for any insurance from Pop Hosting; (c) for determining whether Host is required by applicable law to issue any particular invoices for the Host Fees and for issuing any invoices so required; (d) for determining whether Host is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Host Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Pop Hosting is required by applicable law to withhold any amount of the Host and for notifying Pop Hosting of any such requirement and indemnifying Pop Hosting for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest).

In the event of an audit of Pop Hosting, Host agrees to promptly cooperate with Pop Hosting and provide copies of Host’s tax returns and other documents as may be reasonably requested for purposes of such audit, at its own expense, including but not limited to records showing Host is engaging in an independent business as represented to Pop Hosting.

4.4.2 Collection and Remittance by Pop Hosting

In jurisdictions where Pop Hosting facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Pop Hosting to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Pop Hosting are identified to Members on their transaction records, as applicable. Pop Hosting may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Pop Hosting is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

4.4.3 Tax Information

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Pop Hosting may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, your Guests, and/or their organizations.

5. General terms

5.1 Pop Hosting Relationship

The Pop Hosting Platform is a marketplace where Guest and Hosts can identify each other and advertise, buy, and sell Host Services online. Subject to the Terms of Service, Pop Hosting provides the Pop Hosting Platform to Members, including hosting and maintaining the Site, facilitating Engagements between Members, and assisting Members in resolving disputes which may arise in connection with those Engagements Members are required to pay for owed for any agreed upon Engagements facilitated by the Pop Hosting Platform.

Pop Hosting merely makes the Pop Hosting Platform available to enable Member to find and transact directly with each other. Pop Hosting does not introduce Hosts to Guest, find Guests for Hosts, or find Hosts for Guests. Through the Pop Hosting Platform, Hosts may be notified of Guests that may be seeking the services they offer, and Guests may be notified of Hosts that may offer the services they seek; at all times, however, Members are responsible for evaluating and determining the suitability of any Project, Guest or Host on their own. The terms between Members with regard to any Engagement is directly between the Members and Pop Hosting is not a party to any contract between Hosts and Guests.

Members are solely responsible for (a) ensuring the accuracy and legality of any Member Content, (b) determining the suitability of Hosts for an Engagement (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of any Engagement, (d) performing and receiving Host Services, or (e) paying for Host Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Engagement with another Member and for verifying any information about another Member, including Composite Information (defined below).

Pop Hosting does not make any representations or warranty regarding the truth or accuracy of any Hosts Listings or other Member Content on the Site; does not verify any feedback or information provided by Members about Hosts or Guests; and does not vet or otherwise perform background checks on Hosts or Guests. You acknowledge, agree, and understand that Pop Hosting does not, in any way, supervise, direct, control, or evaluate Hosts or their work and is not responsible for any Engagement, Engagement terms or Session Product. Pop Hosting makes no representations about and does not guarantee, and you agree to hold Pop Hosting harmless for, the quality, safety, or legality of Host Services; the qualifications, background, or identities of Members; the ability of Hosts to deliver Host Services; the ability of Guests to pay for Host Services; Member Content, statements or posts made by Members; or the ability or willingness of a Guest or Host to actually complete a transaction. 

You also acknowledge, agree, and understand that Hosts are solely responsible for determining, and have the sole right to determine, which Engagement Requests to accept; the time, place, manner, and means of providing any Host Services; the type of Services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Pop Hosting, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Pop Hosting will not have any liability or obligations under or related to any Engagements and/or Host Services for any acts or omissions by you or other Members; (iii) Pop Hosting does not, in any way, supervise, direct, or control any Host or Host Services; and does not dictate the performance, methods or process Host uses to perform services; (iv) Hosts are free to determine when and if to perform Host Services, including the days worked and time periods of work, and Pop Hosting does not set or have any control over Host’s pricing, work hours, work schedules, or work location, nor is Pop Hosting involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Host for an Engagement; (v) Host will be paid at such times and amounts as agreed with a Guest for a given Engagement and Pop Hosting does not, in any way, provide or guarantee Host a regular salary or any minimum, regular payment; (vi) Pop Hosting does not provide Hosts with training or any equipment, labor, tools, or materials related to any Engagement; and (vii) Pop Hosting does not provide the premises at which Hosts will perform the work. If a Host uses subcontractors or employees, Host further agrees and acknowledges that this paragraph applies to Pop Hosting’s relationship, if any, with Host’s subcontractors and employees as well and Host are solely responsible for Host’s subcontractors and employees.

Nothing in this Agreement is intended to prohibit, limit or discourage (nor should be construed as prohibiting, limiting or discouraging) any Member from engaging in any other business activities or providing any services through any other channels they choose. Members are free at all times to engage in such other business activities and services.

5.2 Feedback and Member content

You hereby acknowledge and agree that Members publish and request Pop Hosting to publish on their behalf information on the Site about Members, such as feedback, composite information, and/or geographical location, identity, or credentials. However, such information is based solely on unverified data that Guests or Hosts voluntarily submit to Pop Hosting and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Pop Hosting; Pop Hosting provides such information solely for the convenience of Members.

You acknowledge and agree that Member feedback benefits the marketplace, all Members, and the efficiency of the Pop Hosting Platform and you specifically request that Pop Hosting post composite or compiled feedback about Members, including yourself, on Member Profiles and elsewhere on the Pop Hosting Platform.

You acknowledge and agree that feedback results for you, including your Session Success Score, wherever referenced, and other Member Content highlighted by Pop Hosting on the Pop Hosting Platform or otherwise (“Composite Information”), if any, will include Member comments, Member ratings, indicators of Member satisfaction, and other feedback left exclusively by other Members. You further acknowledge and agree that Pop Hosting will make Composite Information available to other Members, including composite or compiled feedback. Pop Hosting provides its feedback system as a means through which Members can share their opinions of other Members publicly, and Pop Hosting does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User in violation of applicable laws.

Pop Hosting does not generally investigate any remarks posted by Members or other Member Content for accuracy or reliability and does not guarantee that Member Content is accurate. You are solely responsible for your Member Content, including the accuracy of any Member Content, and are solely responsible for any legal action that may be instituted by other Members or third parties as a result of or in connection with your Member Content if such Member Content is legally actionable or defamatory. Pop Hosting is not legally responsible for any feedback or comments posted or made available on the Site by any Members or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Members from abuse, Pop Hosting reserves the right (but is under no obligation) to remove posted feedback or information that, in Pop Hosting’s sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Pop Hosting. You acknowledge and agree that you will notify Pop Hosting of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, Pop Hosting may rely on the accuracy of such information.

5.3 Reviews

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Pop Hosting for accuracy and may be incorrect or misleading.

5.4 Content

Parts of the Pop Hosting Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Pop Hosting a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Pop Hosting pays for the creation of Content or facilitates its creation, Pop Hosting may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Pop Hosting the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Pop Hosting may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Pop Hosting does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

5.5 Pop Hosting Fees

5.5.1 General

Pop Hosting may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Pop Hosting Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Pop Hosting Platform, service fees are non-refundable. Pop Hosting reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.

5.5.2 Service fees for Hosts

To receive payments through the Pop Hosting Platform, Hosts will need to establish a Payout Account and provide their bank account and social security/employer identification number and other requested information to create a connected payment account (“Connected Account”). Host must agree to the Pop Hosting Payments Terms of Service and Additional Terms for Hosts. Hosts must agree to receive both credit card, debit card and ACH payments. As a condition of enabling payment-processing services through Pop Hosting, you agree to provide accurate and complete information, and you authorize Pop Hosting to share it and transaction information related to your use of the payment processing services provided. All payments processed through Stripe are subject to deduction of Stripe’s payment processing fee in effect at the time of the transaction.

5.5.3 Pop Hosting service fees

All payments processed through the Pop Hosting Platform shall be subject to a Service Fee. The amount charged by Pop Hosting, is calculated as a percentage of the fees to be paid by Guests for each transaction paid through the Platform. The Service Fee shall be calculated in accordance with the Payments Terms of Service and Pop Hosting Service Fees policy. Pop Hosting reserves the right to modify these terms and policies at any time, in its sole and absolute discretion.

5.5.4 VAT and other taxes

Pop Hosting may be required by applicable law to collect taxes or levies including, without limitation, withholding income tax or VAT (while some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST and any local sales taxes collectively as “VAT”) in the jurisdiction of the Host (the "Taxes"). In such instances, any amounts Pop Hosting is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to Pop Hosting under the Terms of Service.

5.1.5 No fee for introducing or finding projects

Pop Hosting does not introduce Guests to Hosts and does not help Hosts secure Sessions. Pop Hosting merely makes the Site and Site Services available to enable Guests to do so themselves and may from time to time highlight Host and/or Services that may be of interest. Therefore, Pop Hosting does not charge a fee when a Guest finds a suitable Host or engages in a Session. In addition, Pop Hosting does not charge any fee or dues for posting public feedback and composite or compiled feedback, including Composite Information.

6. Pop Hosting Platform Rules

6.1 Rules

You must follow these rules and must not help or induce others to break or circumvent these rules.

• Act with integrity and treat others with respect

  • Do not lie, misrepresent something or someone, or pretend to be someone else.

  • Be polite and respectful when you communicate or interact with others.

  • Follow our Nondiscrimination Policy and do not discriminate against or harass others.

• Do not scrape, hack, reverse engineer, compromise or impair the Pop Hosting Platform

  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Pop Hosting Platform.

  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Pop Hosting Platform or Content.

  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Pop Hosting Platform.

  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Pop Hosting Platform.

• Only use the Pop Hosting Platform as authorized by these Terms or another agreement with us

  • You may only use another Member’s personal information as necessary to facilitate a transaction using the Pop Hosting Platform as authorized by these Terms.

  • Do not use the Pop Hosting Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.

  • You may use Content made available through the Pop Hosting Platform solely as necessary to enable your use of the Pop Hosting Platform as a Guest or Host.

  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.

  • Do not request, make, or accept a booking or any payment outside of the Pop Hosting Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.

  • Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Pop Hosting.

  • Do not engage in any practices that are intended to manipulate our search algorithm.

  • Do not book Host Services unless you are actually using the Host Services.

  • Do not use, copy, display, mirror or frame the Pop Hosting Platform, any Content, any Pop Hosting branding, or any page layout or design without our consent.

• Honor your legal obligations

  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.

  • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

  • Read and follow our Terms, Additional Legal Terms, Policies, and Standards.

  • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.

  • Do not use the name, logo, branding, or trademarks of Pop Hosting or others without permission.

  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Pop Hosting branding.

  • Do not offer Host Services that violate the laws or agreements that apply to you.

  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

6.2 Reporting Violations

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Pop Hosting. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Pop Hosting. If you reported an issue to local authorities, Pop Hosting may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

6.3 Copyright Notifications

If you believe that Content on the Pop Hosting Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

7. Resolving Complaints and Damage Claims

If a Member provides valid evidence that you, your guest(s), or your pet(s)damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Pop Hosting and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Pop Hosting and Pop Hosting determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Pop Hosting can collect the amount of the Damage Claim from you.

You agree that Pop Hosting may seek to recover from you under any insurance policies you maintain and that Pop Hosting may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Pop Hosting requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.

8. Pop Hosting’s Role

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Pop Hosting, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Pop Hosting has the right, but does not have any obligation, to monitor the use of the Pop Hosting Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Pop Hosting Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Pop Hosting administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Pop Hosting in good faith, and to provide Pop Hosting with such information and take such actions as may be reasonably requested by Pop Hosting with respect to any investigation undertaken by Pop Hosting regarding the use or abuse of the Pop Hosting Platform. Pop Hosting is not acting as an agent for any Member except for where Pop Hosting acts as a collection agent as provided in the Payments Terms.

9. Worker Classification

Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Pop Hosting and Member, Guests, or Hosts. Guests are solely responsible for and have complete discretion with regard to selection of Host Services.

10. Contractual relationship between Guests and Hosts

10.1 Project terms

If a Guest and Host decide to enter into an Engagement, the Engagement is a contractual relationship directly between the Guest and Host. Guests and Hosts have complete discretion both with regard to whether to enter into a Engagement with each other and with regard to the terms of any Engagement. You acknowledge, agree, and understand that Pop Hosting is not a party to any Engagement and that the formation of a Engagement between Members will not, under any circumstance, create an employment or other service relationship between Pop Hosting and any Host or a partnership or joint venture between Pop Hosting and any Member. 

With respect to any Engagement, Hosts and Guests may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Pop Hosting’s rights and obligations under the Terms of Service.

10.2 Disputes among Members

For disputes arising between Members, you agree to abide by the dispute process mentioned in Section 21 of these Terms. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Pop Hosting will not and is not obligated to provide any dispute assistance beyond what is states in these terms.

If Member intends to obtain an order from any arbitrator or any court that might direct Pop Hosting or our Affiliates to take or refrain from taking any action with respect to a Pop Hosting Account, that party will (a) give us at least thirty (30) business days’ prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting Pop Hosting or we be paid in full for any amounts to which we would otherwise be entitled; and (c) be paid for the reasonable value of the services to be rendered pursuant to such order.

10.3 Confidential information

If and to the extent that the Members do not articulate any different agreement, then they agree that this Section 4.3 (Confidentiality) applies to each Project agreed to by Members.

To the extent a Member provides Confidential Information to the other, the recipient will take all reasonable steps to protect the confidentiality , and avoid the disclosure of, the disclosing party’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a Member’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

10.4 Third-party beneficiaries

It is the intent of the Parties to this Agreement that Members who have entered into Projector disclosed or received Confidential Information to another Member are third-party beneficiaries of this Agreement with respect to this Section 3 only.

10.5 Session product and intellectual property rights

All rights, title, and interest in and to all Session Product and all Intellectual Property Rights in any form which arise from the Host Services are, from the moment of inception or creation, hereby assigned and transferred from Host and Pop Hosting exclusively to Guests.

11. Termination, Suspension and other Measures

11.1 Term

The agreement between you and Pop Hosting reflected by these Terms is effective when you access the Pop Hosting Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

11.2 Termination

You may terminate this agreement at any time by sending us an email or by deleting your account. Pop Hosting may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Pop Hosting may also terminate this agreement immediately and without notice and stop providing access to the Pop Hosting Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Pop Hosting, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

In the event you properly terminate this Agreement, your right to use the Pop Hosting Platform is automatically revoked, and your Account will be closed. Pop Hosting is not a party to any Reservation between Members. Consequently, you understand and acknowledge that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Reservation entered into between Members.

If you attempt to terminate this Agreement while having one or more open Reservations, Host Services, or Sessions, at the discretion of Pop Hosting: 1) you may be bound by this Agreement until all open Reservations have closed on the Site; 2) Pop Hosting may continue to perform those Reservations, Host Services, or Session necessary to complete any open Project or related transaction between you and another Member; and 3) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Reservations, Host Services, or Sessions, whichever is later, to Pop Hosting pursuant to the terms of this Agreement.

Without limiting Pop Hosting’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Pop Hosting Platform, deny your registration, or permanently revoke your access to the Pop Hosting Platform if: (i) you breach the letter or spirit of any terms and conditions of this Agreement; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Members, or Pop Hosting or our Affiliates; may be contrary to the interests of the Pop Hosting Platform or the Member community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Pop Hosting Platform under the same Account or a different Account or reregister under a new Account without Pop Hosting’s prior written consent. If you attempt to use the Pop Hosting Platform under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.

You acknowledge and agree that the value, reputation, and goodwill of the Pop Hosting Platform depends on transparency of Members’ account status to all members, including both yourself and other Members. You therefore agree as follows: If Pop Hosting decides to temporarily or permanently close your account, Pop Hosting has the right where allowed by law but not the obligation to: 1) Notify other Members that have past, current, future reservations with you and inform them of your closed account status, 2) provide those Members with a summary of the reasons for your account closure. You agree that Pop Hosting will have no liability arising from or relating to any notice that it may provide to any Member regarding closed account status or the reason(s) for the closure.

11.3 Member Violations

If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Pop Hosting believes it is reasonably necessary to protect Pop Hosting, its Members, or third parties; Pop Hosting may, with or without prior notice:

• suspend or limit your access to or use of the Pop Hosting Platform and/or your account;

• suspend or remove Listings, Reviews, or other Content;

• cancel pending or confirmed bookings; or

• suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Pop Hosting determines in its sole discretion, you will be given notice of any intended measure by Pop Hosting and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.

11.4 Legal Mandates

Pop Hosting may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.

11.5 Effect of Termination

Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site. Any closure of your Account may involve deletion of any content stored in your Account for which Pop Hosting will have no liability whatsoever. Pop Hosting, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.

If you are a Host and terminate your Pop Hosting account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Pop Hosting Platform has been limited, or your Pop Hosting account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Pop Hosting Platform through an account of another Member.

11.6 Survival

After this Agreement terminates, the terms that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect, including, but not limited to, arbitration, audits, indemnification, payment of fees and reimbursement, limitation of liability, governing law, each, by their nature, contemplate performance or observance after this Agreement terminates. The termination of this Agreement for any reason will not release you or Pop Hosting from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

12. Non-Circumvention

12.1 Making payments through Pop Hosting

You acknowledge and agree that a substantial portion of the compensation Pop Hosting receives for making the Pop Hosting Platform available to you is collected through the Service Fee described in Section 5.1 and that in exchange a substantial value to you is the relationships you make with other Members when you identify or are identified by another person through the Pop Hosting Platform (the “Pop Hosting Relationship”). 

Pop Hosting only receives the Service Fee when a Host and a Guest pay and receive payment through the Pop Hosting Platform. Therefore, except as set out in Section 7.2, for 24 months from the start of an Pop Hosting Relationship (the “Non-Circumvention Period”), you agree to use the Pop Hosting Platform as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person or arising out of your relationship with that person and not to circumvent the Payment Methods offered on the Pop Hosting Platform unless you pay a fee to take the relationship off of the Pop Hosting Platform (the “Conversion Fee”). 

For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another person through the Site, such as if you and another Member worked together before meeting on the Site, then the Non-Circumvention Period does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business or its successor when acting in that capacity with respect to the other Member. By way of illustration and not in limitation of the foregoing, you agree not to:

• Offer or solicit or accept any offer or solicitation from parties identified through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Pop Hosting Platform.

• Invoice or report on the Pop Hosting Platform or in a Conversion Fee request an invoice or payment amount lower than that actually agreed, made, or received between Users.

• Refer a Member you identified on the Pop Hosting Platform to a third-party who is not a Member of the Site for purposes of making or receiving payments other than through the Pop Hosting Platform.

You agree to notify Pop Hosting immediately if a person suggests to you making or receiving payments other than through the Pop Hosting Platform in violation of this Section 7 or if you receive unsolicited contact outside of the Pop Hosting Platform. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Pop Hosting using the email hello@popless.com.

You acknowledge and agree that a violation of any provision in this Section 7.1 is a material breach of the Terms of Service. Your Account may be permanently suspended and charged the Conversion Fee (defined above) if you violate this Section 7.1. If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Pop Hosting Platform, and therefore choose to cease using the Pop Hosting Platform, you may pay the Conversion Fee for each other Member you wish to continue working with on whatever terms you agree after you cease using the Pop Hosting Platform.

12.2 Communicating through the site

For Members subject to this Section 7.2, Members agree to use the communication services available on the Pop Hosting Platform to communicate with other Pop Hosting Platform prior to entering into a Engagement. You agree that prior to entering into a Engagement, you (a) will use Pop Hosting as the sole manner to communicate with other Members; (b) will not provide your Means of Direct Contact (defined below) to any other Member or another person that you identified or were identified by through the Pop Hosting Platform; (c) will not use Means of Direct Contact of another Member to attempt to or to communicate with, solicit, contact, or find the contact information of a Member outside of the Pop Hosting Platform; (d) will not ask for, provide, or attempt to identify through public means the contact information of another Member; and (e) you will not include any Means of Direct Contact (defined below) or means by which your contact information could be discovered in any profile, Listing, or pre-hire communication through the Pop Hosting Platform’s communications services (including in each case in any attached file), except as otherwise provided on the Pop Hosting Platform.

For purposes of the Terms of Service “Means of Direct Contact” means any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system or means to submit a proposal or application outside of the Pop Hosting Platform, or any information that would enable a member to contact you on social media or other website or platform or application that includes a communications tool, such as Skype, Slack, WeChat, or Facebook. For the avoidance of doubt, information is a Means of Direct Contact if it would enable another member to identify any of the information above through other sources, such as going to a website that included an email address or identifying you on social media, such as through Facebook or LinkedIn.

You acknowledge and agree that a violation of any provision of this Section 7.2 is a material breach of the Terms of Service. Your Account may be permanently suspended if you violate this Section 7.2.

​​12.3 Opting out

You may opt out of the obligations in Section 7.1 with respect to each Pop Hosting Relationship only if the Host or Guest pays Pop Hosting a Conversion Fee which is a minimum of $1,000 USD and up to $50,000 USD for each Pop Hosting Relationship.

You agree that the Conversion Fee is 12% of the estimated earnings over a twelve (12) month period, which is calculated by taking the Hourly Rate (defined below) and multiplying it by 2,080. “Hourly Rate” means the highest of (a) the highest hourly rate charged by the Host on any Service Contract, if any; (b) the highest hourly rate proposed by the Host in any proposal, if any; or (c) the hourly rate in the Host's profile.

The Conversion Fee may be calculated differently for Pop Hosting Relationships when the Client is an Enterprise Client if the Enterprise Client contract with Pop Hosting provides for different terms. To inquire about or pay the Conversion Fee, send an email message to hello@popless.com.

You understand and agree that if Pop Hosting determines, in its sole discretion, that you have violated Section 7, Pop Hosting or its Affiliates may, to the maximum extent permitted by law (x) charge your Payment Method the Conversion Fee (including interest) if permitted by law or send you an invoice for the Conversion Fee (including interest), which you agree to pay within 30 days, (y) close your Account and revoke your authorization to use the Pop Hosting Platform, and/or (z) charge you for all losses and costs (including any and all time of Pop Hosting’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

12. Records of compliance

members will each: 1) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (2) provide copies of such records to Pop Hosting upon request. Nothing in this subsection requires or will be construed as requiring Pop Hosting to supervise or monitor a User’s compliance with this Agreement. You are solely responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Pop Hosting’s part to store, backup, retain, or grant access to any information or data for any period.

13. Warranty disclaimer

We provide the Pop Hosting Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Pop Hosting Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Pop Hosting has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, Pop Hosting disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties or merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you. Section 12 (Agreement term and termination) states member’s sole and exclusive remedy against Pop Hosting with respect to any defects, non-conformances, or dissatisfaction.

14. Limitation On Liability

Neither Pop Hosting (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Pop Hosting Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Pop Hosting Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Pop Hosting Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Pop Hosting has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Pop Hosting is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Site, Site Services and/or this Terms of Service, including, but not limited to:

• your use of or your inability to use our Site or Site Services;

• delays or disruptions in our Site or Site Services;

• viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;

• glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;

• damage to your hardware device from the use of the Site or Site Services;

• the content, actions, or inactions of third parties’ use of the Site or Site Services;

• a suspension or other action taken with respect to your Account;

• your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and

• your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

Additionally, in no event will Pop Hosting, its parents, subsidiaries, employees, officers, agents, attorneys affiliates, licensors, or third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. The liability of Pop Hosting, our affiliates, our licensors, and our third-party service providers to any member for any claim arising out of or in connection with this agreement or the other terms of service will not exceed the lesser of: (a) $2,500; or (b) any fees retained by Pop Hosting with respect to any project on which member was involved as Guest or Host during the six-month period preceding the date of the claim. These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this agreement or the other terms of service, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose.

Except for our obligation to transmit payments to Hosts under these Terms, in no event will Pop Hosting’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Pop Hosting Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and Pop Hosting. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

15. Release

In addition to the recognition that Pop Hosting is not a party to any contract between Members, you hereby release Pop Hosting, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another Member, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Host Services provided to Guests by Hosts and requests for refunds based upon disputes.

To the extent applicable, you hereby waive the protections of California civil code § 1542 (and any analogous law in any other applicable jurisdiction) which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release will not apply to a direct claim by a Member against Pop Hosting that it has failed to meet its obligations under this Agreement.

16. Indemnification

You will indemnify, defend, and hold harmless Pop Hosting, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other Member against an Indemnified Party relating to or arising out of: 

(a) the use of the Pop Hosting Platform by you or your agents, including any payment obligations or default (described in Section 6.4 (Non-Payment)) incurred through use of the Pop Hosting Platform; 

(b) any Session or Reservation agreed upon between you, your agents, and any Member, 

(c) the classification of Pop Hosting as an employer or joint employer of any Member, including, but not limited to any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; 

(d) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards; (d) failure to comply with applicable law by you or your agents; 

(e) negligence, willful misconduct, or fraud by you or your agents; 

(f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents; 

(g)your breach of any laws, regulations or third party rights such as intellectual property or privacy rights;

(h) your failure, or our failure at your direction, to accurately report, collect or remit Taxes;

(i) your interaction with any Member, participation in a Session or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation, or use.

For purposes of this Section 16, your agents includes any person who has apparent authority to access or use your account demonstrated by using your Account Credentials.

“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other Member against an Indemnified Party.

“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other Member.

17.  Modification

Subject to the conditions set forth herein, Pop Hosting may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Pop Hosting will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by Pop Hosting, Pop Hosting will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”). If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Pop Hosting Platform will constitute acceptance of the revised Terms.

18. Governing Law and Venue

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

19. Licenses And Third-party Content 

19.1 Pop Hosting’ provision of the site and limited site licence

Pop Hosting grants you a limited, non-exclusive, revocable license to access and use the Pop Hosting Platform.

19.2 Termination of the limited site licence

Pop Hosting may terminate any license it has granted to any Site Visitor or Member to access the Pop Hosting Platform by providing notice, and the termination of such license shall be effective immediately upon Pop Hosting providing such notice.

19.3 Pop Hosting's intellectual property

Pop Hosting and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Pop Hosting Platform. The Pop Hosting logos and names are trademarks of Pop Hosting and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Pop Hosting Platform may be the trademarks of their respective owners.

Nothing in the Terms of Service grants you a right to use any Pop Hosting Marks.

19.4 Your intellectual property

19.4.1 Your obligations and your indemnification of Pop Hosting

You are solely responsible for your use of the Pop Hosting Platform and any content you post on the Site, and that if someone makes a claim against Pop Hosting because of your content that you will pay Pop Hosting for our fees and expenses, as detailed below:

When you post Member Content on the Pop Hosting Platform or provide Pop Hosting with member Content, you understand and acknowledge that you are solely responsible for such Member Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that Member Content without violating the rights of third parties, and (b) grant the licenses specified below.

You acknowledge and agree that the poster of Member Content, and not Pop Hosting, is responsible for any Member Content including any harms caused to you, another Member, or a third party by such Member Content.

You will indemnify, defend, and hold harmless Pop Hosting, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other Member against an Indemnified Party relating to or arising out of any Member Content you post.

19.4.2 Your rights and licence to Pop Hosting and other site visitors

You retain all ownership rights in any Member Content you post on the Pop Hosting Platform. To the extent permitted by applicable law, you also grant to Pop Hosting and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Content and your name, voice, and/or likeness as contained in your member Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Pop Hosting Platform and our and Affiliates’ businesses, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. 

You also hereby grant each Member and each Site Visitor a non-exclusive license to access your Member Content through the Pop Hosting Platform and to use, reproduce, distribute, and display such Member Content to the extent permitted through the normal functionality of the Pop Hosting Platform and subject to all applicable confidentiality and other provisions of the Terms of Service, our Privacy Policy, and applicable law.

19.4.3 Your comments and ideas

Pop Hosting consider any suggestions, ideas, proposals or other comments or materials submitted by Members, whether solicited or unsolicited, (collectively, the "Ideas") to be non-confidential and non-proprietary. We shall not be liable for the disclosure, use or exploitation of such Ideas. You hereby grant to Pop Hosting a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

19.5 Third-party intellectual property

Any information or content expressed or made available by a third party or any other Pop Hosting Platform Visitor or Member is that of the respective author(s) or distributor(s) and not of Pop Hosting. Pop Hosting neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Pop Hosting’s authorized agents acting in their official capacities.

The Pop Hosting Platform may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Pop Hosting Platform. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Pop Hosting Platform does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed on the Pop Hosting Platform is on an “as is” and “as available” basis without any warranty for any purpose.

19.6 Complaints about copyright content on the site

Pop Hosting is committed to complying with U.S. copyright and related laws and requires all Pop Hosting Platform Visitors and Members to comply with these laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by complying with Pop Hosting’s Proprietary Rights Infringement Reporting Procedures.

20. Prohibited Site uses

20.1 Prohibited Site uses

You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Pop Hosting Platform for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others. In your use of the Pop Hosting Platform, Members are prohibited from:

• Seeking, offering, promoting, or endorsing and services, content, or activities that:

  • are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;

  • would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;

  • would violate Pop Hosting’s Terms of Service, the terms of service of another website, or any similar contractual obligations;

  • violates academic or professional policies or standards, including activities that involve passing off academic or professional work of another as one’s own, such as academic ghostwriting or taking academic or professional tests or certifications on another’s behalf;

  • concern the creation, purchase, and/or publication of a review for a third-party website;

  • would violate Pop Hosting’s Terms of Service; regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;

  • regard or promote in any way any escort services, prostitution, or sexual acts;

  • Is violent are harassing toward another person based on the person's inclusion in a protected class as defined by applicable law;

• Fraudulent or misleading uses or content, including:

  • Misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;

    • Using a profile photo that misrepresents your identity or represents you as someone else;

    • falsely stating or misrepresenting your affiliation or relationship with a person or entity or impersonating any person or entity, including but not limited to an Pop Hosting representative or forum leader;

    • falsely stating or implying a relationship with another Member, including a Member who is no longer on the Pop Hosting Platform;

    • falsely attributing statements to any Pop Hosting representative, forum leader, guide or host;

    • allowing another person to use your account, which is misleading to other Members; or

    • Impersonating any person or entity, including, but not limited to, an Pop Hosting representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

    • Falsely stating or implying a relationship with another Member;

    • Falsely attributing statements to any Pop Hosting representative, forum leader, guide, or Host;

    • Falsely stating or implying a relationship with Pop Hosting or with another company with whom you do not have a relationship;

    • Falsely stating that one Host will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Host that is unable, unwilling, or unavailable to do the work;

  • posting jobs that offer payment terms that are objectively unreasonable or disproportionate to the scope of services requested;

• Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;

• Inciting or encouraging violence;

• Posting identifying information concerning another person;

• Spamming other Members with proposals or invitations or posting the same job multiple times so that more than one version remains active at a given time;

• Demanding bribes or other payments without the intention of or without actually providing services in exchange for the payment;

• Demanding services without the intention of or without actually providing payment in exchange for the services;

• Requesting, demanding, or receiving free services, including requesting Hosts to submit work as part of the proposal process for very little or no money;

• Requesting or providing services that primarily concern making purchases on behalf of another, including the purchase of cryptocurrency or NFTs;

• Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;

• Attempting to or actually manipulating or misusing the feedback system, including by:

  • withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another Member;

  • attempting to coerce another Member by threatening to give negative feedback;

  • expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system; or

  • Offering services for the sole purpose of obtaining positive feedback of any kind;

• Duplicating or sharing accounts;

• Selling, trading, or giving an account to another person without Pop Hosting’s consent;

• Sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or job post;

• Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Members for other websites, products, or services, including advertising on Pop Hosting to recruit Members to join an Agency or another website or company;

• Interfering or attempting to interfere with the proper operation of the Pop Hosting Platform or any activities conducted on the Pop Hosting Platform;

  • Bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Pop Hosting Platform, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;

  • Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Pop Hosting Platform;

  • Using any robot, spider, scraper, or other automated means to access the Pop Hosting Platform for any purpose without our express written permission;

  • Attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;

  • Collecting or harvesting any personally identifiable information, including Account names, from the Pop Hosting Platform;

  • Attempting to or imposing an unreasonable or disproportionately large load (as determined in Pop Hosting’s sole discretion) on the Pop Hosting Platform infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Pop Hosting Platform or any software, firmware, hardware, computer system, or network of Pop Hosting or any third party;

  • Accessing or attempting to access the Pop Hosting Platform by any means or technology other than the interface provided; or

  • Framing or linking to the Pop Hosting Platform except as permitted in writing by Pop Hosting

• Conduct or actions that could jeopardize the integrity of or circumvent the Pop Hosting Platform or Pop Hosting’s proprietary information, including:

  • Attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Pop Hosting Platform unless expressly permitted by applicable law or Pop Hosting; or

  • Accessing or using the Pop Hosting Platform to build a similar service or application, identify or solicit Pop Hosting Members, or publish any performance or any benchmark test or analysis relating to the Site. 

20.2 Enforcement

We reserve the right, but do not assume the obligation, to investigate any potential violation of this Section or any other potential violation of these Terms of Service and to remove, disable access to, or modify any content on the Pop Hosting Platform. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.

20.3 Reporting and correcting violations

If you become aware of any violation of these Terms or Use, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms of Service.

20.4 Complaints - California residents

If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.

21. Dispute Resolution and Arbitration Agreement

21.1 Application

This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Pop Hosting in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

If a dispute arises between you and Pop Hosting or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, unless you opt out, you, Pop Hosting, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, your relationship with Pop Hosting (including without limitation any claimed employment with Pop Hosting or one of our Affiliates or successors), the termination of your relationship with Pop Hosting, or the Pop Hosting Platform (each, a “Claim”) in accordance with this Section (sometimes referred to as the “Arbitration Provision”).

Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Pop Hosting Platform, any Reservation, Session, payments or agreements, any payments or monies you claim are due to you from Pop Hosting or our Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, Civil Rights Act of 1964, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family 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 (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with Pop Hosting or the termination of that relationship.

Disputes between the parties that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Agreement.

This Arbitration Provision does not apply to litigation between Pop Hosting and you that is or was already pending in a state or federal court or arbitration before the expiration of the opt-out period set forth in Section 13.4.4, below. Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this Section 13 unless all parties to that arbitration consent in writing to that amendment. This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.

21.2 Overview of Dispute Resolution Process

Pop Hosting is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Pop Hosting’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Pop Hosting each retain the right to seek relief in small claims court as an alternative to arbitration.

21.3 Mandatory Pre-Arbitration Dispute Resolution and Notification

At least 30 days prior to initiating an arbitration, you and Pop Hosting each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Pop Hosting by mailing it to Pop Hosting’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Pop Hosting will send its notice of dispute to the email address associated with your Pop Hosting account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 60-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

21.4 Agreement to Arbitrate

You and Pop Hosting mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Pop Hosting Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Pop Hosting agree that the arbitrator will decide that issue.

21.5 Exceptions to Arbitration Agreement

You and Pop Hosting each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Pop Hosting Platform or Host Services. You and Pop Hosting agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

21.6 Arbitration Rules and Governing Law

In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, the dispute shall be settled by binding arbitration administered:

(a) Within the United States: This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

(b) Outside the United States: By the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The rules, as well as forms for initiating arbitration proceedings, are available at www.icdr.org.

21.7 Modification to AAA Rules - Arbitration Hearing/Location

In order to make the arbitration most convenient to you, Pop Hosting agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

21.8 Modification of AAA Rules - Attorney’s Fees and Costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Pop Hosting will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

21.9 Arbitrator’s Decision

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

21.10 Jury Trial Waiver

You and Pop Hosting acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

21.11 No Class Actions or Representative Proceedings

You and Pop Hosting acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

21.12 Severability

Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

21.13 Changes to Agreement to Arbitrate

If Pop Hosting changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Pop Hosting (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Pop Hosting.

21.14 Survival

Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Pop Hosting Platform or terminate your Pop Hosting account.

22. Miscellaneous

22.1 Entire Agreement

This Agreement sets forth the entire agreement and understanding between you and Pop Hosting relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings are included for ease of reference only and have no binding effect.

22.2 Other Terms Incorporated by Reference

Our Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Payment Terms of Service, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Pop Hosting Platform, are incorporated by reference, and form part of your agreement with Pop Hosting.

22.3 Interpreting these Terms. 

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Pop Hosting and you pertaining to your access to or use of the Pop Hosting Platform and supersede any and all prior oral or written understandings or agreements between Pop Hosting and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Pop Hosting. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

22.4 No Waiver

Pop Hosting’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.5 Modifications

No modification or amendment to the Terms of Service will be binding upon Pop Hosting unless in a written instrument signed by a duly authorized representative of Pop Hosting or posted on the Site by Pop Hosting. Email will not constitute a written instrument as contemplated by this Section 15.2. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms of Service.

22.6 Assignability

You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Pop Hosting’s prior written consent in the form of a written instrument signed by a duly authorized representative of Pop Hosting. Pop Hosting may freely assign this Agreement without Member’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

22.7 Notice

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Pop Hosting via email, Pop Hosting Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.

22.8 Severability

If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

22.9 Force majeure

The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, natural disasters, accidents, fires, floods, telecommunications or Internet failures, acts of God, denial of service attacks, strikes, wars, riots, disease, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.

22.10 Prevailing language and location

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United States.

22.11 Site access outside of the Unites States

Pop Hosting makes no representations that the Pop Hosting Platform is appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.

In order to access or use the Pop Hosting Platform, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Pop Hosting Platform is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Pop Hosting Platform will be immediately revoked.

22.12 Electronic communication

In connection with the Terms of Service, you may be entitled to receive certain records from Pop Hosting or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Pop Hosting Platform, you give us permission to provide these records to you electronically instead of in paper form.

You will receive administrative communications from us using the email address or other contact information you provide for your Pop Hosting account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Pop Hosting account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

22.13 Third-Party Services

The Pop Hosting Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Pop Hosting is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

22.14 Google Terms

Some translations on the Pop Hosting Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Pop Hosting Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

22.15 Apple Terms

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

22.16 Pop Hosting Platform Content

Content made available through the Pop Hosting Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Pop Hosting and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Pop Hosting Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Pop Hosting grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Pop Hosting Platform and accessible to you, solely for your personal and non-commercial use.

23. Contact

If you have any questions about this Terms of Service, please contact us at hello@popless.com or by mail addressed to Pop Hosting Inc, Attn: Legal, PO BOX 471234 San Francisco, CA 94147.