Terms of Service

Last updated: April 16, 2018

Poppir’s Terms of Service (these “Terms of Service”) is a binding legal agreement between you, as a user of Poppir’s services or website in any capacity, and Poppir (“Poppir”, “we,” “us,” or “our”) that sets forth the terms and conditions of your membership and interaction on poppir.com and other Poppir services, which may include apps (collectively, our “Site”), and your purchases and use of products and services made available through our Site. By using our Site, you agree that you have read, understand and agree to be bound by these Terms of Service. You agree to our use of your personal information and content in accordance with our Privacy Policy, which is incorporated herein by reference. Among other things, you authorize us to share with other users of our site (a “Member”) information regarding you and your activity on the Site in a manner permitted by our Privacy Policy. We reserve the right to modify our Site at any time without prior notice, including without limitation, removing or making unavailable areas of our Site from time to time for maintenance.

We provide a platform to bring together Brands, Hosts and Service Provider to enable them to enter into transactions related to spaces for short-term or “pop up” use (“Spaces”). Any Member who is seeking to lease Space from another Member is referred to a “Brand”, any Member who is seeking to lease Space to another Member is referred to a “Host”, and any Member seeking to provide other services to other Members is referred to as a “Service Provider.” A “verified” Member is a Member who has completed an identity verification process—it does not connote any approval or endorsement of such Member by Poppir. We are not responsible for confirming any Member’s identity, other than completing the identity verification process for a Verified Member, which does not ensure that a Verified Member is who they say they are.

Poppir is Platform and Not a Provider of Space or Services. Poppir serves only as a platform to bring together Brands, Hosts and Service Provider to enable them to enter into transactions related to Spaces. Poppir cannot assure any Member that it will find the Brands, Spaces or Services that it seeks when using the Site. Each lease of Space by a Brand from a Host is a transaction between the Brand and Host, and Popper is not a party to such lease or in any way responsible for anything that happens related to such lease or the related use of Space. Similarly, a product or service made available by Poppir on the Site is provided by Service Providers, and not Poppir, an Poppir is no way responsible for anything that happens related to those products or services. However, all Members still subject to all terms in these Terms of Service related to Service Providers as well as any terms and conditions separately agreed by you and the Service Provider. Poppir is not an agent of any Brand, the Host or the Service Provider. Each Host, Brand and Service Provider understands and agrees that we are not responsible for the products and services purchased from the Service Providers nor any Host’s or Brand’s experience related to any lease of Space. The applicable Service Provider or Host or Brand, and not Poppir, are solely responsible for all issues, warranties, injuries, illnesses, damages, claims, liabilities and costs related to any purchases, services or activities arranged through the Site or relating to any Space. We cannot assure you that listings or other content, including reviews and ratings, generated by other Members will be genuine, truthful, accurate, not offensive, of high quality, suitable, appropriate or legally compliant. The relationship between Poppir and each Member is that of unaffiliated contracting parties, and in no way shall that relationship be construed as one of employment, agency, affiliation, endorsement or joint venturors.

Listing Spaces on Our Site by Hosts. All information in a Space listing on our Site must be complete, accurate and true. For commercial Space listings, Hosts are responsible for keeping their availability calendar up to date. Hosts are responsible for setting a price and specifying any applicable taxes to be paid by a Brand for the applicable Space. Images in a listing on our Site must accurately reflect the quality and condition of the applicable Space and Poppir reserves the right to require a minimum number of images of certain format, size and resolution. The placement and ranking of a listing for a Space in search results on our Site may be based on a variety of factors, such as search parameters and preferences, price and calendar availability, number and quality of images, customer service and cancellation history, reviews and ratings, type of service, and ease of booking. Hosts that accept or have pre-approved a booking request for a Space by a Brand are entering into a legally binding agreement with the Brand and are required to provide the Space provided within their listing when the booking is made. Where applicable, Hosts should carry all necessary insurance. When listing a multi-Brand Space or multiple-day listing (a “Special Listing”), the Host must create a listing and submit it to Poppir for review—Poppir reserves the right to decide whether or to publish the listing. The host understands and comply with all laws, rules and regulations may apply to a Special Listing and will obtain any required licenses, permits or registrations prior to providing the Space under a Special Listing.

Booking Space on Our Site by Brands. Upon meeting any requirements (such as completing any verification processes) set by the Host, you can book a Space available on our Site by following the respective booking process. All applicable fees will be presented prior to booking a Space. Upon receipt of a booking confirmation from Poppir for a Space, a legally binding agreement for such Space is formed between the Brand and Host. If a Brand is booking a Space on behalf of other Brands, the booking Brank is required to ensure every additional Brand meets any requirements set by the Host. It is understood that a confirmed booking of a commercial Space is a limited license granted to the Brand by the Host to enter, occupy and use the Space for the duration of the stay and that the Host retains the right to re-enter the commercial Space. The Brand agrees to leave the commercial Space no later than the checkout time that the Host specifies in the listing on our Site for such Space. If the Brand stays past the agreed checkout time without the Host’s consent, they no longer have a licensed stay and are subject to an overstay fee (which will be twice the average daily fee for the Space, if not otherwise specified in the listing or agreed by the Host and Brand) each day over. Unless otherwise agreed by the Brand and the applicable Host, Brands may not sublet, subdivide or otherwise share any portion of Space, whether provided under a Special Listing or otherwise.

Booking Modifications, Cancellations and Refunds. Hosts and Brands are responsible for any modifications to a booking of Space that they make via our Site, and must promptly notify Poppir customer service and pay any additional fees and taxes associated with such modifications. Brands can cancel a confirmed booking of Space at any time subject to the Host’s cancellation policy; upon the Brand and Host notifying Poppir customer service, Poppir will provide any refund to the Brand in accordance to our refund policies. If the Host cancels a confirmed booking of Space, the Brand will receive a full refund of the fees it paid to Poppir. In certain circumstances, Poppir may decide it is necessary to cancel a confirmed booking of Space and make appropriate refund and payout decisions. Members may use the Poppir help center to send or request refunds, additional Host services, or to make damage claims related to a booking of Space on our Site.

Fees and Payment Terms. All payments by Members to Hosts under leases for Spaces listed on the Site must made through our Site. All payments by Members to Service Providers relating to services for Spaces listed on the Site must be made through our Site. You also agree to pay us our fees, costs, expenses and charges in connection with your purchase. Our fees and other charges are set forth on the Site and also will be disclosed prior to payment during the checkout process on the Site. All purchases placed through our Site are subject to our acceptance. We may refuse to accept or may cancel any purchase, whether or not the purchase has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when we suspect fraud and in other circumstances we deem necessary in our sole discretion.

Product and Space Descriptions. Service Providers, and not Poppir, are responsible for providing accurate descriptions of the products and services they make available on our Site. Hosts, and not Poppir, are responsible for providing accurate descriptions of the Spaces they make available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.

About Our Fees. We may pre-negotiate rates with Service Providers. In exchange for allowing you to use the Site to facilitate the leasing of Spaces and the purchase of products and services, we may retain service fees, which fees will be disclosed on our Site and will be disclosed at checkout prior to the purchase or lease being completed.

Cancellations and Changes to Bookings. We do not accept cancellations or changes to bookings and purchases made on our Site except in extraordinary circumstances. However, if you have any issues with your order, please contact our support team at support@poppir.com and we will work to review and resolve the issue in the way we deem most appropriate, subject to our sole discretion. We may issue refunds on a case-by-case basis in our sole discretion. Certain Spaces, products and services available on our Site may have other specific rules and restrictions regarding cancellation and changes, subject to the discretion of the Service Provider or Host, as applicable, or us. You may be charged a cancellation or change fee and you agree to pay any such cancellation or change fee you incur.

Taxes, Fees and Incidental Charges. Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order. Taxes charged in connection with your activity on our Site depend on many factors, including the type and location of the Space, Host and/or Service Provider, rules governing Service Providers and other factors. Service Providers may also charge service fees. Before confirming your purchase, Brands are able to review all such additional taxes and fees.

Membership. To become a Member and to have full access to all features of the Site, you are required to register for an account. You agree to provide accurate and current information in your use of the Site. You agree to keep your information current, updated and accurate. Our Site is intended solely for users who are 18 years of age or older and it is a violation of these Terms of Service for anyone under 18 to use our Site. Users may not have more than one active account, unless additional accounts are approved by us in writing. Users with more than one active account may be suspended or removed from our Site and barred from reuse.

Additional Terms and Conditions. Additional terms and conditions may apply to certain purchases. Such additional terms and conditions are in addition to these Terms of Service and you agree to abide by such additional terms and conditions.

Safeguard Your Password. You are responsible for maintaining the security of your account and password, and restricting access to your computer or device. You agree to that you are responsible for all activities that occur under your account or password.

Content You Provide. With respect to any content you submit or make available to Poppir or on our Site, including but not limited to your biography, comments, endorsements, testimonials, pictures, videos and other content, you grant, and warrant that you have the right to grant, to Poppir a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. Such content is not confidential or proprietary. You represent and warrant that any content you provide does not include anything to which you do not have the full right to grant such a license to us. We take no responsibility and assume no liability for your content, including without limitation, any loss or damage to your content. You grant us the right to collect, use and share your content in accordance with these Terms of Service and our Privacy Policy. You retain all other rights in your content not granted in these Terms of Service or our Privacy Policy.

You are Solely Responsible for Your Content and Use of the Site. You are solely responsible for your user content and your activity on our Site. Do not submit content that (a) is illegal or promotes illegal activity, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, malicious, false, harassing, threatening, insulting, obscene, unsuitable for minors, invasive of privacy or safety or is otherwise objectionable in our sole discretion, (b) violates or infringes anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets, (c) violates or infringes anyone’s privacy or publicity rights, such as posting images of someone without their permission, (d) involves the transmission of “junk mail”, unsolicited mass mailings or “spam”, or (e) falsely implies that we sponsor, endorse or are otherwise affiliated with you or your user content. Poppir at its sole discretion may enable Members to create, upload, post, send, receive and store content (text, photos, audio, video) and make it available on our Site. By uploading content to the Site, a Member grants Poppir a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such content to access use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner.

User Content Is Not Prescreened. We do not prescreen content posted by users and cannot guarantee our Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on our Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content.

We May Restrict Your Use. You may use our Site only to the extent that you abide by these Terms of Service and all laws applicable to your use of our Site. We have the right to not process a transaction if we believe it violates any agreement, or exposes you, other users, our partners or us to harm, such as fraud or criminal acts. If we suspect, in our sole discretion, that your account has been used for an unauthorized, illegal or criminal purpose, you agree that we have the right to share your information, your account and your transactions with law enforcement. You may only use our Site in the United States and may not directly or indirectly export our services. Our Site may be subject to export restrictions imposed by law. You shall not use our Site for any purpose competitive to Poppir.

Mobile Use May Not be Fully Supported. Our Site may be available for mobile use, but such use may not be supported by all carriers and devices. Your use of our Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.

License to Use the Site. So long as you comply with these Terms of Service, Poppir grants you a limited, worldwide, nonexclusive, nontransferable, revocable, personal license to access and use our Site for your personal use solely to make purchases and interact with our Site in accordance with these Terms of Service. We may modify or discontinue offering any or all of our services at any time without notice to you and without any liability. You agree to use our Site in a manner consistent with all laws and regulations and in accordance with these Terms of Service. You represent and warrant that your content you post and your activities on our Site do not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights. Except as expressly and unambiguously permitted in these Terms of Service, you may not, nor may you permit anyone else to, directly or indirectly: (a) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from our Site; (b) transfer any rights granted to you under these Terms of Service; (c) perform or attempt to perform any actions that would interfere with the proper functioning of our Site, prevent access to or use of our Site by other users, or impose an unreasonable or disproportionately large load on our infrastructure; (d) take any action or use our Site in a way that violates law, would create liability or promote illegal activities, (e) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account, or (f) otherwise use our Site except as expressly allowed under this paragraph.

Our Intellectual Property. Our Site is protected by U.S. copyright laws, trade secrets, international treaty provisions and other intellectual property laws. Poppir owns all right, title and interest in and to our Site (including any copies, updates or upgrades and all derivative works thereof), Poppir’s trademarks and services marks and all intellectual property and other proprietary rights therein. You may not remove or obscure any identifying notices that we have placed on our Site, including without limitation, any copyright or proprietary notices. Poppir reserves all rights not expressly granted to you in these Terms of Service.

Improper Use of Your Copyrights. If you are a copyright owner and you believe that your work has been copied and used on our Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the location of the alleged infringement on our Site; (c) your contact information including address, telephone number and e-mail address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at support@poppir.com. Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.

Your Representations and Warranties. You represent and warrant that: (a) you are at least 18 years of age; (b) the information about yourself you have provided in connection with our Site is true and accurate; (c) you are eligible to use our Site and have the right and power to enter into these Terms of Service; (d) you and will comply with all federal, state and local laws; (e) you will not use our Site, directly or indirectly, for any fraudulent undertaking or other illegal improper purpose, or in any manner that interferes with the operation of our Site; and (f) you and your use of our Site will be in compliance with these Terms of Service.

Warranty Disclaimer. Our Site is provided “AS IS,” “AS AVAILABLE,” and without warranties of any kind. You use our Site at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, title and non-infringement related to or arising out of our Site, any content on our Site, or any Spaces, products or services purchased or made available on our Site, as well as warranties implied from a course of dealing or course of performance. Without limiting the foregoing, we do not warrant that (a) our Site or other Spaces, products and services will meet your specific requirements or desired results, (b) our Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that our Site is free of viruses or anything else harmful, (c) the results obtained from the use of our Site will be accurate or reliable or (d) that our Site will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of our Site or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device in which you access our Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all of our Site and other items used or contained in our Site at any time without notice. No advice or information, whether oral or written, obtained by you from Poppir or through our Site will create any warranty not expressly stated herein.

Limitation of Liability and Damages. The providers whose Spaces, products and services are available on our Site are independent contractors and not agents or employees of Poppir. Poppir is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You agree that you assume full responsibility for your use of our Site and the acquisition and use of Spaces, products and services available through our Site. To the maximum extent permitted by applicable law, Poppir, its affiliates, officers, directors, employees, agents, services providers and licensors shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (a) the use or the inability to use our Site or any errors, omissions or inaccuracies in any content in our Site; (b) our Site or the conduct of other Site users or third parties; (c) the performance of the Spaces, products and services purchased through our Site; (d) the cost of procurement of substitute Spaces, products or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from our Site; (e) unauthorized access to or alteration of your data, content or personal information; (f) termination or downgrading of your account, (g) any bugs viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; (h) user content or defamatory, offensive, or illegal conduct of any third party, (i) the , products services and Spaces made available through our Site, (j) any action we take or fail to take, (k) any damages or injury arising from any use of Spaces, products and services made available through our Site, or (l) any other matter relating to our Site or any Spaces, products or services made available through our Site.

Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to these Terms of Service and your use of our Site is to stop using our Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of our Site, our liability shall never exceed the amounts paid by you to us in connection with our Site. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

Indemnity. You agree to indemnify, defend and hold harmless Poppir, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (a) your use of our Site, (b) the Spaces, products and services purchased through our Site, (c) any liabilities, claims, damages and injuries arising from or related to any act or omission of a Service Provider or another third party, (d) your conduct in connection with our Site, or (e) your violation of these Terms of Service, any law or the rights of any third party.

Other Sites and Services. Our Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Other Sites”). We do not endorse, monitor or have any control over these Other Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Other Sites and you access such Other Sites at your own risk. We expressly disclaim any liability for these Other Sites.

Consent to Electronic Communications. By using our Site, you agree to receive certain electronic communications from us, whether on our website, through our Site or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and Poppir may be recorded.

Interactions with Other Users. You are responsible for your interactions with other people, whether through our Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through our Site, or persons who find you because of information posted on, by or through our Site. You agree to take reasonable precautions in all interactions with other users on our Site, whether online or offline, and conduct any necessary investigation before meeting another person.

Users Outside the United States. We control and operate our Site from our offices in the United States. We do not represent that our Site (or any content) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use our Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, our Site is solely directed to users located in the United States.

Termination. You may terminate these Terms of Service by closing your account at any time. We reserve the right in our sole discretion to (a) terminate your account, (b) delete your profile and any of your content, (d) restrict your use of all or any part of our Site, and (d) modify or discontinue our Site (or any part of our Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to our Site. These Terms of Service shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms of Service to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers. The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

Miscellaneous. Entire Agreement.

These Terms of Service and our Privacy Policy constitute the entire agreement between you and us and govern your use of our Site. These Terms of Service supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Service.

Amendments.

We may change the Terms of Service at any time by posting a temporary notice of the changes in the footer of our Site, and the changes will be effective upon posting that temporary notice to our Site. By continuing to use our Site following the posting of such a temporary notice, you will be deemed to have agree to the revised Terms of Service.

Governing Law; Disputes.

You agree that our Site, these Terms of Service, and our Privacy Policy, and any dispute between you and us shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions that would result in the application of any law other than the laws of the State of New York, and not by the United Nations Convention on the International Sale of Goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to our Site (including but not limited to the acquisition of Spaces, products and services) shall be resolved individually, without resort to any form of class action, and exclusively in New York, New York (including the state and federal courts located in New York, New York). You consent to waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts of New York, New York. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Poppir, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law and in the state and federal courts located in New York, New York. You agree that our Site shall be deemed a website solely based in New York, New York, which does not give rise to personal jurisdiction over us in jurisdictions other than in the State of New York.

Limitations on Claims.

Any cause of action or claim you may have with respect to Poppir or our Site (including without limitation the acquisition of Spaces, products and services) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred.

No Waiver.

Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Service.

Assignment.

You may not assign these Terms of Service or any rights and licenses in these Terms of Service. These Terms of Service may be assigned by Poppir without restriction.

Severability.

If any provision in these Terms of Service is invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.