PopEx World Terms of Service and Privacy Policy

Last Modified: June 11, 2024

Table of Contents

Terms
Privacy
Use of the Services
Limited License to Use
Content and Content Rights
Conduct, General Prohibitions, and Popex World’s Enforcement Rights
Participation in Events
Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
Beta Programs
Third Party Websites or Resources
Disclaimer of Warranties
Limitation of Liability
Dispute Resolution
General
Terms

Welcome to Popex World. We publish real-world augmented reality mobile experiences, including mobile game applications (“Apps”). The App Terms govern your use of app and also govern your interaction with any websites we own or operate (“Sites“), purchase of any Popex World merchandise, participation in Popex World live events or promotions (“Events“), and more generally your use of any Popex World products or services (together with Apps, the “Services“).

Some exceptions to the Terms may apply based on your country of residence –

please see the country-specific sections below. Popex World may also provide products and services which are governed by separate terms. These Terms are entered into between you and Popex Entertainment Ltd, a company registered to do business under the laws of the United Kingdom. By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. Popex World may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Site or in the App. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use

the Services.

SECTION 13 “DISPUTE RESOLUTION”; CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. If you are a user in the European Economic Area (“EEA“), or any other country that does not allow such arbitration agreement, Section 13 does not apply to you.

If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that Popex World has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.

Privacy

Our Services are designed to enable you to interact in shared game worlds blended with information from the real world. To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so.

Face data, which includes 3D facial geometry and facial movement data, is collected by the app for the purpose of providing AR features. This data is stored locally on your device and is not shared with third parties or stored outside your device. We use this data solely to enable AR functionality within the app and do not use it for any other purposes.

Use of the Services

3.1 Cheating

Popex World prohibits cheating, and we constantly take steps to improve our anti-cheat measures. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others:

 Accessing Services in an unauthorized manner (including using modified or unofficial third party software);

 Playing with multiple accounts for the same Service;

 Sharing accounts;

 Using any techniques to alter or falsify a device’s location (for example

through GPS spoofing); and/or

 Selling or trading accounts.

Apps may not work on devices that Popex World detects or reasonably suspects to be cheating, and Popex World will not provide support to players who attempt to cheat. You agree that Popex World may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms, including checking your device for the existence of exploits or hacking and/or unauthorized software.

3.2 Safe and Appropriate Use

While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.

Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests. Popex World does not intend Apps to be medical or health devices, or provide

medical or health advice.

3.3 Your Interactions with Other People

You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services,

you release Popex World (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.4 Eligibility and Account Registration

If you want to use certain Services, you will have to create an account with us (an “Account”), and you will also need access to a supported mobile phone and an Internet connection.

You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. Popex World takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.

3.5 Account Suspension or Termination

We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the Services or in the App prior to termination of your Account.

You may terminate your Account at any time .

3.6 Who May Use Our Services

Unless stated otherwise for a particular Service, children are not allowed to use the Services. A “Child”; is a person under 13 years old.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, POPEX WORLD

DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED

BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE

A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO

TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

3.7 Data Collection and Use

Storage and Processing

DragonfiAR, on behalf of PopEx World, respects your privacy and is committed to protecting it at all times. This statement explains our policies and practices regarding the collection, use, storage, and disclosure of your personal data.

To provide you with our gaming service, we collect and store certain user data. This data includes, but is not limited to, your username, game progress, and virtual items collected. This data is stored in the cloud and is essential for the operation of the game and to allow you to continue your game progress on different devices.

Face data is collected for the purpose of enabling AR functionality within the app, this data is not shared with third parties, and it is stored locally on the user’s device.

We do not share your personal data with third parties without your consent unless required by law or as necessary to provide you with our services. We implement robust data security measures to protect your data from unauthorized access, use, and disclosure.

DragonfiAR, acting on behalf of PopEx World, maintains the application systems and developer accounts necessary to make the game available on the mobile app stores. DragonfiAR has access to user data solely for the purpose of managing these systems and accounts and ensuring the smooth operation of the game.

By using our game, you consent to the collection, use, and storage of your data as described in this statement. If you have any questions about our data practices, please contact us.

Limited License to Use

Subject to your compliance with these Terms, Popex World grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device and to run such copy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Apps; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c) reverse engineer, decompile, or disassemble the Apps; or (d) make the functionality of the Apps available to multiple users through any means.

Popex World reserves all rights in and to the Apps not expressly granted to you under these Terms.

Content and Content Rights

Subject to your compliance with these Terms, Popex World grants you a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including

User Content. “User Content“ means any Content a user of a Service provides to be made available through Services.

5.1 Content Ownership

Popex World does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, Popex World and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

5.2 Rights Granted by You

By making any User Content available through the Services you grant to Popex World a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in

connection with operating and providing the Services and Content to you and to others. By accepting these terms, you allow Popex World to benefit freely from the above rights, including but not limited to:

The right to reproduce User Content by any means and in any form.
The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, theatrical or television broadcasting, DVD, and print.
The right to use the User Content for demonstration, promotion and advertising for all Popex World Services.
The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by Popex World or by any outside party of its choice.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Popex World on or through the Services will infringe, misappropriate or

violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against Popex World or any third party designated by Popex World.

5.3 Trading

Certain Apps permit Account holders to capture and trade virtual items, including but not limited characters or other items (”Trading Items”), during gameplay. Unlike Virtual Money and Virtual Goods, Trading Items are obtained at no additional charge during gameplay. Trading Items are a category of Content, and you acknowledge that you do not acquire any ownership rights in or to Trading Items and that Trading Items do not have monetary value. Trading Items may be traded with other Account holders for other Trading Items, but Trading Items can never be sold, transferred, or

exchanged for Virtual Money, Virtual Goods, “real” goods, “real” money, or “real” services, or any other consideration from us or anyone else. You agree that you will only obtain Trading Items from other Account holders and through means provided by Popex World, and not through any third-party platform, broker, or other mechanism, unless expressly authorized. Any such sale, transfer, or

exchange (or attempt to do so) is prohibited and may result in the termination of your Account or cancellation of such Trading Items. All Trading Items and other Content are provided “as is,” without any warranty, except where prohibited under applicable law.

5.5 Feedback

You can submit feedback, comments, and suggestions for improvements to the Services (”Feedback”) by reaching out to us on social media or support channels. Feedback is a form of User Content.

5.6 Intellectual Property Policy

Popex World respects intellectual property rights and expects its users to do the same. It is Popex World’s policy to remove content that infringes on a third party’s intellectual property rights, and Popex World reserves the right to terminate Accounts that engage in repeat infringement. Popex World complies with the Digital Millennium Copyright Act (DMCA) and will respond to a valid claim of copyright infringement in accordance with the DMCA process.

Conduct, General Prohibitions, and Popex World’s Enforcement Rights

You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:

 collect, store or share any personally identifiable information of other users

from the Services without their express permission;

 extract, scrape, or index the Services or Content (including information about

users or gameplay);

 use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-App items or resources for sale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account;

 attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Popex World or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any

kind);

 attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;

 bypass, remove, deactivate, descramble, or otherwise circumvent any

technological measure implemented by Popex World or any of Popex World’s providers or any other third party (including another user) to protect the Services or Content;

 use, display, mirror, or frame the Services or any individual element within the Services, Popex World’s name, any Popex World trademark, logo, or other proprietary information, or the layout and design of any page or App without Popex World’s express written consent;

 post, publish, submit, store, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;

 access, tamper with, or use nonpublic areas of the Services, Popex World’s computer systems, or the technical delivery systems of Popex World’s providers;

 attempt to probe, scan, or test the vulnerability of any Popex World system or network or Service, or breach any security or authentication measures;

 use any meta tags or other hidden text or metadata utilizing a Popex World trademark, logo, URL, or product name without Popex World’s express written consent;

 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;

 interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;

 delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;

 violate any applicable law or regulation; or

 encourage or enable any other individual to do any of the foregoing.

Although Popex World is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Popex World may remove any Content we consider to be objectionable or in violation of these Terms.

We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF POPEX WORLD’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND

CIVIL LAWS.

Participation in Events

7.1 Event Registration and Tickets

The term “Event(s)”means any in-person event, gathering, activity or the like which is directly organized, hosted, or managed by Popex World, and any Promotion (as defined below). By registering or, where required, purchasing tickets (including any optional add-on purchases of additional gameplay experiences and/or physical merchandise) for an Event, you represent and warrant that the information you provide is true and accurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant you have all necessary rights and consents to

Subject to applicable law and the exceptions set forth in these Terms, no refunds or exchanges of Event tickets (including any add-on purchases) are permitted and tickets are non-transferable. Reasonably acceptable proof of identity, for example a driver’s license or passport, showing the same first and last name as those provided at time of prior registration, may be required to access an Event. Actual or attempted resale of tickets subjects them to revocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or counterfeit and may not be

honored. Tickets cannot be replaced if lost, stolen or destroyed. Commercial use of tickets is prohibited without written approval from Popex World. Tickets are not redeemable for cash or credit. You agree to abide by any published ticket limits or restrictions, and orders exceeding or violating these restrictions are subject to cancellation without notice or refund. Events may have limited space and/or availability and Popex World does not guarantee your ability to purchase a ticket or attend an Event.

Unless otherwise prohibited under applicable law, by attending an Event you acknowledge that Popex World will use your data collected for providing Event features (both in person and online), including contacting you and giving you updates about the Event, mailing you required materials (e.g., a QR wristband), providing emergency or severe weather notifications, or public Event leaderboards and gameplay competitions.

7.2 Event Conduct and Policies

You shall at all times comply with all applicable laws and any rules and policies provided by Popex World or any other authorized party involved in creating or delivering the Event, including all health and safety policies and procedures and all reasonable instructions of the venue staff and Popex World representatives at the Event.

Illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events. You agree and consent to reasonable security precautions and search on entry. To the fullest extent permitted by applicable law, you waive and release Popex World and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such security

precautions and/or searches. If you elect not to consent to such security precautions and searches, you may be denied entry, or removed from, an Event without refund or other compensation.

Popex World and its authorized third parties reserve the right to refuse admission to, or to remove from an Event without refund or compensation of any kind, any person that (a) does not comply with these Terms, (b) engages in disorderly conduct or willful misconduct,(c) engages in harassing, threatening, abusive or otherwise inappropriate behavior towards Popex World employees, event staff or other event attendees, or (d) Popex World or its authorized third parties believe will cause a

negative effect on the Event, participants, spectators, and/or personnel.

Any minor attending an Event must be accompanied by a Parent.

7.3 Assumption of Risks

Unless prohibited by applicable law, you agree that by purchasing tickets to, participating in or attending an Event, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Event, including injury by any cause and damage, loss, or theft of property. You acknowledge that Events, and certain activities at Events, have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface hazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), (d)

weather related hazards, (e) inadequate first aid and/or emergency measures, (f) judgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or spectator behavior or errors in judgment by personnel at the Event), and (g) natural hazards (e.g., uneven or difficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before attending or participating in an Event and its activities, for example consulting with a personal

physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect the Event grounds, facilities, equipment and areas to be used, and that by participating in the Event, you acknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe or become aware of

any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and cease participation in the Event.

To the extent permitted under applicable law, you hereby waive and release Popex World and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or participation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties or Event participants

and spectators.

7.4 Event Features and Cancellation

Subject to applicable law, all schedules and any live or in-game experiences, activities, goods, services, perks, items, rewards and/or Content (collectively “Event Features”) advertised in connection with an Event are not guaranteed and are subject to change and/or cancellation at any time prior to or during an Event without notice or compensation of any kind. Admittance to an Event does not guarantee any specific Event Features while at the Event.

Event date, time and/or location are subject to change at any time, and Popex World will make a commercially reasonable effort to notify you in advance of any material changes. If an Event is canceled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation other than a refund of the ticket price at its face value with no further liability or compensation from Popex World or any other party. Any travel or accommodation costs incurred are entirely your responsibility.

7.5 Recordings and Use of Likeness

You consent to and approve of Popex World’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at Events and the royalty free use of this information subject to the same “Rights Granted by You” above. Popex World may publish the results of any competitions (including rankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing materials and on social media in accordance with these

Terms.

Sweepstakes, Contests, Raffles, Surveys And Similar Promotions

Periodically, Popex World and/or its partners may organize sweepstakes, contests, raffles, surveys, games, and similar promotions on the Services (each a “Promotion”). In addition to these Terms, Promotions will be subject to particular terms which we shall communicate to you at the time of these Promotions (“Promotional Terms“). By participating in any Promotion, you will become subject

to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supercede these Terms. Popex World urges you to read the Promotional Terms. Our Privacy Policy, in addition to these Terms and any Promotional Terms, governs any information you submit in connection with such Promotions.

Third Party Websites or Resources

Services may contain links to third party websites or resources. Popex World provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

Popex World is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the Services or participate in an Event and you hereby waive and release Popex World and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.

Disclaimer of Warranties

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR

ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU

UNDERSTAND THAT POPEX WORLD DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. POPEX WORLD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE

PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN

PERSON.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER POPEX WORLD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR

CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO

USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY,

CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POPEX WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL POPEX WORLD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION

WITH THESE TERMS, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1000), OR, IF CONTRACTING WITH POPEX WORLD INTERNATIONAL LIMITED, ONE THOUSAND POUNDS (£1000). THE EXCLUSIONS AND

LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POPEX WORLD AND YOU.

Dispute Resolution

YOU AGREE THAT DISPUTES BETWEEN YOU AND POPEX WORLD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

General

14.1 Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Popex World and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Popex World and you regarding the Services and Content.

14.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Popex World’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Popex World may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

14.3 Force Majeure

Neither Popex World, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

14.4 Notice

Any notices or other communications provided by Popex World under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address Your provided.

14.5 Waiver

Popex World’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Popex World. 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.

14.6 Contact Information

If you have any questions about these Terms or the Services, please contact Popex World at hello@popex.net