Cynthia Occelli

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Terms of Use

EFFECTIVE DATE:  This Terms of Use Agreement was last updated on December 2, 2016. 

TERMS OF USE AGREEMENT

1. INTRODUCTION

Welcome!  This Terms of Use Agreement (“Terms of Use”) applies to www.cynthiaoccelli.com, www.moodpop.com, www.beautifullifeschool.com, www.thebeautifullifeschool.com and www.resurrectingvenus.com (collectively, the “Sites“) and “The Beautiful Life School” and other current or future products and services purchased through the Sites (collectively, the “Services”), owned, operated and provided by Mood Pop, Inc. and its current and future shareholders (including, without limitation, Cynthia Occelli), affiliates, parent companies and subsidiaries (“us” or “we“).  The Sites and the Services may hereinafter be collectively referred to as, the “Sites and/or Services”.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES AND/OR SERVICES. By using the Sites and/or Services, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Sites and/or Services. In addition, when you use any of our current or future Services, you may also be subject to our guidelines, terms, conditions and agreements applicable to those Services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those Services, these Terms of Use will control.

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Sites and/or Services and data, materials, content and information available at or through the Sites and/or Services.

2.  AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Sites and/or Services following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

3.  PRIVACY

Please review our Privacy Policy, which also governs your access to and use of the Sites and/or Services, to understand our privacy practices.

We may sell products for children, but sell them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sites and/or Services only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

4. ELECTRONIC COMMUNICATIONS

When you access or use the Sites and/or Services or send e-mails or other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites or via the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5.  LIMITED LICENSE; RESTRICTIONS ON USE

All content, materials, data or information contained on the Sites or as part of the Services (collectively, “Content“), such as e-courses and course materials, e-books, interviews, meditations, podcasts, bonus materials, resources, text, graphics, logos, icons, images, stills, audio and video clips, creative materials, print, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Sites or as part of the Services is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Sites or as part of the Services is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Sites or as part of the Services are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Sites or as part of the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal, non-commercial use of the Sites and/or Services. No Content of the Sites and/or Services or any other website, products or services owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Sites or in connection with the Services. Your use of Content on any other website or computer environment is strictly prohibited.

The limited license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Sites, Services or any Content; collect and use any product or service listings, descriptions, or prices; make any derivative use of the Sites, Services or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the limited license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

6. REGISTRATION AND PAYMENT.

If you want to access and use Services or certain features or functions of the Sites, you may be (i) required to pay a fee, and/or (ii) required to create an account and provide certain non-public, personally identifiable information as specified in our Privacy Policy, which may include providing your full name, email address, choosing a password which must form a unique combination and indicated that you agree to these Terms of Use and the Privacy Policy.  We may also, from time-to-time and at any time, request that you provide other information or we may provide you with additional codes, passwords or account ID’s necessary to access and use the Services or certain functions of the Sites. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Sites and/or Services, and we shall have no obligation to investigate the authorization or source of any such access or use.

YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND US, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITES AND/OR SERVICES AND ANY CONTENT BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITES AND/OR SERVICES AND ANY CONTENT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE SITES OR IN CONNECTION WITH THE SERVICES) THAT MAY RESULT FROM SUCH ACCESS OR USE.  You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify us of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of a Site’s or a Service’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

Any processing of your payment is done by one of our third party vendors and you will be re-routed to a secure website to complete the payment transaction.  The privacy statement posted at the payment landing page operated by or on behalf of such third party vendor will govern the submission and processing of your payment details.  Please familiarize yourself with those terms prior to initiating a transaction.

Once your payment transaction is completed, you will be re-routed back to our confirmation page and will receive a confirmation email with your name, order/confirmation number and the payment amount.  Please retain this email for your records as this information will be required if you seek a refund from us.

Any fees for the Sites and/or Services, including but not limited to monthly fees, are subject to change at our discretion.

7. TERMS FOR THE BEAUTIFUL LIFE SCHOOL

The following terms shall govern your use of The Beautiful Life School, www.beautifullifeschool.com and www.thebeautifullifeschool.com (collectively, for purposes of this Section 7 only, the “BLS Service Sites”).  The Beautiful Life School and The BLS Service Sites are hereinafter collectively referred to as, the “BLS Service”.   You are required to pay a fee in order to use the BLS Service.  You will also be required to provide a credit card for the BLS Service. The one-time flat fee or paid plans and corresponding monthly rates can be found at www.beautifullifeschool.com/ (the “BLS Service Enrollment Page”) when the program is open for enrollment.  By providing a credit card and electing a one-time, flat fee or paid plan, you acknowledge and agree that your credit card will be charged the applicable rate identified on the BLS Service Enrollment Page in advance either (i) as a one-time, flat fee, or (ii) on a monthly basis for the period of time referenced on the BLS Service Enrollment Page or until you cancel the BLS Service by contacting our Customer Care or the BLS Service is terminated by us in accordance with these Terms of Use.

Credit card processing is done by one of our third party vendors and you will be re-routed to a secure website to complete the payment transaction.  The privacy statement posted at the payment landing page operated by or on behalf of such third party vendor will govern the submission and processing of your payment details.  Please familiarize yourself with those terms prior to initiating a transaction.

Once your payment transaction is completed, you will receive a confirmation email with your name, order/confirmation number and the payment amount.  Please retain this email for your records as this information will be required if you seek a refund from us, as provided below.

By enrolling in the BLS Services, (i) you may, among other thing, gain access to certain Content, and (ii) you consent to receiving coaching calls, which may or may not be offered at our discretion during your BLS Service enrollment period. All such Content will be delivered to you via download or streamed via the BLS Service.  Use of such BLS Service-related Content and the contents of or information or advice obtained or received on any coaching calls shall be subject to these Terms of Use.

You understand and agree that there will be no refunds or credits for partial months of service or for months in which you do not utilize the BLS Service.

Due to the digital nature of the BLS Service curriculum and instant access to BLS Service-related Content, the BLS Enrollment fee is non- refundable. If you decide to cancel your enrollment in the BLS Service, you will not receive a refund. Upon cancellation, you will not be billed for future months.  NO REFUNDS.

Fees for the BLS Service, including but not limited to any monthly fees, are subject to change upon notice.  Such notice may be provided by an email message or in the form of an announcement on the BLS Service Sites.

BLS Service curriculum and content may be modified, changed or withdrawn at our discretion and without notice.

8.  SYSTEM REQUIREMENTS.

Use of the certain areas of the Sites and/or Services requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). We may, at any time and from time to time, in our sole discretion, modify, revise, or otherwise change the system requirements for the Sites and/or Services and the format of any downloadable content, in whole or in part, without notice or liability to you.

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Sites and/or Services. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Sites and/or Services may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to us.

9. SUBMISSIONS, POSTINGS AND USER-GENERATED CONTENT

You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on the Sites or as part of or in connection with the Services (including, without limitation, in online communities, forms and the like), so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. You should assume that any such content may be read by others, with or without your knowledge or permission.  We reserve the right (but not the obligation) to remove or edit any such content, at our sole discretion and for any reason or no reason, without prior notice, but we do not regularly review posted content.

Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the Sites or use any Services, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

10. HYPERLINKS TO WEBSITES OF THIRD PARTIES

You should be aware that when you visit the Sites or use the Services, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Sites and/or Services, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

11. DISCLAIMER OF WARRANTIES; WAIVER AND RELEASE

THE CONTENT ON THE SITES AND ASSOCIATED WITH, OR PROVIDED IN CONNECTION WITH, OR INCLUDED AS PART OF, THE SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITES AND/OR SERVIES INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE SITES AND/OR SERVICES (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE SITES AND/OR SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE SITES AND/OR SERVICES OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITES OR ASSOCIATED WITH, OR PROVIDED IN CONNECTION WITH, OR INCLUDED AS PART OF, THE SERVICES. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE SITES AND ASSOCIATED WITH, OR PROVIDED IN CONNECTION WITH, OR INCLUDED AS PART OF, THE SERVICES (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY WEBSITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

THE SITES AND/OR SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL OR FINANCIAL ADVISOR. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. WE DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO YOU OR ANY OTHER USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION OR RESULTS FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES AND/OR SERVICES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED IN, THROUGH, AS PART OF OR IN CONNECTION WITH THE SITES AND/OR SERVICES.

YOU AGREE THAT BY USING ANY SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING SERVICES, PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS SITES AND/OR SERVICES AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, shareholders, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and reasonable legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE SITES AND/OR SERVICES OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE SITES AND/OR SERVICES OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITES AND/OR SERVICES, AS THE CASE MAY BE.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE SITES AND/OR SERVICES AND ANY OTHER WEBSITE, SERVICE, SOFTWARE, DEVICE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE SITES AND/OR SERVICES.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

14. TERMINATION

A.            These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Sites and/or Services and destroying all Content and other materials, data or information obtained from the Sites and/or Services and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by email to cynthia (at) cynthiaoccelli (dot) com.

B.            We may terminate these Terms of Use (including your access to and use of the Sites and/or Services) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Sites and/or Services and destroy all materials obtained from the Sites or from, in connection with or as a result or part of the Services, and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.

C.           We will also terminate a your access to the Sites and/or Service or any Content, if you are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a submission, positing or User-Generated content removed more than once.

D.           The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall so survive such termination.

15. DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Sites or as part of the Services;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please reach our Copyright Agent for notice of claims of copyright infringement on the Sites or as part of the Services at the following address:

Mood Pop, Inc.
c/0 Cynthia Occelli
149 S Barrington Ave., #660
Los Angeles, CA 90049

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

16. CHOICE OF LAW AND FORUM SELECTION

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your access to or use of the Sites and/or Services shall be submitted to confidential, binding arbitration in Los Angeles County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

17. OTHER LEGAL PROVISIONS

A.  We may discontinue the Sites and/or Services at any time and for any reason, without notice. We may change the contents, operation, or features of the Sites and/or Services at any time for any reason, without notice

B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Sites and/or Services. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites and/or Services or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

B.  Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

C.  If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

D.  These Terms of Use constitute the entire agreement between you and us regarding the Sites and/or Services and supersedes any prior or contemporaneous agreement regarding that subject matter.

Contact Information:  If you have a question about these Terms of Use or the Sites and/or Services in general, please contact our Customer Care in writing at cynthia (at) cynthiaoccelli (dot) com, Attention: Customer Care (in the “Subject” line).

EFFECTIVE DATE: December 2, 2013. 

Reviewed: January 11, 2017.