These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services" or “Ephemeral Labs” [and "We Are Pop Up" and "The Pop Spot" as subsidiaries]), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. What you include on Ephemeral Labs and We Are Pop Up may be viewed all around the world instantly.
You may use the Services only if you can form a binding contract with Ephemeral Labs and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Ephemeral Labs provides are always evolving and the form and nature of these Services may change from time to time without prior notice to you. In addition, Ephemeral Labs may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Ephemeral Labs on the Services are subject to change. In consideration for Ephemeral Labs granting you access to and use of the Services, you agree that Ephemeral Labs and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Ephemeral Labs cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Ephemeral Labs be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Tip This license is you authorizing us to make your projects and space reuqests available to the rest of the world and to let others do the same.
You agree that this license includes the right for Ephemeral Labs to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Ephemeral Labs for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Ephemeral Labs has an evolving set of rules for how ecosystem partners can interact with your Content. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours – you own your Content (and your photos are part of that Content).
Such additional uses by Ephemeral Labs, or other companies, organizations or individuals who partner with Ephemeral Labs, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Ephemeral Labs will not be responsible or liable for any use of your Content by Ephemeral Labs in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Ephemeral Labs gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Ephemeral Labs as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Ephemeral Labs, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Ephemeral Labs and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Ephemeral Labs name or any of the Ephemeral Labs trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Ephemeral Labs, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Ephemeral Labs’s computer systems, or the technical delivery systems of Ephemeral Labs’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Ephemeral Labs (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Ephemeral Labs (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Ephemeral Labs is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
The Terms will continue to apply until terminated by either you or Ephemeral Labs as follows.
You may end your legal agreement with Ephemeral Labs at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Ephemeral Labs when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Ephemeral Labs Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Ephemeral Labs’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
Please read this section carefully since it limits the liability of Ephemeral Labs and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Ephemeral Labs Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The failure of Ephemeral Labs to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
We may revise these Terms from time to time, the most current version will always be at Ephemeral Labs.com/tos. If the revision, in our sole discretion, is material we will notify you via an @Ephemeral Labs update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Ephemeral Labs Ltd. | England and Wales. If you have any questions about these Terms, please contact us.
Ephemeral Labs connects people everywhere to things they care about. Any registered user can list a shop, event or pop up that is public by default and can include other content like photos, location information, and links to other websites. Unless clearly marked, all information submitted through our "Add a Spot" form is available for the public to see. Marking your Spot "private" is a formal request on your part to hide contact and location details.
You may choose to publish your location in your Projects and in your Ephemeral Labs profile. You may also tell us your location when you set your project location on Ephemeral Labs.com or enable your computer or mobile device to send us location information. We may use and store information about your location to provide features of our Services, such as promotions, and to improve and customize the Services, for example, with more relevant content like local trends, stories, and promotions.
Ephemeral Labs may keep track of how you interact with links across our Services, including our email notifications, and client applications, by redirecting clicks or through other means. We do this to help improve our Services and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services. A cookie is a small data file that is transferred to your computer's hard disk. Ephemeral Labs may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.
Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your We Are Pop Up account to authenticate to a third-party website or application, or visit a third-party website that includes a We Are Pop Up button or widget. Ephemeral Labs uses Log Data to provide our Services and to measure, customize, and improve them. If not already done earlier, for example, as provided below for Widget Data, we will either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months.
Misrepresentation Act: The agents for themselves and for the vendors or lessors of this property, whose agents they are, give notice that:
(i) the particulars are set out as a general outline only for the guidance of intended purchasers or lessees, and do not constitute, nor constitute any part of, an offer or contract.
(ii) all descriptions, dimensions, reference to condition and necessary permissions for use and occupations, and other details are given without responsibility and any intending purchasers or tenants should not rely on them as statements or representation of fact, but must satisfy themselves by inspection or otherwise as to the correctness of each of them.
(iii) no person in the employment of the joint agents has any authority to make or give any representation or warranty whatever in relation to this property.