AGREEMENT TO OUR LEGAL TERMS
We are I’m Not Pop Culture LLC ("Company," "we," "us," "our"), a company registered in New York, United States, at 70 Virginia Rd, White Plains, NY 10603.
We operate the website https://www.imnotpopculture.xyz (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
I’m Not Pop Culture LLC is a creative marketing and technology company built to help creators, coaches, and entrepreneurs grow their influence, build their personal brands, and monetize their audiences through strategic systems and automation. Our services include:
Content Creation & Monetization Systems: We design and manage marketing systems that help personal brands and online businesses attract clients and scale their digital presence.
Automation & CRM Integration: We build done-for-you automation frameworks that connect CRMs, ads, and lead generation workflows into one seamless process.
Marketing Campaigns & Brand Strategy: We craft targeted campaigns that drive engagement, social proof, and conversions across multiple digital platforms.
AI & Data-Driven Optimization: We use advanced automation and analytics tools to enhance performance, outreach, and client retention.
At I’m Not Pop Culture LLC, our goal is to simplify and streamline your marketing and digital brand operations—so you can focus on what matters most: growing your business and serving your clients.
You can contact us by phone at (+1) 850-600-2205, email at [email protected], or by mail to 70 Virginia Rd, White Plains, NY 10603, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and I’m Not Pop Culture LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We, I’m Not Pop Culture LLC, are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business purposes only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your Submissions and Contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Legal Terms;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
(6) you will not use the Services for any illegal or unauthorized purpose; and
(7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
Mastercard
American Express
Discover
PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by I’m Not Pop Culture LLC. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
Cancellation
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize I’m Not Pop Culture LLC, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and do not promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or any other law intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to I’m Not Pop Culture LLC an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either:
(1) providing your Third-Party Account login information through the Services; or
(2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating I’m Not Pop Culture LLC to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that:
(1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists; and
(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes unavailable, or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. I’m Not Pop Culture LLC makes no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services.
You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by I’m Not Pop Culture LLC. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold I’m Not Pop Culture LLC blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Services for violations of these Legal Terms;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Services in a manner designed to protect the rights and property of I’m Not Pop Culture LLC and to facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.imnotpopculture.xyz/privacy-policy.
By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States and you expressly consent to have your data transferred to and processed in the United States.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification").
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that, pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
Contact Information:
I’m Not Pop Culture LLC
📧 Email: [email protected]
📬 Mailing Address: 70 Virginia Rd, White Plains, NY 10603, United States
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, I’m Not Pop Culture LLC RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, I’m Not Pop Culture LLC reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
16. MODIFICATIONS AND INTERRUPTIONS
I’m Not Pop Culture LLC reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other issues or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. I’m Not Pop Culture LLC reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
You agree that I’m Not Pop Culture LLC has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate I’m Not Pop Culture LLC to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Westchester County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other details. I’m Not Pop Culture LLC reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES PROVIDED BY I’M NOT POP CULTURE LLC ARE OFFERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, I’M NOT POP CULTURE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
I’M NOT POP CULTURE LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
I’M NOT POP CULTURE LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL I’M NOT POP CULTURE LLC, NOR ITS DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD.
CERTAIN U.S. STATE LAWS AND INTERNATIONAL 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 ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless I’M NOT POP CULTURE LLC, including its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your Contributions;
Your use of the Services;
Your breach of these Legal Terms;
Any breach of your representations and warranties set forth in these Legal Terms;
Your violation of the rights of a third party, including but not limited to intellectual property rights; or
Any overt harmful act toward another user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, I’M NOT POP CULTURE LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate—at your own expense—with our defense of such claims.
We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
23. USER DATA
I’m Not Pop Culture LLC will maintain certain data that you transmit to the Services for the purpose of managing and improving the performance of the Services, as well as data related to your use of the Services. Although we perform regular, routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
You agree that I’m Not Pop Culture LLC shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically—via email or on the Services—satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY I’M NOT POP CULTURE LLC OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require:
An original (non-electronic) signature,
Physical delivery or retention of non-electronic records, or
Payments or the granting of credits by any means other than electronic means.
25. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from I’m Not Pop Culture LLC, simply reply to the text with “STOP.” You may receive one final SMS message confirming your opt-out.
Message and Data Rates
Please note that message and data rates may apply to any SMS messages sent or received. These rates are determined by your mobile carrier and the specifics of your wireless plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at [email protected].
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with I’m Not Pop Culture LLC is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by I’m Not Pop Culture LLC on the Services, or in respect to the Services, constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services.
You agree that these Legal Terms shall not be construed against I’m Not Pop Culture LLC by virtue of having drafted them.
You hereby waive any and all defenses based on the electronic form of these Legal Terms and the lack of physical signatures by the parties to execute these Legal Terms.
28. DEFINITIONS
I’m Not Pop Culture LLC (also referred to as “I’m Not Pop Culture,” “Company,” “we,” or “us”):
The provider of digital marketing, brand management, and reputation services described in this agreement.
Client (also referred to as “you” or “Customer”):
The business, organization, or individual that has contracted with I’m Not Pop Culture LLC to use the Services to enhance their online presence, request customer feedback, or manage brand reputation. The Client is typically a business seeking to improve brand awareness, engagement, or gather feedback from its audience through digital communication channels.
End Customer (or “Customer of Client”):
An individual or entity who is a customer, patron, or user of the Client’s products or services, and whose contact information is provided to I’m Not Pop Culture LLC for the purpose of sending promotional, feedback, or brand-related communications on behalf of the Client. These are the recipients of SMS, email, or other communications sent through the Services.
Services:
The marketing, automation, and reputation management services and related features provided by I’m Not Pop Culture LLC under these Terms. This includes the automated sending of SMS/text messages, emails, and other digital communications; integrations with third-party platforms (such as social media, CRM systems, or Google Business Profile); and any software, websites, or applications through which the Services are delivered.
Google Business Profile:
The Google service for managing online business listings and reviews (formerly known as Google My Business). Integration with Google Business Profile in the context of these Terms refers to connecting the Client’s Google listing to the Services so that customers can be directed to leave reviews or engage with the Client’s business.
Default Messaging Preferences:
The predefined or Client-selected settings within the Services that determine the content and timing (cadence) of communications sent to End Customers. This may include message templates or scripts provided by I’m Not Pop Culture LLC and rules (e.g., follow-up timing) applied when contacting End Customers, unless the Client customizes these preferences.
CRM (Customer Relationship Management) System:
A third-party software system used by the Client to manage customer information, which may be integrated with the Services. Integration with a CRM allows automatic retrieval or syncing of End Customer data to facilitate communications, campaign tracking, and performance reporting.
Applicable Laws:
All laws, statutes, regulations, and rules applicable to the Client, I’m Not Pop Culture LLC, and the handling of End Customer data and communications under these Terms. This includes, without limitation, data protection and privacy laws and regulations such as the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Canada’s Anti-Spam Legislation (CASL), and electronic communication and marketing laws such as the U.S. CAN-SPAM Act and Telephone Consumer Protection Act (TCPA), as well as other relevant state, provincial, or federal laws.
29. SCOPE OF SERVICES
Feedback & Reputation Communications:
I’m Not Pop Culture LLC will, on the Client’s behalf, send out customer engagement or feedback request communications to the Client’s End Customers. These communications may include SMS/text messages, emails, or other digital messages and will typically invite, remind, or encourage End Customers to share their feedback, leave a review, or engage with the Client’s brand (e.g., by leaving a Google review or interacting on social media). All communications are sent in the Client’s name, clearly identifying the Client as the sender, while I’m Not Pop Culture LLC operates as a supporting service provider in the background.
Integrations for Automation:
As part of the Services, I’m Not Pop Culture LLC may integrate with third-party platforms and accounts to automate and streamline outreach or feedback collection. These integrations may include the Client’s Google Business Profile (to generate direct links for Google reviews), social media accounts (for engagement or posting review content), and the Client’s CRM or customer database. Through these integrations, the Service can automatically retrieve customer contact data and trigger communications (e.g., after a purchase, booking, or service completion). The Client authorizes I’m Not Pop Culture LLC to access and use such connected accounts and systems solely for the purpose of providing the contracted Services.
Default Settings and Customization:
The Client may configure default messaging and automation preferences within the platform. By default, I’m Not Pop Culture LLC provides pre-approved message templates, follow-up sequences, and timing cadences (e.g., an initial message followed by one or more reminders at set intervals). These templates and schedules will be used unless modified by the Client. The Client can fully customize the message copy, tone, timing, number of follow-ups, and audience segmentation. If no changes are made, the default templates and cadence are deemed Client-approved for use.
Scope Limitations:
The Services provided by I’m Not Pop Culture LLC are limited to customer outreach, engagement, and feedback facilitation. While the platform includes automation, monitoring, and integration tools, it does not guarantee specific outcomes such as positive feedback, higher ratings, or the removal of negative reviews.
I’m Not Pop Culture LLC may assist with response management or brand messaging strategies if explicitly included in the Client’s service package, but under these Terms, its role is limited to automation, communication facilitation, and reporting—not content moderation or review manipulation.
30. CLIENT RESPONSIBILITIES
The Client agrees to the following responsibilities and obligations to ensure lawful and effective use of the Services provided by I’m Not Pop Culture LLC:
Obtain and Maintain Consent
You must have explicit permission from each End Customer before I’m Not Pop Culture LLC sends them any SMS, email, or other communications.
Before uploading or providing any End Customer’s contact information to the Service, you must have obtained all necessary and legally required consents to contact that End Customer through the intended communication method (e.g., text, email, etc.).
This includes compliance with:
TCPA (Telephone Consumer Protection Act) for U.S. text messaging,
CAN-SPAM Act for email marketing,
and similar international consent regulations.
You may only send communications to individuals who have opted in or agreed to receive such messages from you.
If an End Customer revokes consent or opts out, you are responsible for updating your system settings or notifying I’m Not Pop Culture LLC immediately to ensure no further communications are sent.
Compliance with Data Privacy Laws
You are solely responsible for complying with all applicable privacy and data protection laws regarding End Customer data and communications.
This includes, but is not limited to:
GDPR (EU General Data Protection Regulation)
CCPA (California Consumer Privacy Act)
CASL (Canada’s Anti-Spam Legislation)
and any other national or regional privacy laws concerning electronic communications.
As the data controller/business, you must:
Provide all required privacy notices to your End Customers,
Obtain valid consent for collecting and using their data, including sharing it with service providers like I’m Not Pop Culture LLC,
Ensure your practices remain compliant if you expand into new jurisdictions or markets.
Accurate Data and Lawful Use
You are responsible for the accuracy, quality, and legality of all End Customer data you provide.
You may only upload or use data that has been collected lawfully and that is current and accurate.
You agree not to use the Services for any of the following:
Sending communications to individuals who have not provided consent,
Contacting addresses or numbers listed on do-not-contact lists,
Including false, deceptive, or misleading content in any message,
Using the Services for non-approved marketing or any unlawful purpose.
All communication through the Service must comply with Applicable Laws, including required disclosures and opt-out options.
Maintain Integrations and Access
If you connect third-party accounts or systems to the I’m Not Pop Culture LLC platform (e.g., Google Business Profile, Facebook, CRM), you are responsible for maintaining those connections.
This includes:
Keeping credentials, API tokens, and logins current,
Reconnecting or updating integrations if they expire or are reset.
I’m Not Pop Culture LLC is not liable for any failure to deliver communications or interruptions in service caused by expired credentials, disconnected accounts, or other Client-side issues.
Regulatory Compliance
It is your duty to ensure your use of the Services — including the content, frequency, and timing of all communications — complies with all Applicable Laws.
While I’m Not Pop Culture LLC may provide templates and automation tools, you are responsible for verifying that their use meets all regulatory requirements (e.g., proper disclaimers, opt-out links, or identification text).
You are encouraged to consult your own legal counsel to confirm compliance with industry-specific and jurisdiction-specific laws.
The Client accepts full legal responsibility for any misuse or non-compliance and agrees to indemnify I’m Not Pop Culture LLC against all resulting claims, penalties, or damages as outlined in the Indemnification section of these Terms.
31. MESSAGING CONTENT & AUTOMATION
Authorization to Send on Client’s Behalf
By using the Services, the Client authorizes I’m Not Pop Culture LLC to send SMS messages, emails, and other electronic communications to End Customers on the Client’s behalf.
These messages will appear to come from the Client’s business (using the sender information configured in the Service setup, such as the business name or assigned phone number/email address).
The purpose of these messages is to request feedback, reviews, or engagement and may include the Client’s name, contact details, and a direct link or instructions for leaving feedback (e.g., a link to the Client’s Google review or social page).
Use of Default Scripts and Cadence
By default, I’m Not Pop Culture LLC provides professional, pre-approved message templates and a standard message cadence (follow-up schedule).
Unless the Client chooses to modify them, these default templates and timing will be used automatically.
These scripts are written to be professional, compliant, and effective—for example, sending a feedback request shortly after an interaction, followed by a single reminder if no response is received.
The Client has the opportunity to review these templates during onboarding or within their account dashboard.
If the Client does not make changes, they grant I’m Not Pop Culture LLC permission to use these defaults on their behalf.
Client Customization and Control
The Client has full control to edit or override any default message content and schedule within the platform.
Customizations may include:
Editing message text and tone,
Adding branding elements,
Adjusting the number of reminders or intervals,
Choosing communication channels (e.g., SMS only, email only, etc.).
Once changes are made, I’m Not Pop Culture LLC will send messages according to the Client’s custom settings.
The Client assumes full responsibility for the legality, accuracy, and appropriateness of all customized messages and their compliance with applicable laws.
Content Responsibility and Disclaimer
I’m Not Pop Culture LLC acts solely as a neutral facilitator of communications.
Whether the Client uses default templates or custom messages, the Client is entirely responsible for all message content sent through the Service.
The Company does not independently verify or censor message content (except to block known prohibited material) and is not liable for any resulting claims, including but not limited to:
Misleading, harassing, or unsolicited communications,
Violations of consent, spam, or advertising laws,
Any harm or complaints arising from message tone, wording, or delivery.
The Client must ensure that all messages are truthful, lawful, and appropriate before they are sent.
Frequency and Cadence of Messages
The default message cadence provided by I’m Not Pop Culture LLC is designed to balance effectiveness with user experience (e.g., one initial message and one reminder).
However, the Client may adjust this cadence at any time.
The Client is solely responsible for:
The number of messages sent to each End Customer,
The timing between follow-ups, and
Ensuring compliance with communication regulations and anti-spam laws.
If End Customers perceive the Client’s frequency as excessive, intrusive, or non-compliant, I’m Not Pop Culture LLC assumes no liability.
Opt-Out Handling
I’m Not Pop Culture LLC’s systems automatically recognize and process standard opt-out requests (e.g., “STOP” for SMS or unsubscribe links in emails).
However, the Client remains ultimately responsible for ensuring opt-out compliance.
The Client must:
Regularly review opt-out notifications,
Avoid re-uploading unsubscribed contacts,
Ensure no further communication is sent to opted-out individuals.
Failure to do so may violate communication laws, for which I’m Not Pop Culture LLC bears no responsibility.
No Liability for Message Outcomes
I’m Not Pop Culture LLC does not guarantee that recipients will react positively or engage with messages.
The Client acknowledges that feedback solicitation inherently involves reputational risk—some recipients may leave negative reviews or respond unfavorably.
The Company’s responsibility is limited to executing and delivering the Client’s approved communications.
The Client agrees that I’m Not Pop Culture LLC shall not be held liable for:
Negative feedback resulting from a message,
Loss of goodwill or reputation, or
Any indirect effects arising from message delivery or customer response.
32. DATA USE & STORAGE
Data Processing Role
In providing the Services, I’m Not Pop Culture LLC acts as a data processor (or “service provider”) on behalf of the Client. The Client is the data controller (or “business,” as defined under laws such as the CCPA), meaning the Client determines the purposes and means of processing the personal data of its End Customers.
All End Customer data shared with I’m Not Pop Culture LLC remains under the Client’s ownership and control. The Company will process this data only as necessary to deliver the contracted Services and in accordance with the Client’s instructions and these Terms.
Purpose of Data Use
Client data — including End Customer names, emails, phone numbers, and any other contact information — will be used solely for providing the agreed Services, such as sending customer communications, managing automations, and improving platform performance.
I’m Not Pop Culture LLC will never sell, rent, or use End Customer data for any unrelated marketing or promotional purpose without explicit Client consent and compliance with applicable law.
Aggregated or anonymized data (data that cannot identify individuals) may be used internally for analytics, platform optimization, and service improvement, but never in a manner that reveals personal information.
Data Security
I’m Not Pop Culture LLC is committed to safeguarding all Client and End Customer data using reasonable and appropriate technical and organizational measures, including but not limited to:
Encryption of data in transit and at rest,
Secure cloud hosting environments,
Multi-factor authentication and access controls,
Regular security assessments and audits.
While all practical measures are taken to ensure data protection, the Client acknowledges that no digital system can be guaranteed 100% secure. In the event of a data breach affecting End Customer information, I’m Not Pop Culture LLC will notify the Client as required by law and cooperate in any remediation or compliance efforts.
Data Privacy Compliance
As the data controller, the Client bears responsibility for ensuring that all data collection, sharing, and processing involving I’m Not Pop Culture LLC complies with applicable data protection and privacy laws, including but not limited to:
GDPR (European Union)
CCPA (California)
CASL (Canada)
and other regional or national privacy regulations.
The Client must:
Obtain valid consent or have a lawful basis for processing and sharing End Customer data,
Provide all required privacy notices to its End Customers,
Handle any consumer data requests (access, deletion, correction, etc.) in accordance with privacy laws.
Upon the Client’s instruction, I’m Not Pop Culture LLC will reasonably assist with fulfilling these data rights requests, including deleting or returning data as required.
Data Storage and Retention
End Customer data is stored securely on protected servers and retained only as long as necessary to fulfill the contracted Services or as directed by the Client.
If the Client terminates the Services, I’m Not Pop Culture LLC will delete or return all End Customer data upon request, except where retention is required by law (e.g., maintaining proof of consent or compliance logs).
Retention periods will align with industry standards and applicable regulations.
International Data Transfer
Depending on the Client’s location and the Company’s infrastructure, End Customer data may be processed or stored in a jurisdiction different from where it was collected.
I’m Not Pop Culture LLC will ensure all cross-border data transfers comply with applicable laws and incorporate appropriate safeguards such as Standard Contractual Clauses (SCCs) when necessary.
Indemnity for Data Violations
The Client agrees to indemnify and hold harmless I’m Not Pop Culture LLC from any claims, penalties, or damages resulting from the Client’s failure to comply with data privacy laws.
This includes—but is not limited to—cases where:
The Client failed to obtain proper consent,
Shared data unlawfully,
Misused the platform in violation of privacy regulations.
If a complaint, investigation, or regulatory action arises from Client-controlled data handling, the Client will bear full responsibility for the defense and any resulting costs.
Data Processing Agreement
If required by law (e.g., under GDPR), these Terms — together with the Privacy Policy and any supplemental addendums — shall constitute a Data Processing Agreement (DPA) between the Client and I’m Not Pop Culture LLC.
By accepting these Terms, the Client acknowledges and agrees that this section satisfies all legal requirements of a DPA, including data processing purposes, security obligations, and cooperation terms between both parties.
33. SERVICE LIMITATIONS & NO GUARANTEES
No Guarantee of Reviews or Outcomes
The Client acknowledges that I’m Not Pop Culture LLC makes no guarantees of any specific results or outcomes from the use of its Services.
While using the platform may increase the likelihood of receiving feedback, I’m Not Pop Culture LLC does not promise or warrant:
The number of reviews obtained,
The tone, sentiment, or star rating of reviews,
Any improvement in online reputation, sales, or brand performance.
End Customers maintain full discretion over whether to respond and what feedback to provide. Any testimonials, examples, or success stories referenced by I’m Not Pop Culture LLC are illustrative only and not guarantees of future performance.
Not a Reputation Management Service
The Services provided by I’m Not Pop Culture LLC are strictly limited to facilitating automated feedback and review requests.
They do not include:
Monitoring of third-party review platforms,
Responding to or managing customer feedback,
Intervening in disputes, moderating reviews, or removing content,
Engaging in any form of reputation management.
It is the Client’s sole responsibility to monitor reviews, respond to customers, and manage public interactions on platforms like Google, Yelp, Facebook, etc.
For example, if an End Customer leaves a negative review, it is up to the Client to address or resolve it directly.
No Endorsement or Filtering
I’m Not Pop Culture LLC does not pre-screen, filter, or exclude End Customers based on perceived satisfaction or sentiment.
The Service does not engage in “review gating”, meaning all provided End Customers are treated equally in the solicitation process.
The platform provides tools to collect authentic, unbiased feedback.
The Client acknowledges that this may result in receiving both positive and negative reviews as part of an honest customer feedback process.
Service Availability
While I’m Not Pop Culture LLC strives to maintain consistent uptime and reliability, the Client acknowledges that the Service may occasionally experience interruptions due to:
Scheduled maintenance or updates,
Network failures, outages, or latency,
API issues with third-party platforms (e.g., Google, Meta, CRMs, SMS gateways),
Unforeseen technical or infrastructure issues.
The Company will make commercially reasonable efforts to restore service quickly in the event of an outage, but reasonable downtime shall not constitute a breach of contract.
Third-Party Fees and Platform Changes
The Client is solely responsible for any third-party costs associated with using the Services, including:
SMS carrier charges,
Data plan costs,
CRM or API integration fees,
Email provider or automation system expenses.
Additionally, I’m Not Pop Culture LLC cannot control external systems or policies. If a third-party platform (e.g., Google, Facebook, or a CRM provider) modifies its API access, pricing, or terms of use, the functionality or availability of certain features may be affected.
Such external changes are outside the Company’s control and do not constitute a failure of Service.
“As-Is” Service and Disclaimer of Warranties
The Services are provided strictly on an “as is” and “as available” basis.
To the fullest extent permitted by law, I’m Not Pop Culture LLC expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
Implied warranties of merchantability or fitness for a particular purpose,
Non-infringement of intellectual property rights,
Any warranty that the Service will meet the Client’s specific goals or expectations.
The Company does not warrant that:
The Services will operate uninterrupted or error-free,
All defects will be corrected immediately, or
Any specific outcome or result will occur.
The Client assumes full responsibility and risk for all outcomes resulting from the use of the Services.
No advice, statement, or information (oral or written) provided by I’m Not Pop Culture LLC or through its platform shall create any warranty not explicitly stated in these Terms.
34. TERMINATION & SUSPENSION
Termination by Client (Cancellation)
The Client may cancel their subscription or stop using the Services at any time.
Cancellation can typically be completed through the account settings within the I’m Not Pop Culture LLC platform or by providing written notice via email to [email protected] (or the designated support channel).
Unless otherwise specified, cancellation will take effect at the end of the current paid billing cycle.
For example, if a monthly subscriber cancels mid-month, access will continue until the end of that billing period, after which the subscription will not renew.
It is the Client’s responsibility to back up or export any data they wish to retain prior to termination.
Termination or Suspension by I’m Not Pop Culture LLC
I’m Not Pop Culture LLC reserves the right to suspend or terminate a Client’s access to the Services, in whole or in part, under any of the following conditions:
Material Breach:
If the Client breaches any material term of these Terms (e.g., non-payment, violating messaging rules, or misuse of the Service) and fails to cure such breach within a reasonable time after receiving notice (if a cure is possible).
Unlawful or Abusive Use:
If the Client uses the Services in a manner that violates any law or regulation, infringes upon third-party rights, or involves the transmission of unsolicited, harassing, or unlawful communications.
Security or Platform Risk:
If the Client’s use of the Services poses a security risk, disrupts the platform, or could expose I’m Not Pop Culture LLC or others to potential liability.
Abuse or System Misuse:
If the Client attempts to manipulate, overload, or interfere with the system — for instance, sending excessive or automated messages beyond reasonable business volume.
Legal or Regulatory Action:
If required by law, court order, or government authority, I’m Not Pop Culture LLC may suspend or terminate access immediately.
Whenever feasible, the Company will notify the Client of the reason and effective date of suspension or termination.
However, in urgent cases (such as clear legal violations or security threats), termination may occur immediately without prior notice.
Effect of Termination
Upon termination, the Client’s access to the platform and Services will cease immediately.
I’m Not Pop Culture LLC will stop all ongoing or scheduled automations, campaigns, or communications.
The Client should promptly export or download any data (such as contact lists, campaign logs, or reports) they wish to retain.
Following termination, the Company may delete or disable Client data from its systems after a reasonable retention period, subject to compliance with legal obligations.
Certain data (e.g., invoices, transaction records, or anonymized analytics) may be retained as required by law or for legitimate business purposes.
Any personal data will be handled in accordance with the Data Use & Storage section of these Terms.
No Refunds on Termination for Cause
If the Client’s account is terminated due to a violation of these Terms or unlawful activity, no refund will be issued for any remaining subscription or prepaid fees.
For example, if the Client pays annually and is terminated mid-year for violating terms, all unused months are forfeited.
This forfeiture is in addition to any other legal remedies available to I’m Not Pop Culture LLC.
Reactivation
If an account is suspended (but not permanently terminated) for remediable reasons such as non-payment or policy violations, the Client may request reactivation once the issue is resolved.
Reactivation may require:
Settlement of outstanding balances,
Payment of a reactivation fee (if applicable),
Agreement to updated Terms if revisions occurred during suspension.
I’m Not Pop Culture LLC reserves full discretion over whether to reinstate a suspended account.
Termination for Convenience by Company
While uncommon, I’m Not Pop Culture LLC may terminate this Agreement for convenience — for instance, if the Company discontinues a product line, service feature, or market segment.
In such cases, the Company will provide at least 30 days’ advance written notice to the Client and will refund any prepaid fees for the unused portion of the subscription beyond the termination date.
This refund will be the Client’s sole and exclusive remedy for such termination.
Survival of Terms
The following provisions shall survive termination or expiration of these Terms:
Indemnification
Limitation of Liability
Data Use & Storage
Governing Law and Dispute Resolution
Accrued Payment Obligations
All other rights and licenses granted to the Client under these Terms will immediately terminate upon the effective date of cancellation or termination.
35. INDEMNIFICATION CLAUSE
You represent and warrant that you will only upload, import, or otherwise provide to I’m Not Pop Culture LLC (or grant it access to) contact information of individuals who have explicitly consented to receive communications through the platform.
Such communications may include, without limitation, SMS messages, MMS messages, emails, in-app notifications, or other electronic messages.
You are solely responsible for ensuring that all individuals whose information you upload or share have validly given consent and have not withdrawn or opted out of receiving such communications.
Indemnification Obligation
You agree to defend, indemnify, and hold harmless I’m Not Pop Culture LLC, its affiliates, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”) to the fullest extent permitted by law, from and against any and all claims, actions, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Lack of Consent:
Uploading or transmitting contact information for individuals who have not expressly consented to receive communications, or whose consent has expired or been withdrawn.
Unauthorized Data Sharing:
Disclosing or transmitting personal data or contact lists to I’m Not Pop Culture LLC (including via CRM integrations or imports) that contain individuals lacking proper consent.
Opt-Out Violations:
Sending or causing to be sent any communication (SMS, MMS, email, in-app message, etc.) via the platform to individuals who have opted out or expressed refusal to receive such communications.
Legal Compliance Breaches:
Any allegation that your communications, data practices, or use of the Services violated applicable laws or regulations, including but not limited to:
The Telephone Consumer Protection Act (TCPA),
The CAN-SPAM Act,
The California Consumer Privacy Act (CCPA),
The General Data Protection Regulation (GDPR),
Or any similar state, federal, or international privacy or marketing law.
Third-Party Actions:
Any act or omission by your employees, contractors, clients, or other third parties acting on your behalf, which—if performed by you—would constitute a breach of your obligations under these Terms.
Scope and Survival
This indemnification applies regardless of the cause of action or theory of liability, including negligence, strict liability, or statutory violation.
Your obligation to indemnify shall survive termination or expiration of this Agreement and continue for as long as any claim or liability may exist relating to your use of the Services.
Summary
In essence, you assume full legal responsibility for ensuring compliance with all consent, data protection, and messaging laws when using I’m Not Pop Culture LLC’s Services.
If your use of the platform results in any complaint, investigation, or enforcement action, you — not I’m Not Pop Culture LLC — will bear all related costs and liabilities.
36. MISCELLANEOUS
Modifications to Terms
I’m Not Pop Culture LLC reserves the right to modify, revise, or update these Terms at any time.
If changes are made, we will provide reasonable notice by one or more of the following methods:
Emailing the most recent address associated with your account,
Posting a notice within the platform, or
Publishing an updated version on our website.
It is your responsibility to review any updated Terms.
Your continued use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms.
If you do not agree with the revisions, you must discontinue use of the Services and, if applicable, cancel your subscription.
Entire Agreement
These Terms (including any signed order forms, service agreements, Privacy Policy, or Data Processing Addendum) represent the entire agreement between you and I’m Not Pop Culture LLC regarding your use of the Services.
They supersede all prior or contemporaneous understandings, proposals, communications, or agreements—whether written or oral—pertaining to the same subject matter.
Each party acknowledges that it has not relied on any prior representations or promises except those expressly stated in these Terms.
Severability
If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable.
If modification is not possible, that provision shall be deemed severed from the Terms, and the remaining provisions shall remain in full force and effect.
No Waiver
No delay or failure by either party to exercise any right, power, or remedy under these Terms shall constitute a waiver of that right.
Similarly, a single or partial exercise of any right shall not preclude the exercise of any other rights or remedies.
Any waiver by I’m Not Pop Culture LLC must be in writing and signed by an authorized representative.
Assignment
The Client may not assign or transfer its rights or obligations under these Terms to any third party without prior written consent from I’m Not Pop Culture LLC.
Any attempted assignment without consent shall be null and void.
I’m Not Pop Culture LLC may freely assign or transfer its rights and obligations under these Terms to:
An affiliate or subsidiary, or
In the event of a merger, acquisition, reorganization, or sale of all or substantially all of its assets related to the Services.
These Terms shall bind and benefit the parties and their permitted successors and assigns.
Relationship of the Parties
The relationship between I’m Not Pop Culture LLC and the Client is strictly that of independent contractors.
Nothing in these Terms creates or shall be construed to create a partnership, joint venture, franchise, or agency relationship.
Neither party has authority to bind or obligate the other in any manner without express written consent.
Each party remains solely responsible for its own employees, operations, and obligations.
Force Majeure
I’m Not Pop Culture LLC shall not be liable for any delay, interruption, or failure to perform obligations due to causes beyond its reasonable control (“Force Majeure”).
Force Majeure events include, but are not limited to:
Natural disasters (fire, flood, earthquake, storm),
Acts of war, terrorism, or civil unrest,
Strikes, labor disputes, or government actions,
Internet or network failures, power outages, or
Pandemics, epidemics, or similar public emergencies.
In such events, the Company will make commercially reasonable efforts to resume normal operations promptly.
This clause does not excuse payment obligations for Services already rendered.
Notices
Notices or legal communications to the Client will be sent to the email address or contact information associated with their account.
Notices to I’m Not Pop Culture LLC should be sent to:
[email protected]
or mailed to the Company’s registered business address:
70 Virginia Rd, White Plains, NY 10603, United States.
Notices are deemed received when:
Delivered personally,
Sent via confirmed email,
Delivered by overnight courier (after one business day), or
Delivered by postal mail (after three business days, or longer if international).
Headings and Interpretation
Headings are provided for convenience only and do not affect the meaning or interpretation of any provision.
Words in the singular include the plural, and vice versa.
The words “including” or “includes” shall be interpreted to mean “including without limitation.”
Contact Information
For questions or concerns about these Terms or the Services, please contact:
📧 [email protected]
📍 I’m Not Pop Culture LLC
70 Virginia Rd, White Plains, NY 10603
United States
37. CONTACT US
If you have any questions, concerns, or wish to resolve a complaint regarding the Services, please contact us at:
I’M NOT POP CULTURE LLC
70 Virginia Rd
White Plains, NY 10603
United States
📞 Phone: (+1) 850-600-2205
📧 Email: [email protected]