Who We Are
Popcornopolis.com and its related websites and social media platforms (the “Sites”) are operated by Barcel USA, LLC (“Barcel USA,” “Popcornopolis,” “we,” “us,” or “our”). We’re glad you’re here. These terms of use (“Terms”) apply to our Sites. We hope you will familiarize yourself with these Terms, because they reflect our understanding of how our Sites operate, what you can expect from us, and what we expect from you. Think of them as playground rules. And of course, if there’s anything you don’t understand, ask us, either by sending us a note at [email protected] or calling our customer service line at 310-414-6700 so you can speak with a real person.
These Terms of Use
This is a legally binding agreement between you and Popcornopolis. These terms of use (“Terms of Use” or “Agreement”) apply to all Sites. We hope you will familiarize yourself with these Terms, because they reflect our understanding of how our Sites operate, what you can expect from us, and what we expect from you.
These Terms of Use and our Privacy Policy make up our online policies. Each time you access the Sites, you are agreeing to these Terms. If you do not wish to be bound by these Terms of Use, you may not access or use the Sites. You represent that you are of legal age to form a binding contract (you must consult your parent or legal guardian if you are under the age of majority and in no event may you be under the age of 13).
Modifications to Terms of Use
As we learn and grow, we update our Terms, so please check back often. These Terms of Use were last updated on or around the date provided above. We reserve the right to make changes to any Terms at any time, however, Popcornopolis shall provide notification to you in advance of substantive changes becoming effective, such as by posting a notification on the Sites or by email. If you continue to access and use the Sites, including any of our Products and Services, after the effective date of such changes, then such access and use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Sites. For this reason, we encourage you to review these Terms any time you access or use the Site, and recommend that you print a copy for your records. Upon our request, you agree to accept or sign a non-electronic version of these Terms of Service and any other policies or agreements set forth or available on or through the Sites.
Eligibility
You are one of our many visitors or members who enjoy good value, great products, and exemplary customer service. Our Sites are not intended for children under the age of 13 and we do not endeavor to attract children under the age of 13.
You affirm that you are 18 years of age or older, or an emancipated minor, or over the age of 13 and possess legal parental or guardian consent to use the Sites and register for Membership. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and that if you are older than 13 years of age but younger than 18 years of age, that your parent or legal guardian has read and accepted this Agreement.
If you are under 13 years of age, please do not use our Sites. There are many websites out there that are appropriate for you, and you should talk with your parents or legal guardian about what sites are OK for you to visit. Although we cannot absolutely control whether minors gain unauthorized access to our Sites, your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 13 years of age.
Popcornopolis may change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.
Information We Provide
We endeavor to make our Sites a place you feel safe coming to, and while we cannot guarantee every statement on the Site is error-free or accurately communicated, we do work hard to make sure the information we provide is thorough and accurate. From recipes, to health notices, to nutritional and labeling information, our goal is to keep you informed about our products and your shopping experience. Always keep in mind that health and nutritional information is general in nature and is not a substitute for actual medical or professional advice. Always consult a certified medical or health professional about information you find on our Sites that believe affects you, or before you embark on any diet, exercise, purchase, or lifestyle change. We may also provide information about products available in our stores or online. Because our labels and packaging may change before we can update our Sites, we provide this information as a guideline only. Always look critically at any information presented to you and always read current labels, warnings, and directions before using or consuming a product.
We may also provide you with links to other sites. While we do make efforts to ensure the links we provide you are accurate and informational, we don’t have control over the information contained on those sites, so we do not guarantee the quality of information or any other statements made on those sites. When you click on a link that takes you away from our Sites, you are leaving the Popcornopolis online environment and you are no longer subject to these Terms.
From time to time, we might offer special programs through our Sites. Some programs are operated by Popcornopolis and these Terms, along with the specific terms of the program will apply. We also work with third parties from time to time to offer you additional savings and information or send you customer surveys (“Vendors”). Because Vendors with whom we work are not part of the Popcornopolis company, we do not control or warrant their services. In addition, we may discontinue our relationship with a specific Vendor at any time. Please check with other Vendor Sites directly for their terms of use.
Navigating our Sites
Our Sites may be accessed without registering with us. A “Visitor” is someone who is browsing through our Sites. A “Member” is someone who has registered with our Sites. Among other benefits, Members may be able to share reviews on our Sites, and receive email offers from us. You may also be required to register as a Member to participate in special promotions we offer, including contests and sweepstakes. To learn how we manage your personal information online, please see our Privacy Statement posted at http://www.popcornopolis.com/privacy-policy/. Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users.”
Give careful thought to the information you post about yourself in your profile on our Sites and that you choose to share with other Users. Certain information may never be included in your Member profile, specifically telephone numbers and street addresses.
We do not provide Internet access. You are solely responsible for any fees associated with your Internet connection.
We reserve the right to interrupt the Sites with or without prior notice for any reason or no reason. You agree that we will not be liable for any interruption of the Sites, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. We have the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Sites as it sees fit in its sole discretion.
Members and Registration Information
In order to access certain Products or Services (such as receiving our online newsletter, posting product reviews, or streamlining your purchase experience), you may be prompted to provide personal information that allows us to know who you are, such as your name, residence city, state, country, and email address (“Registration Information”). By using our Sites, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of our Sites does not violate any applicable law or regulation.
You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. We reserve all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any User of the Sites, nor any identity information about any User.
Members may be asked to enter a screen name (“User Name”). You may select any User Name so long as, in our discretion, your choice of User Name does not cause deception or confusion; nor violates any trademark right, copyright, or other proprietary right; or a name which we deem to be vulgar or offensive. We reserve the right to delete or change any User Name at our discretion. You are fully responsible for all activities conducted through your Membership or under your User Name.
You may also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another User’s name, email address, account or password at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use or access to your password. You should never respond to an online request for a password other than in connection with the log-on process on one of our Sites. Your disclosure of your password to any other person is at your own risk. Although we will not be liable for your losses caused by any unauthorized use of your information, you may be liable for our losses or the losses of others as a result of such unauthorized use.
We have the right at any time for any reason or no reason to suspend or terminate your Membership, terminate these Terms, and/or refuse any and all current or future use of the Sites without notice or liability to you.
Non-Commercial Use
Our Sites are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Sites, including collecting User Names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited messages or unauthorized framing of or linking to the Sites is prohibited. Commercial advertisements, affiliate links, spam, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your access to the Site or any portion thereof or termination of your Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Sites.
Content
Please play nice with your and other people’s information.
Access to Content
You acknowledge that: (i) by using the Sites you may have access to pictures, digital images, graphics, music, video, audio, text and other creative output (collectively, “Content”), and (ii) this Content may be provided under license by independent content providers, including contributions from other Users (all such independent content providers are “Content Providers”). Popcornopolis does not pre-screen Content, but we may respond to being alerted to objectionable Content by removing such content at our discretion, or pursuant to the Digital Millennium Copyright Act, as outlined in this terms of use.
You acknowledge that Popcornopolis, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Sites. You accept full responsibility and liability for your use of any Content in violation of any such rights. You also acknowledge that Popcornopolis is not responsible for any misuse Content you upload to our Sites by third parties.
Ownership of Content; License
You retain copyright and other intellectual property rights with respect to your own Content (such as product reviews), to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification to Popcornopolis and to other Users of our Sites.
Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the Sites, you automatically grant (and you represent and warrant that you have the right to grant) to Popcornopolis: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Sites as permitted by you through your interactions on and through the Sites, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Sites, provided that in the event that your Content appears publicly in material under the control of Popcornopolis, and you provide written notice to Popcornopolis of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow Popcornopolis, in its sole discretion, to identify the relevant Content and materials), Popcornopolis will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although Popcornopolis cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to edit or delete any or all of your Content from Popcornopolis’ servers and from the Sites, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Popcornopolis may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Sites. Further, you agree to grant to Popcornopolis a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any data or other information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy.
What you upload is yours, so take care of it. You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and Popcornopolis will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Sites, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Popcornopolis’ acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Popcornopolis’s intention not to require users of the Sites to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.
Of course, we own some things, too. In addition to all digital images, text, layout, look-and-feel, trademarks, and other intellectual property uploaded and/or used on the Sites that is not uploaded by Members, you agree that even though you may retain certain copyright or other intellectual property rights with respect to your own Content, you do not own the Membership you use to access the Sites, nor do you own any data Popcornopolis stores on Popcornopolis’s servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Sites or any rights to data stored by or on behalf of Popcornopolis.
Your Use of Content
Content available through the Sites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Sites and Content.
You may access User Content solely:
- for your information and personal use;
- as intended through the normal functionality of our Sites; and
- for Streaming. “Streaming” means a contemporaneous digital transmission of an audio or audiovisual work via the Internet from our Sites to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. Accessing User Content for any purpose or in any manner other than Streaming is expressly prohibited.
Users have the opportunity to provide comments or product reviews on the Sites (“Comments”), and these Comments are made available to you for your information and personal use solely as intended through the normal functionality of our Sites. Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of our Sites or otherwise as prohibited under this Agreement.
The opinions expressed in the Comments reflect solely the opinion(s) of their authors and do not necessarily reflect the opinion(s) of Popcornopolis. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Comments or for any results obtained from the use of any such statements or information. Under no circumstances will Popcornopolis or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Comments or on any information or materials obtained through the Sites. We have no obligation to monitor the Sites, the Content, any Comments or other materials that you or other third persons transmit or post on the Sites.
You are solely responsible for your own Content and Comments and the consequences of posting or publishing them.
None of your Content or Comments will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content or Comments. You must not transmit information to or through the Sites that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Content or Comments you submit.
We may store Content and Comments indefinitely. However, we have no obligation to store Content or Comments or make them available to you in the future and Conent and Comments may be destroyed without your permission with no liability to Popcornopolis for doing so.
You may access Popcornopolis Content, User Content and other Content only as permitted under this Agreement. We reserve all rights not expressly granted in and to the Popcornopolis Content and the Sites.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third party User Content obtained through the Sites, and that you will hold harmless Popcornopolis for any third party use, copying, or distribution of and of the Content you upload.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sites or the Content therein.
You understand that when using the Sites, you will be exposed to User Content from a variety of sources, and that Popcornopolis is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Popcornopolis with respect thereto, and agree to indemnify and hold Popcornopolis, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Sites.
Rules of Conduct
You are free to use and enjoy the Sites for your non-commercial benefit, but you may not engage in behavior that could undermine the stability or security of the Sites, subject us to legal liability, do anything that would compromise the trust we have with our customers, or use our Sites for anything but their intended uses, namely, getting to know our products.
In cases where we allow community forums, we ask that you use your company manners when sharing information with others, and not harass, defame, use inflammatory or objectionable language, or engage in inappropriate activity while on the Sites. The same is true for any images you might upload to our Sites, where we allow them: please make certain those images are ones you own, are not offensive or inflammatory, and do not infringe the rights of others. While we do not generally review content that our customers share with each other, we may remove community discussions or other customer content if we have been alerted that content is offensive or under our standards. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Sites and terminating the Membership of such violators.
In addition, you agree that you shall not:
- Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
- Impersonate any person or entity without their consent, including, but not limited to, an Popcornopolis employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Make unauthorized use of any Popcornopolis trademarks or service marks;
- You may not post any links on our Sites to any external site;
- Take any action or upload, post, e-mail or otherwise transmit Content or Comments that violates any law or regulation;
- Take any action or upload, post, e-mail or otherwise transmit Content or Comments as determined by Popcornopolis, in its sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Take any actions or upload, post, e-mail or otherwise transmit Content or Comments that contain any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Take any action or upload, post, email or otherwise transmit any Content or Comments that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that Popcornopolis considers in its sole discretion to be of such nature;
- Interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
- Attempt to gain access to any other Member’s Membership account or password; or
- “Stalk,” abuse or attempt to abuse, or otherwise harass another User. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Membership.
You agree that Popcornopolis may take whatever steps it deems necessary to abridge or prevent behavior of any sort on the Sites in its sole discretion, without notice to you.
We reserve the right, at our discretion, to modify, suspend, or discontinue the Sites, the Materials, or any part thereof with or without notice. You agree that Popcornopolis will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, your access to the Site, or the Materials.
Intellectual Property
All right, title and interest in and to the information and materials provided on or through the Sites, including without limitation, any text, graphics, logos, buttons, icons, images, product information, photographs, audio and video material or stills from audiovisual material, Side Code, upgrades for use on the Sites, and other content, features and services (collectively, the “Materials”) are the property of Popcornopolis, or the property of a third party that has licensed its content to Popcornopolis. “Site Code” means any and all underlying elements of the Sites, including without limitation source code, scripts, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Sites.
You may enjoy the materials on the Sites and use them for your personal enjoyment and in the non-commercial manner for which they were intended. Except as expressly set forth in the Terms, you may not modify, reproduce, reverse engineer, frame, distribute, scrape, transmit, license or sublicense, opublicly display, or sell in any form or b any means, ion whole or in part, any Materials without the express written consent of Popcornopolis. You also agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sites or the Content therein. All rights not expressly granted are reserved.
Our POPCORNOPOLIS® family of trademarks and trade dress, including but not limited to those marks listed below, may not be used in connection with any product or service that is not part of, or authorized by, Popcornopolis:
- Popcornopolis
- Pop City
- Zebra
- 100% Addictive
- The Popcornopolis Logo
- The Popcornopolis Cone Design
You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of our Sites in any way. You agree to indemnify, defend and hold harmless Popcornopolis for any and all unauthorized uses you may make of any material on our Sites.
Coupons, Sales, Promotions and Special Offers
We make various promotional offers from time to time on our Sites. Some offers may be informational and found only on our Sites. Coupons may be printed or may be downloaded. We ask that you review the guidelines associated with each special offer or coupon, as they will differ. In the event we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate altogether the coupon or offer. Please be advised that unless otherwise noted in the offer, all offers are for adults who are the age of majority in their state.
We may also offer our Visitors and/or Members the opportunity to participate in contests and sweepstakes. In each case, please check the rules associated with the particular promotion to determine your eligibility and to review any privacy concerns you may have.
Disclaimers
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE POPCORNOPOLIS NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE POPCORNOPOLIS OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT POPCORNOPOLIS OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL POPCORNOPOLIS OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR IS POPCORNOPOLIS LIABLE FOR ANY VIRUSES OR OTHER CIRCUMSTANCES THAT ARE BEYOND ITS CONTROL. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so (see Privacy Policy).
Jurisdictional Issues
We control and operate this site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Choice Of Law
If any disputes arise regarding your use of this Site, such disputes will be resolved according to the laws of the State of California, without reference to its choice of law provisions, and the federal or state courts of the City and County of San Francisco will have exclusive jurisdiction over all claims.
If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions.
ALL TEXTUAL GRAPHICAL AND OTHER CONTENT APPEARING ON THIS WEB SITE ARE THE PROPERTY OF POPCORNOPOLIS OR IN SOME CASES THE PROPERTY OF OTHERS FROM WHOM POPCORNOPOLIS HAS SECURED PERMISSION.
Digital Millennium Copyright Act.
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe in good faith that a Member has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.
When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Notices and Counter-Notices are legal notices distinct from regular Sites activities or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.
Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.
Filing a DMCA Notice
Please don’t abuse this system, but if you truly believe your work has been infringed, you should file a DMCA notice. To file a DMCA Notice with Popcornopolis, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA.
Your Notice must:
- Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at [list profile where material is located].”);
- Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Sites. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
- If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
- The Notice must be signed;
- The Notice must be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
Legal Department
255 Business Center Drive
Horsham, PA 19044
Email: [email protected]
Filing a Counter-Notice
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA
Your Counter-Notice must:
- Describe and list all material(s) that were removed by Popcornopolis and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
- Provide your name, address, telephone number and email address (if available);
- State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
- State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
- Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- The Counter-Notice must be signed.
- The Counter-Notice must be sent to our designated DMCA designated agent at the following address:
DMCA Designated Agent
Legal Department
255 Business Center Drive
Horsham, PA 19044
Email: [email protected]
