PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF SOUL POPPED GOURMET POPCORN.COM and POPCORN WITH PURPOSE.COM (“Site” or “Sites”).
This Site is owned and operated by Soul Popped Gourmet Popcorn, Incorporated and its affiliate company, Popcorn with Purpose (“Soul Popped,” “Soul Popped Gourmet Popcorn”, “Popcorn with Purpose”, “we” or “us”). All vectors, images, clipart and illustrations (collectively, “Content”) on this Site are owned by or are licensed to Soul Popped or its suppliers and protected by international copyright laws and treaty provisions. Soul Popped Gourmet Popcorn retains all rights not expressly granted by these Terms. In addition, Soul Popped Gourmet Popcorn reserves the right to terminate this Site without notice to you.
Any Content downloaded by you from this Site, including, without limitation, any vectors, images, clipart, or illustration incorporated in or generated by the software, and data accompanying the software is licensed to you by Soul Popped Gourmet Popcorn. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the Soul Popped Gourmet Popcorn End User License Agreement (“EULA”) and any relevant Licensing Agreements.
LINKS TO THIRD PARTY SITES
Soul Popped Gourmet Popcorn provides links to third party sites as a convenience to you. Soul Popped Gourmet Popcorn does not control third party sites or links to third party sites. Links to third party sites are not an endorsement by Soul Popped Gourmet Popcorn of such sites. Soul Popped Gourmet Popcorn is not responsible for the content of any linked sites.
The site, services and content, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Soul Popped Gourmet Popcorn does not warrant that the site and content will meet your requirements or that its use will be uninterrupted or error-free. The entire risk as to the quality and performance of the site and content is with you.
YOU REPRESENT, WARRANT AND COVENANT THAT:
- You are at least 18 years of age and have the right to enter into these Terms;
- Your use of the Site and Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
- The information you provide to Soul Popped Gourmet Popcorn is accurate and true, including without limitation all credit card information; and
- You agree that all passwords to your Soul Popped Gourmet Popcorn account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to:
- restrict or terminate your use of the Site and Content immediately with notice to you;
- retain all unpaid payments pursuant to the relevant EULA; and
- seek any legal or equitable remedies.
RESTRICTION AND TERMINATION
Soul Popped Gourmet Popcorn may restrict or terminate your access to the Site and your use of the Content, at any time, without notice to you if you fail to comply with any of these Terms.
Restriction/Termination: In the event Soul Popped Gourmet Popcorn restricts or terminates your access to the Site and/or the use of the Content, you must immediately cease to use the Content that you have downloaded as of the date of restriction or termination and delete and destroy all Content downloaded by you and in your possession.
Further, in order to facilitate a smooth download process and to ensure the best possible service to all Soul Popped Gourmet Popcorn users, Soul Popped Gourmet Popcorn may, at its sole discretion, restrict or limit sales of the Content by any Soul Popped Gourmet Popcorn users (including you) to a fixed amount of total sales of Content per 24 hour period. For the avoidance of doubt, the 24-hour period will be based on Coordinated Universal Time (UTC).
LIMITATION OF REMEDIES
No Monetary Damages: Unless otherwise stated in the EULA to which you are a party, under no circumstances whatsoever will Soul Popped Gourmet Popcorn be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the Content even if Soul Popped Gourmet Popcorn or a distributor authorized by Soul Popped Gourmet Popcorn has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully defend and indemnify Soul Popped Gourmet Popcorn, its employees, directors, and officers, and anyone else associated with Soul Popped Gourmet Popcorn, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys’ fees and expenses, arising out of or related to the use of the Site, your breach / alleged breach of the warranty above or these Terms.
You may not assign or transfer to anyone the rights granted to you in these Terms, without Soul Popped Gourmet Popcorn’s prior written consent.
These Terms shall be governed by, and shall be construed in accordance with, the internal substantive laws of the State of Texas in the United States of America. Any dispute, controversy or claim arising out of or relating to these Terms, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Austin, Texas under the Mediation and Arbitration rules and procedures then in effect. The number of arbitrators shall be one. The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
Your continued use of the Content and/or Site implies your full consent to Soul Popped Gourmet Popcorn’s use of your corporate/business identity for promotional purposes of Soul Popped Gourmet Popcorn without the need for payment any consideration thereof.
This policy is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing the terms of this policy, the English version shall prevail.