Agreement
Before You may use the Popcorn Film Club’s Website, You must agree to all of the terms and conditions of this agreement (“Agreement” or “Terms of Use”). Your agreement to this entire Agreement is also required as a condition for authorised access to computers, servers, and computer databases in order to access or use videos, photographs, music, text, graphics, and/or other Content available in, at, on, through, from, or in association with the Popcorn Film Club Website. If You do not agree to this Agreement in its entirety, You will not be permitted to access such computers, databases, or Content, or to use the Popcorn Film Club Website in any other way.
THEREFORE, IT IS VERY IMPORTANT THAT YOU READ THIS AGREEMENT CAREFULLY BECAUSE BY CONTINUING TO USE THE WEBSITE, ACCESSING CONTENT FROM THE WEBSITE, OR USING ANY SERVICE PROVIDED BY THE COMPANY, YOU AGREE THAT YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL OF THE TERMS, CONDITIONS, AND OTHER PROVISIONS SET FORTH IN
This Agreement was written in English. To the extent any translated version of this Agreement conflicts with the English version, the English version shall control. The parties to this Agreement are You, a “User” of the popcornfilmclub.com Website and PopCorn Film Club, (hereinafter, the “Company”). As used in this Agreement, the terms “We”, “Us”, “Our” and variants thereof are used interchangeably to refer to the Company and variants of the word “You” (“Your”, etc.) are used interchangeably to refer to You. Acceptance. By accessing or using the Website or any of the services provided by the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement, including without limitation, Our Privacy Policy (click here to see Our Privacy Policy), which is hereby incorporated herein by reference, and by all other rules, regulations, notices and agreements posted in or on the Website or otherwise provided to You. These Terms of Use apply to all users of the Popcorn Film Club Website, including without limitation, all Members and all visitors to the Popcorn Film Club Website. Therefore, for good and valuable consideration, the amount, sufficiency, and receipt of which is hereby acknowledged by You and the Company (jointly referred to as “Parties”), the Parties hereby agree to all of preceding and all the following:
Definitions
“Affiliated Content Providers” shall mean persons and entities, including other Members, that make Content available at, in, on, though, from and/or, in association with, the Website or otherwise make Content available via participation in one or more programs provided by or in association with Popcorn Film Club or via one or more Services provided by the Company.
“Content” shall mean text, photographic works, sound recordings, music, audio works, videos, Audiovisual Works, audiovisual combinations, haptic works, software, scripts, graphics, interactive features, and other materials that may accessed in, at, on, from, or through, the Website, or via the Service.
“Designated Agent” shall mean the person who is the Company’s Designated Agent to receive notice of infringement, and counter-notices pursuant to, and subject to the terms of, the DMCA.
“Harmful Software” shall mean malicious or damaging code or software, spyware, computer viruses, Trojan Horses, worms, and any and all other devices that are designed or intended, in whole or in part, to disrupt, damage, limit, spy, or interfere with the proper functioning of any software, hardware, or telecommunications equipment or to obtain unauthorized access to any computer, server, digital storage device, or database.
“Indemnified Parties” shall mean the Company, the Company’s licensors, and the Company’s and the Company’s licensor’s respective directors, officers, members, principals, employees, contractors, suppliers, advertisers, affiliates, agents, attorneys, all other Members, all Users, all authors, creators, and/or producers of, and all performers in or on Content provided to the Website by Members and other Affiliated Content Providers, and all of the foregoing parties’ respective, successors, successors in interest, heirs and assigns.
“Internet” shall mean a global network of interconnected computer networks, each using the Transmission Control Protocol/ Internet Protocol and/or such other standard network interconnection protocols as may be adopted from time to time, which is used (among other things) to transmit content between, or enable commercial transactions between, one or more websites and users thereof.
“Member” and “Popcorn Film Club Member” shall interchangeably mean a person or entity that has agreed to receive Services from the Company as a Popcorn Film Club Member subject to the terms and conditions set forth in the Popcorn Film Club Membership And Website Terms of Use Agreement.
“Released Parties” shall mean s the Company, the Company’s licensors, and the Company’s and the Company’s licensor’s respective directors, officers, members, principals, employees, contractors, suppliers, advertisers, affiliates, agents, attorneys, and all of the foregoing parties’ respective, successors, successors in interest, heirs and assigns.
“Service” and “Services” shall interchangeably mean one or more services provided by the Company to You in association with the use of the Website and/or other features of Popcorn Film Club Services. All Services shall at all times be provided at Company’s election and some or all such Services may be suspended, terminated, added to, subtracted from, and/or otherwise modified at any time by Company at Company’s sole discretion.
“Service-Specific Terms” shall mean terms and conditions that are specific to Services, transactions, and/or other features provided by the Company. Service-Specific terms and conditions may be posted on the Website, for example, in association with specific features offered by the Company.
“Users” and “Website users” shall interchangeably mean users of the Website, including, without limitation, visitors, customers, Members, subscribers, advertisers, users of Services provided by the Company on, in, at or through the Website, and participants in programs and/or Services provided by the Company in association with the Website, some of which are now, or may in the future be, other Members of Popcorn Film Club.
“User In Good Standing” shall mean a User that is in compliance with all the terms and conditions set forth in this Agreement.
“Website” shall mean the website and forum known as “Popcorn Film Club” accessible at or through HYPERLINK “https://www.popcornfilmcub.com” www.popcornfilmcub.com and any and all future versions thereof, including without limitation, versions owned and/or operated by one or more entities other than Popcorn Film Club.
“Website Affiliates” shall mean persons and entities affiliated with the Website, including without limitation, persons participating in the Company’s affiliate marketing program(s), advertisers on the Website, parties providing traffic to the Website, and providers of “up-sell” products and services, etc.
“Your Content” and “Licensed Work” shall interchangeably mean any and all Content of every kind that You upload to the Website or otherwise provide to the Company and/or its successors, and/or the future operator(s) of the Website. For example, if the Company allows You to comment on Content provided by Members or others, Your comments would comprise, without limitation, Your Content.
Re-Affirmation Of These Terms and Conditions Each Time You Use The Website; Service-Specific Terms. You hereby acknowledge and agree that each time You access or use the Website or any Service provided by the Company, You will be agreeing to the then-current version of this Agreement, and that You will be further affirming that You have the right, authority, capacity and intent to enter into the then-most recent version of this Agreement. You are strongly advised to click the link to the current version of these Terms of Use this each time You visit our Website and each time You use a Service provided by the Company as You are hereby advised, and You hereby acknowledge, that this Agreement and any Service-Specific Terms may be amended at any time, and that it is Your obligation to check for such amendments. You expressly acknowledge and agree that Your continued use of the Website, and/or Services provided by the Company, following the posting of changes to this Agreement and/or Service Specific Terms will mean that You have accepted and have agreed to such changes. If there is a conflict between this Agreement and Service-Specific Terms posted for a specific Service, feature, or transaction offered on the Website, the Service-Specific Terms shall control regarding the specific service, feature or transaction associated with the Service-Specific Terms.
Without limiting the foregoing, and for purposes of clarity, by using or visiting the Popcorn Film Club Website or by using or acquiring any Popcorn Film Club products, software, data feeds, or any Services provided to You in, at, on, from, or through the Popcorn Film Club website, You signify by any and all such acts by You, Your express agreement to the terms of this Agreement, including without limitation, (i) the Company’s Privacy Policy (click here to see Our Privacy Policy), incorporated herein by reference. If You do not agree to any of terms in this Agreement, please do not use the Service, the Website, or any Popcorn Film Club products, software, data feeds.
Modification Of This Agreement. The Company reserves the right, in Company’s sole discretion, to modify, revise, add to, delete from, and otherwise change, this Agreement at any time, and You hereby agree to be bound by such changes. Revised versions of this Agreement will be accessible via a link at the bottom of the Popcorn Film Club home page, and many other pages in the Website, and/or at such other location(s) on the Website that we deem appropriate to provide notice of such modifications. You should periodically review the most up-to-date version of these Terms of Use at aforementioned location(s) above. You hereby expressly agree that Your continued use of the Service and/or the Website after the modification of this Agreement is posted constitutes Your acceptance of this Agreement as amended in its entirety.
You acknowledge and agree that is Your responsibility to frequently check the Website at the locations above to determine if there have been changes to these Terms of Use and/or Service-Specific Terms, and to review such documents before Your continued use of the Website or commencement or continued use of one or more Services provided by the Company.
Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
Additional Required Member Certifications. You hereby represent, agree, warrant, and certify:
that You over the age of Eighteen (18) years (use of this Website for persons under the age of Eighteen (18) years is strictly forbidden);
that if You are under the age of eighteen (18) years, You have the permission of a parent or guardian to access and use this Website and to use the computer(s) You use to access and use the Website;
that You have chosen to access the Website and use the Service voluntarily for Your own personal enjoyment, information, entertainment and/or education;
that You will not use the Website for any commercial purpose; and
that You have not listed any email address provided to the Company and/or any Affiliated Content Producers that is included in, or which You or another party subsequently includes in, any “do not email” registry or similar service anywhere in the world, and will not do so in the future regarding any email address You provide to the Company and/or any Affiliated Content Producers.
Our Grant Of Limited License To You. You acknowledge and agree that all the materials Company makes available to You at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by others, including Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are over the age of Eighteen (18) years, the Company hereby grants You a limited and revocable single user non-exclusive license (i) to access its computer servers to use the Website for Your private non-commercial use only, and (ii) to use the Services normally accorded a visitor to the Website. You acknowledge and agree that the limited license above may be revoked, suspended, or terminated by the Company at its election at any time.
License To Use Your Content. Company may provide, without any obligation to do so, the authorization and means for You to post or otherwise provide comments and/or other Content to Popcorn Film Club If so, You hereby grant to the Company and its Popcorn Film Club trademark licensor, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license (“Content License”) to copy, reproduce, distribute, transmit, disseminate, prepare derivative works of, display, and perform, and otherwise use, by any and all means now known or hereinafter invented, all of Your Content that You upload, submit, or otherwise provide to, Popcorn Film Club and/or Company, including without limitation, via submission to the Website or by any other means (“Licensed Rights”).
Without limiting the foregoing, You hereby agree that the Licensed Rights in and to Your Content subject to the Content License shall include all of the following rights:
the rights to use Your Content, and derivative works thereof, in connection with the Service, the Website, and all other services and websites and in connection with the Company’s and the Popcorn Film Club trademark licensor’s (and their respective successors’ and affiliates’) business(es), including without limitation, for promoting and redistributing part or all of the Service and/or other Popcorn Film Club trademark licensor’s licensees’ respective services, in any and all media formats and through any and all media channels by any and all means now known or hereinafter invented;
the rights to host, cache, store, copy, transmit, perform, display, broadcast, stream and transmit Your Content by any means now known or hereinafter invented;
the rights to make copies of and otherwise reproduce Your Content on the Company’s computers and on other Popcorn Film Club computers for use on the Website and/or use on Popcorn Film Club websites,
the rights to make copies of and otherwise reproduce Your Content in the random access memory of computers and other devices operated by Users accessing Your Content in, at, on, through, or in association with, the Website, the Service, and/or any other website or service provided by any other Popcorn Film Club trademark licensor’s licensees;
all other rights required for the Company and/or other Popcorn Film Club trademark licensor’s licensees to grant to the users of the Website and to users of other Popcorn Film Club trademark licensor’s licensees’ websites, the rights to access and stream Your Content from and/or through the Website and other Popcorn Film Club trademark licensor’s licensees’ websites, and to otherwise play and perform Your Content on, in, at, on and/or through, the Website and other Popcorn Film Club trademark licensor’s licensees’ websites, including without limitation, the right to grant to such users the right to create ephemeral copies of Your Content in the random access memory of their computers and all other devices now known or hereinafter invented that are capable of accessing the Website and/or other Popcorn Film Club trademark licensor’s licensees’ websites, including, without limitation, mobile devices;
the right, but not the obligation, to associate and publish information with Your Content, including without limitation, information provided by or about You, and descriptions, critiques and evaluations of Your Content;
the right to modify, edit, adapt, prepare and format Your Content as Company and/or other Popcorn Film Club trademark licensor’s licensees determine in their respective sole discretion is appropriate for the limited purposes of formatting the uploaded Your Content for their respective services and systems, for optimizing visual or sound quality of the uploaded Content and otherwise as Company and other Popcorn Film Club trademark licensor’s licensees respectively deem appropriate to effectuate the licensed use of such Content on the Website and on other Popcorn Film Club trademark licensor’s licensee’s websites as contemplated by this Agreement; and
the right to remove, replace, take down, put back up, suspend, temporarily terminate, and/or permanently terminate the use of, any and all of Your Content in, at, on, through and/or in association with, the Website and/or any and all other Popcorn Film Club trademark licensor’s licensees’ websites at any time.
User License. You also hereby grant to each user of the Service and each user of any of Popcorn Film Club trademark licensor’s licensees’ services a non-exclusive license to access Your Content through the Service and through each of Popcorn Film Club trademark licensor’s licensees’ services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Service and/or Popcorn Film Club trademark licensor’s licensee’s respective services, and under the terms of this Agreement and Popcorn Film Club trademark licensor’s licensees’ respective terms of use agreements (“User License”) .
You Grant Content Licenses And User Licenses Each Time Content Is Submitted. You acknowledge and agree that when You submit Your Content to Popcorn Film Club and/or Company via the Website or by any other means, that by providing Your Content to the Company, You will, by each such act, be simultaneously be granting a Content License and a User License, as set forth above, with respect to and regarding such Content You submit.
Termination Of License. The above licenses granted by You regarding Your Content submitted to the Service shall terminate within a commercially reasonable time after You remove or delete Your Content from the Service, and, as applicable, from such other Popcorn Film Club trademark licensor’s licensees’ services using Your Content, if any. You understand and agree, however, that Popcorn Film Club and Popcorn Film Club trademark licensor’s other licensees may retain server copies of Your Content that have been removed or deleted from their respective services by You. Notwithstanding the foregoing, You acknowledge and agree that any and all licenses granted by You in, to, or otherwise regarding, user comments that You have submitted to the Service and/or to other Popcorn Film Club trademark licensor’s licensees’ services shall be perpetual and irrevocable.
Removal Of Your Content From The Website. If You would like any of Your Content (except for user comments) to be removed from the Popcorn Film Club Website, You may do so by contacting [email protected]. You acknowledge and agree that the Company shall have no liability for failure to remove Yours or any other User’s Content from the Website or Service for any reason. If Your Content is included in, on or in association with one or more other Popcorn Film Club trademark licensor’s licensees’ websites or services, and You would like to remove Your Content from such other websites or services, a similar content removal method as set forth above regarding the Popcorn Film Club Website will be provided in regard to such other Popcorn Film Club trademark licensor’s licensees’ websites.
Refund Policy
Popcorn Film Club only offers refunds in the following circumstances:
Before using the Popcorn Film Club Platform, users should be aware that once our service is supplied, we cannot take it back and change the situation, so refunds are not available. Popcorn Film Club management has complete control over the refund decision, which will be made following an investigation into the reasons for the return. If the reasons for the refund are not supported by sufficient evidence, the refund request will be rejected. Popcorn Film Club management’s decision shall be final and binding in all circumstances.
Prohibited Content
No Unlawful Or Infringing Content. You agree that You will not upload any Content that violates any law or regulation or infringes, violates or misappropriates any person’s or any entity’s rights, including, without limitation, any person’s or an entity’s intellectual property rights or other proprietary rights, any privacy rights, or any contractual rights.
No Sexual Depictions Of Children. You expressly agree that You will not upload or otherwise provide to popcornfilmclub.com or to Company any Content that contains any depiction of a minor engaged in “sexually explicit conduct” as defined by Indian and international law.
No Nudity Or Sexually Explicit Conduct. You expressly agree that You will not upload or otherwise provide to popcornfilmclub.com or to the Company any Content containing nudity or any actual or simulated sexual conduct, any obscene matter, or any Content subject to subject to Indian and international law.
No Objectionable Content. You expressly agree that You will not upload or otherwise provide to popcornfilmclub.com or to the Company any Content that is indecent, offensive, bigoted, hateful, malicious, defamatory, or harmful to minors or any Content that depicts actual or simulated cruelty or harm to animals.
No Personal Information Regarding Any Person Under The Age Of Eighteen (18) Years. You agree that You will not at any time upload or otherwise, provide any personal information regarding any person under the age of Eighteen (18) years, including without limitation, any name, email address, mailing address, telephone number, social security number, or other personally-identifying information.
Important Website And Content Access And Use Restrictions.
All Content On The Website Is Proprietary. All photographs, videos, music, sound recordings, Audiovisual Works, software, text, images, graphics, user interfaces, trademarks, logos, artwork and other Content, including but not limited to the design, selection, arrangement, and coordination of such Content on the Website is owned by the Company or its licensors and is protected by copyright, trade dress, and trademark laws, and other intellectual property laws. Except as expressly provided in this Agreement or Service-Specific Terms, no part of the Website and no Content may be reproduced, recorded, broadcast, distributed, uploaded, posted, altered to make new works, performed, digitized, or transmitted in any way to any other computer, website or other medium, or used for any commercial purpose, without the prior written consent of the Company or the respective licensors of the Content. The Company and its licensors reserve all rights not expressly granted in and to the Service and the Content.
Personal Authorized Use Only. As a visitor to popcornfilmclub.com, You shall have a nontransferable, nonexclusive, non-sublicensable license to use the publicly accessible areas of Popcorn Film Club Website for personal use only. You may not use the Popcorn Film Club Website, or any Content available in, at, on, through, from, or in association with, the Website, or any Service provided by the Company, for any commercial purpose whatsoever. You may not create derivative works of, or re-digitize, any such Content provided by the Company or Members, or use any such Content in conjunction or in combination with any third-party content (e.g., to provide an audio or visual component of an audiovisual work). You acknowledge and agree that no use of the Popcorn Film Club Website or any Content associated therewith, no use of any Service provided by the Company, and no use of the Popcorn Film Club trademark, are permitted except as expressly authorized by this Agreement and/or Service-Specific Terms associated therewith. Without limiting any of the other indemnification provisions set forth in this Agreement, You agree that to the fullest extent permitted by applicable law, You shall fully indemnify all Indemnified Parties, including without limitation, the Company, and the Company’s licensors, for any and all failures by You to fully comply with terms set forth in this Paragraph.
No Downloading Unless A Downloading Option Is Provided. You agree that You will not download any Content from the Website or the Service unless the Company has provided You with the authorization and the means to download the Content by engaging a “download” button or similar link displayed in close association with the Content.
All Content Is Provided “As Is”. All Content available to You in, at, on, through, from, and in association with, the Website and/or Service is provided to You AS-IS. You may access such Content for Your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use.
No Circumvention Of Content, Website or Service Security Features. You agree not to circumvent, disable or otherwise interfere with any security-related system, function or feature of the Website or Service, or any system, function or feature designed to prevent or restrict the use or copying of Content or otherwise effectuate one or more limitations on the use of the Website, the Service, and/or any Content associated therewith.
Company And Company’s Licensors Shall Not Be Responsible For Member-Generated Or Third-Party Content. You understand and agree that when You are using the Website and/or the Service, You will be exposed to Content from a variety of sources, including, without limitation Content provided by other Members, and Content provided by other Affiliated Content Providers, and that the Company and its licensors are not, and shall not, be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to, such Content. You further understand and acknowledge that You may be exposed to information and other Content that is inaccurate, offensive, indecent, and/or objectionable, and You expressly agree to waive, and hereby do waive, any and all legal and equitable rights and remedies You have or may acquire in the future against the Company, the Company’s licensor(s), and/or their respective licensors and licensees with respect thereto, and, to the extent permitted by applicable law, You agree to indemnify and hold harmless all Indemnified Parties to the fullest extent allowed by law regarding all matters related to Your use of the Website, the Service and Content directly or indirectly related thereto.
Use Only In Accordance With This Agreement Is Authorized. You acknowledge and agree that You may only access, view, listen to, download, and receive materials available at, in, or through, Popcorn Film Club, the Website and/or one or more Services provided by the Company, including without limitation, Content provided by Affiliated Content Providers, only in accordance with this Agreement, Service-Specific Terms, and other applicable rules, notices and agreements posted on the Website, and their posted revisions, including, without limitation, specific terms and condition associated with the acquisition and use of Affiliated Content Provider’s Content.
Access By One Computer At A Time. You may access and use the Website only on one computer at a time and You may only make a single ephemeral copy of the parts of the Website You are currently visiting in the random access memory of Your computer.
Reproduction Or Publication Of Parts Of The Website Is Strictly Prohibited. Except for providing links to the Website and/or the URL locations of Content published on the Website, You may not re-publish or provide any parts of the Website or any of Affiliated Content Providers’ Content to any other person or entity without express prior written authorization by the Company. Such prohibited uses include, without limitation, transmission of the Website and/or Content associated therewith by emailing, phone messaging, or by any other means of publication or dissemination of reproductions of the Website or such Content, in whole or in part, including without limitation, via any web page, including without limitation, on any personal web page You may own or be affiliated with, including any Facebook(R) page, any Google+(R) page, any Instagram(R) page,YouTube(R) LinkedIn (R)any Twitter(R) page, or by the use of any other social networking sites, regardless of whether any of the aforementioned uses are commercial or non-commercial. You acknowledge and agree that any and all such unauthorized use by You shall constitute intentional and willful copyright infringement by You that could subject You to serious and substantial potential liability and monetary damages.
Your Use Of The Website And Services Shall Be Subject To All Applicable Laws And Regulations. You agree that Your use of the Website and all Services provided by the Company shall at all times be subject to, and in compliance with, all applicable local, state, national and international laws and regulations and that You shall at all times be solely responsible for all acts and omissions that occur by, or otherwise in association with, Your use of the Popcorn Film Club Website. No software or any other Content available in, at, or through this Site may be uploaded, downloaded, imported, or exported in violation of any law including, without limitation, to countries that are subject to any governmental export restrictions.
Website and Service Content Is Licensed And Not Sold. Use of the Website, the Service, and the Content contained or otherwise associated therewith are subject to a limited license for Your use in accordance with this Agreement and applicable Service Specific Terms while You are a User in Good Standing, and such Content is not sold or assigned, notwithstanding use of any terms such as “sell,” “purchase,” “order,” or “buy” on the Website or in this Agreement. Any and all licenses granted to You to download Content from the Website are nonexclusive, nontransferable, and non-sublicensable.
Consequences Of Unauthorized Use Of The Website And/or Services. You hereby acknowledge that You understand, and that You hereby agree, that You must abide by these terms and conditions or any accessing or use of the Website and Service by You will not be authorized. The unauthorized accessing of the Company’s computers and databases in excess of the authorization expressly granted by the Company in this Agreement may violate state, federal and foreign laws, and may constitute trespass to chattels, and intentional copyright infringement(s) of the Company’s and third-party’s copyrights under the laws of the India and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers’ Content on the Company’s computers could subject You to potential criminal prosecution and substantial civil liability.Â
Popcorn Film Club Community Code Of Conduct. You agree to use the Website and all Services provided by the Company in strict accordance with this Popcorn Film Club Community Code of Conduct.
(I) You shall at all times act professionally and be courteous to Members and other Users of the Website and shall not use Popcorn Film Club, the Website or any Service provided by the Company to engage in any harassing, abusive, disruptive or offensive behavior, or to post or upload any communication or other Content that contains libelous, slanderous, abusive, defamatory, racist, obscene or offensive language or other material.
For example, when commenting on another Member’s profile or creative work, if You are provided a means to do so, You agree that You will only engage in constructive commentary and refrain from abusive comments. You agree that You will not engage in any activity or behavior that directly or indirectly interferes with any Member’s or Website User’s use or enjoyment of the Website or Services provided by the Company. You also agree not to send any unwelcomed communications to any Popcorn Film Club Members or Users or use Popcorn Film Club or any Service provided by the Company to send unwelcomed communications to others.
(II) You shall not use Popcorn Film Club, the Website or any Service provided by the Company in any manner that infringes, misappropriates or otherwise violates any person’s or entity’s rights.
For example, You may not upload any photographs, videos, recordings, text or other Content to the Website that does not belong to You or for which the You do not have all the required rights to do so at the time of uploading.
You may not copy, sell, license, broadcast, transmit, distribute, perform, display, rebrand, or otherwise use any information or other Content accessible in, at, on, through, from or in association with, Popcorn Film Club, the Website or any Service provided by the Company (excluding Your Content) except as permitted in this Agreement or as otherwise expressly authorized by the Company.
You may not use Popcorn Film Club, the Website or any Service provided by the Company to publish information that You do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such confidential information, information learned or disclosed as part of an employment relationship, information covered by or under a nondisclosure agreement, or any “insider” information).
You may not use the Popcorn Film Club trademark, or any of the Company’s or the Popcorn Film Club trademark licensor’s brands, logos, or other trademarks for any purpose unless You have received express prior written authorization from the Company and the Popcorn Film Club trademark licensor to do so.
(III ) You shall not to remove or attempt to remove any notices or labels (including without limitation, any copyright or trademark notices or symbols) or any advertisements associated with, or incorporated into, the Website or any Service provided by the Company, or incorporated into any Content displayed or posted at, on, in or in association with, the Website.
(IV) You shall at all times comply with all applicable laws and You shall not use Popcorn Film Club, the Website or any Service provided by the Company to engage in any form of illegal conduct.
Without limiting the foregoing, You agree that You will not use Popcorn Film Club, the Website, or any of the Services to
(i) unlawfully acquire or use any other Member’s or other User’s personal information; (ii) advertise, promote, market, buy, or sell any illegal products or prohibited activities; (iii) upload, download, distribute or transmit child pornography, obscene material or material not compliant with Indian and Internation law; (iv) threaten, harass or injure any person; or (v) violate any law regarding the transmission of technical data or software exported from the India.
(V) You agree that You will not engage in any unlawful or inappropriate use of email to promote Yourself or any other person or entity on or in association with Popcorn Film Club .
You expressly represent and warrant that You are familiar with the CAN-SPAM Act and that You will not engage in any activity that violates the CAN-SPAM Act or any other law regulating the transmission of email. You agree not to engage in any activity the comprises the sending of junk email, chain letters, duplicative or unsolicited messages or unlawful “spamming” in connection Your use of any Services provided by the Company. You may not use Popcorn Film Club or any Service provided by the Company to promote or participate in any “chain letters,” “pyramid schemes,” or any similar forms of communication.
(VI ) You agree that You will not post inappropriate, inaccurate, harmful or objectionable Content to Popcorn Film Club or use any such materials in association with Your use of the Website or any Service provided by the Company.
(VII) You shall only provide truthful and accurate information to the Company and to the Service, including without limitation, all information You post in Your Profile Area.
For example, without limiting the foregoing, You acknowledge and agree that You shall not upload, post, email, transmit or otherwise make available any information or other Content that:
(i) falsely states or otherwise misrepresents Your identity; or (ii) contains a forged header or false identifiers to disguise the origin of any communication transmitted through or in association with Popcorn Film Club or any Service provided by the Company.
(VIII) You shall not attempt to sign up for or otherwise create a Membership for any person except for Yourself, a natural person and You shall not create more than one Membership for Yourself.
You may not set up a membership for an entity, such as a corporation, a trust or a limited liability company.
(IX) You shall not create more than one user profile or a user profile for anyone other than Yourself, a natural person, except for Child Profiles You are authorized to create for Your minor child(children) over the age of Eighteen (18) years subject to the terms of this Agreement and the document entitled “Setting Up A Child Profile”.
(X) You shall not impersonate, or falsely claim an affiliation with, any person or entity.
For example, You shall not directly or indirectly engage in any activity in association with Your use of the Website or any Service provided by the Company in which You claim a false affiliation with the Company, any employee or agent of the Company or any other Member.
(XI) Because You acknowledge that information You provide in Your profile and post elsewhere in, at, or on the Website or through the Service will be public information, You agree that You will not post or provide information that You consider to be confidential or that You wish to keep private.
(XII) You shall not attempt to gain unauthorized access to Popcorn Film Club, the Website or any Service provided by the Company, or to any of the Company’s, or its agents’ servers or databases.
You agree that You will not attempt to access any prohibited files or any of the Company’s computers or databases beyond the authorization expressly granted to You by the Company. You also agree that You will not attempt to acquire another Member’s password or access another Member’s account.
(XIII) You shall not attempt to establish unauthorized hyperlinks to any password-protected parts of the Website or to any materials in, at, on, or associated with, the Website without express permission from the Company to do so.
(XIV) You shall always use due care not to upload any viruses or other Harmful Software to the Website or use any Harmful Software in association with any Service provided by the Company.
For example, You agree that You will at all times take care not to upload any files (e.g., video files, text files, etc.) to the Company’s servers that contain any viruses, time bombs, cancelbots, worms, Trojan horses or any other Harmful Software. You also agree not to engage in any activity that interrupts or limits the functionality of any computer software, hardware or telecommunications equipment of the Company or of any User of Popcorn Film Club.
(XV) You shall not use the Website or any Service provided to You by the Company for any commercial purpose.
(XVI) You shall not use Popcorn Film Club to directly or indirectly set up, develop or attempt to set up or develop any kind of sales network, multi-level marketing plan, pyramid scheme, or any similar endeavor.
(XVII) You shall not upload any Content to Popcorn Film Club or the Website that advertises or promotes any competitor of the Company or any third-party products or services.
For example, You agree that the foregoing prohibition includes, without limitation (i) any marketing or promoting of any other website that is not expressly authorized by the Company, and (ii) any marketing or promotional activity that reasonably appears to be intended to divert traffic to another website or business, including, without limitation, a website(s) or business of any of Company’s competitors.
(XVIII) You shall review and comply with our Privacy Policy
(XIX) You shall promptly review and comply with all notices sent to You by or on behalf of the Company concerning Your membership and/or Services provided to You by the Company.
(XX) You acknowledge and agree that all of the following activities are strictly prohibited. You may not attempt to or actually:
access the Website or any Service provided by the Company by any means other than through the interfaces provided by the Company;
engage in “framing,” “mirroring,” or otherwise simulation of any appearance, trade dress, or function of Popcorn Film Club or any Service provided by the Company;
“deep-link” to any part of the Popcorn Film Club Website for any purpose except for promoting Your profile in accordance with, and subject to, the terms of this Agreement.
sell or license any Content available in, at, on or associated with Popcorn Film Club or any Service provided by the Company;
reverse engineer, decompile or disassemble the source code for any underlying feature or function of Popcorn Film Club or any Service provided by the Company;
create any derivative works based on Popcorn Film Club, the Website, or any intellectual property underlying or relating to any of the Services provided by the Company;
use any bots or other automated methods to access, “spider”, “crawl” or otherwise acquire data in, on, at or from any Popcorn Film Club web page or any Service provided by the Company, or to download Member information or other Content, or to send or redirect messages to other Members or Website users;
use Your membership or any Content You access in, at, on, through, from, and/or in association with Popcorn Film Club or any Service provided by the Company to create or promote any business in competition with Popcorn Film Club; or
circumvent or override any security feature or functionality of Popcorn Film Club, the Website, or any Service provided by the Company.
(XXI) Members shall block and otherwise prevent any and all use of Popcorn Film Club by their minor children under the age of 18.
(XXII) It shall at all times be Your obligation to update Your information on file with the Company as necessary.
(XXIII) You shall frequently check for revisions and modifications of these Terms of Use.
Note: provisions set forth in the Popcorn Film Club Community Code of Conduct applicable to Members, such as those pertaining to Content uploaded by Members (referred to as “Your Content”), will not apply to You if You are not, and have not been, a Member.
Termination.
Termination By The Company. You acknowledge and agree that We, in our sole discretion, may terminate or suspend Your access to all or part of the Website and/or all or part of the Services at any time, and that such termination(s) and suspension(s) may be temporary or permanent, and may be with or without notice, for any reason, including, without limitation, Your breach of this Agreement, or for no reason. Company also may also suspend and/or terminate Popcorn Film Club and/or any and all Services at any time.
Termination Of Use Of Your Profile And Your Content.
Your Content, Profile, And Other Data Provided By You May Remain On The Website Until You Request Their Removal. Any and all profiles, Content and other data provided by You may remain active on the Website until You remove them.
Rights To Use Your Content Continues Until Your Removal. You also expressly acknowledge and agree that all the licenses that You grant regarding Your Content shall continue in full force until You remove Your Content from the Popcorn Film Club Website and from such other websites, if any, on, in or from which Your Content is accessible pursuant to this Agreement. You acknowledge and agree that the Company and the Popcorn Film Club trademark licensor shall to have the rights to use Your Content as licensed by You unless and until You have removed Your Content from the subject website(s) as set forth above.
No Obligation To Remove References To You Or Your Content. While Company shall use commercially reasonable efforts to remove public access to the digital file(s) comprising Your Content in response to a proper request from You to do so, any and all references to Your Content by title or otherwise, and all other information associated with Your Content that are posted on the Website, and/or in association with any Services provided by the Company, including without limitation, identifications, descriptions, performer data, and critiques, including critiques and data in Members’ areas, shall not be subject to required removal by the Company from the Website for any reason. You acknowledge and agree that any and all such information associated with Your Content may persist in, on, at or in association with the Website, Popcorn Film Club, Services provided by the Company, and in association with all other websites that have ever been authorized to contain or display Your Content. Notwithstanding the foregoing, nothing herein shall constrain or limit the Company’s unlimited right, in its sole discretion, to remove and/or restore such information in whole or in part from the Website, Popcorn Film Club, and/or any and all Services provided by the Company.
All use of the Popcorn Film Club” trademark is by permission only. No use of the Popcorn Film Club mark or any other marks owned by the Popcorn Film Club trademark licensor shall be permitted except through the prior written authorization and permission of the Popcorn Film Club trademark licensor. All rights in and to the Popcorn Film Club mark are expressly reserved by the Popcorn Film Club trademark licensor (owner).
Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials. You agree that You shall be personally liable for any and all breaches of this Agreement by You. To the fullest extent permitted by applicable law, You also agree to fully indemnify all the Indemnified Parties for any and all damages, costs, and expenses, including attorneys’ fees, directly, indirectly and/or consequentially resulting from (i) any breach of this Agreement by You, including from any breach of any warranty, covenant or obligation; (ii) any claims that You have infringed or violated any rights of any person or entity, including any copyrights, trademark rights, name, likeness or voice rights, privacy rights, and contract rights; (iii) any claims of liable, slander, defamation or false light, (iv) any violation of any regulation or law; (v) any unauthorized use of any parts of the Website or Content provided by other Members, Affiliated Content Providers, or the Company; (vi) any misrepresentation by You, or (vii) any unauthorized use of Popcorn Film Club, the Website, and/or any Service provided by the Company. The foregoing indemnification shall cover and apply to, without limitation, any and all damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website or any Content at, in, on or associated therewith, in whole or in part, by You, alone, or with, or under the authority of, any other person(s) or entity(ies).
Authorization And Permission To Communicate With You. Please read our PRIVACY POLICY . You hereby authorize, permit and request notices, advertisements, e-mail and other communications of any and all kinds to be sent to You from the Company, other Members and Affiliated Content Providers and their authorized agents, assigns, representatives, successors, affiliates and contractors, to Your email address(es) and other contact points that You provide to the Company. You agree that the Company shall not be under any obligation or restriction regarding the sharing, renting, licensing and/or sale of Your email information to third-parties. You agree that Your request, authorization and permission to the Company to send You materials and communications herein shall continue to be in effect unless and until You notify the Company that You wish to be deleted from the Company’s email list in the manner set forth in the PRIVACY POLICY or by following the instruction below, in which case, You acknowledge and agree that the Company shall be obligated only to delete You from its email list and not the email list(s) of any third-parties that have acquired Your email information, regardless of how or when such parties obtained Your email information directly or indirectly from or through the Company. You acknowledge and agree that You will need to contact such third parties to be deleted from their respective email list(s).
Opt-out and Cancellation Provisions. At any time, You may opt-out of future advertisement and promotional e-mailings and cancel Your receipt of e-mails, except for business communication and/or relationship emails, from the Company by clicking the unsubscribe link at the bottom of an e-mail advertisement sent to You by the Company or by sending an e-mail cancellation request to [email protected]. Notwithstanding the foregoing, You agree that the Company may at all times, to the fullest extent of the law, continue to communicate with You by email regarding any and all business transactions You have entered into with the Company.
Acknowledgment of Privacy Policy. You hereby acknowledge that You have read and agree to the Company’s PRIVACY POLICY and that You expressly waive any claims against the Company that arises in relation to any matter relating to the use of personal information You provide to the Company.
No Actions Resulting From Registration In “No Contact” Registries. You hereby agree that You will not bring any action against Company, any Affiliated Content Providers, any Website Users, any of the Website’s affiliates, the Popcorn Film Club trademark licensor, any of the Popcorn Film Club trademark licensor’s other licensees, or any of any of the aforementioned parties’ principals, employees or agents, as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental “do not email” registry with respect to any such contact point You have provided to the Company and/or one or more Affiliated Content Providers after indicating that You have given the Company and/or such Affiliated Content Providers permission to send You email. You agree to indemnify the Company and all other Indemnified Parties for, from, and against any and all expenses and damages, including any and all fines, penalties, and attorney’s fees that result from, arising under, or are otherwise related to, any breaches of Your obligations in this Paragraph and for any actions against Company and/or any other Indemnified Parties that result from any party sending You email that You have requested or authorized the Company, its affiliates and/or one or more Affiliated Content Providers to send You.
Automated Contact Features. If You provide contact information to the Company at any time, You agree that the Company and its licensees and sublicensees may, in the Company’s, its licensees’ and sublicensees’ respective individual discretion, cause or allow You to be contacted by one or more “persons”, as that term is defined below, as a part of an “Automated Contact Feature”.
A “person” for purposes our automated contact features may be a real person, such as Member or another User or Service recipient, or a digital actor, such as an avatar or a synthespian (e.g. a computer generated “person” or “character’). Such person may be generated or employed by the Company or a third party to enhance Your online experience. For example, such a person may provide an electronic introduction to new or existing Website features or functionality, or Service offered by the Company.
You agree that such “persons” may also provide to You, or enable You to receive, digital introductions from other Members. Such “persons” may also be employed to enhance online relationships, encourage active participation in the Website or Services offered by the Company or affiliated parties, or to discourage inappropriate behavior
You agree that such “person” may be a current or past Popcorn Film Club Member or Website User, an independent contractor, a digital creation, You, or a digital representation of You.
All such “persons” are not, and shall not be deemed to be, authorized agents or representatives of the Company unless they are prior authorized by the Company in writing to be so, and that authorization is clearly visible in the communication from such “person”. No real or digital person, entity, digital actor or other synthetic creation acting as a part of, or in association with, any Automated Contact Feature is empowered by the Company to use any of its websites, any Popcorn Film Club membership or any other function or feature of the Website to sell or trade anything, or to may make any promises or representations, or otherwise act, on behalf of Company, or bind Company to any agreement or contract without express prior written authorization by the Company to do so.
If You should receive a communication by a person through or in association with any Automated Contact Feature purporting to be a communication from the Popcorn Film Club or the Company, such as an “Official Informational Communication” as defined herein (see below), You may, and are encouraged to, verify that such communication is indeed authorized by the Company by contacting Us through Our Customer Service Department, which can be accessed by clicking here. PLEASE REPORT ALL INAPPROPRIATE OR SUSPICIOUS BEHAVIOR PERTAINING TO ANY AUTOMATED CONTACT FEATURE TO US VIA THE PRECEDING LINK.
By using the Website, receiving any Services from the Company or by otherwise agreeing to these Terms and Conditions, You hereby authorize, the Company to use or allow, in its sole discretion, one or more Automated Contact Feature persons to communicate with You via email, via instant messaging programs, and/or by any and all other means now known or hereinafter invented for the purposes set forth above, any other purpose set forth in, or consistent with, this Agreement or any future modifications hereof, and for any and all other lawful purposes.
You also hereby expressly authorize all data in Your profile and all other data regarding Your use of the Website and/or the Services to be used in, and in association with, Our Automated Contact Features, including, for example, to provide introductions to other Members, introductions to other real and fictitious persons, and to assist Us in the formulation and transmission of communications to You.
You hereby expressly acknowledge and agree that all communications by, from, to or in association with, Automated Contact Features are for informative and entertainment purposes only, such as for purpose of communicating “Official Informational Communications” about Your Membership, existing or upcoming programs or features of Popcorn Film Club or instructions for using Popcorn Film Club (e.g., messages about membership status, new feature data, how to upload Content, etc.).
You acknowledge and agree that no communication shall be, or shall be interpreted to be, an “Official Informational Communication” unless it clearly indicates that it is an official communication from Popcorn Film Club or the Company and such communication via an Automated Contact Feature has, in fact, been prior authorized and approved by the Company.
You hereby also expressly acknowledge and agree that any and all communications by or in association with any Automated Contact Features that are not Official Informational Communications are NOT communications from Popcorn Film Club, the Company or any of its principals, officers, employees, agents, attorneys, contractors or affiliates, nor are such communications intended by the Company or any other party to be communications upon which You should reasonably rely for any purpose whatsoever.
As is the case with all data provided by Popcorn Film Club Members and/or other Website Users, the Company is not responsible for reviewing, verifying, auditing, policing or modifying the Content of any real person’s profiles or any other communications if such real person acts as, or in association with any Automated Contact Feature, regardless of how or when such communications are made.
Use Of The Website To Communicate With Others.
No Endorsement Of Communications. The Company does not endorse or arrange personal, professional and/or social communications or meetings between or among Members, Affiliated Content Providers or other Users of the Website. You are expected to use common sense and take appropriate measures and precautions in the event that You choose to communicate with, or meet with any person or entity with whom You have communicated through the use of any public areas or chat areas of the Website, if any, and/or through any Services or materials provided by the Company, a Company affiliate or any Affiliated Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by email, by videoconferencing, by telephone or by any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Members, Website Users, any Affiliated Content Providers, or any other Company affiliates, or through any use, directly or indirectly, of the Website and/or Services provided by the Company.
Links To Third-Party Websites. You acknowledge and agree that links on the Website to external websites with or without related third-party company logos shall not be deemed to constitute endorsement by Company of the opinions or views expressed at such linked websites (“External Websites”) or by such third-party companies. We have no editorial control or supervision over selection or display of such content provided by such third-parties or such third-party Websites and such third-parties are solely responsible and liable for all such content. Company does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in, at, on or available through any External Website. Furthermore, Company shall not be responsible for the quality or delivery of the products or services offered by, accessed at, or advertised in any External Website. As such, neither Company nor its subsidiaries or affiliates shall be responsible for any errors or omissions or for the results obtained from the use of content or other information contained in, at, on or available through any External Website. To the extent that an External Website collects personal information or postings from the end users, be advised that in no event shall Company assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance at, in, on, through or in association with any External Website. You acknowledge and agree that Company shall not, under any circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information, content, products or services contained in, at, on or available through, any External Website.
Communication With Advertisers. Members and other Users may from time to time enter into correspondence with, or participate in the promotions of, advertisers or providers of third-party services through, or in association with, the Website. All such correspondence, including, without limitation, any resulting contractual agreements, shall solely be between the advertiser and/or third-party provider and the User. You expressly acknowledge and agree that the Company shall not be responsible for any representations by any such advertisers or third-party providers for upholding any applicable terms, conditions, or warranties made by the advertiser or third-party provider in connection therewith. You acknowledge and understand that We do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or promotional material submitted or otherwise provided by third parties for publication via the Website and/or Service, nor make any claims or take on any duty regarding the accuracy or reliability of any such advertisements. The Company is neither an author nor editor of any of the materials uploaded, posted or otherwise made available via the Website by any advertiser or other any third-party. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to responding thereto or purchasing goods and/or services described at the Website.
No Monitoring Or Screening By Company. You expressly acknowledge and agree that the Company does not monitor the activities of Members or other Users of Popcorn Film Club or screen any profiles, posts, chat, or other communications between Members or other Website Users or any Content provided to Popcorn Film Club, the Website, or any Service provide by the Company, and the Company shall not have any duty to do so. You further expressly acknowledge that the Company has no control over any such communications or Content and the Company makes no representations or warranties whatsoever with respect to the character or veracity of any such profiles, posts, chat, notices communications or Content. You expressly acknowledge and agree that the Company shall have no liability whatsoever resulting from any lack of truth or accuracy, or any Member’s or other User’s lack of rights, regarding any profiles, posts, chat, other communications or other Content made available in, at, on, through, from or in association with, Popcorn Film Club, the Website, or any Service provide by the Company.
Services Enabling You To Communicate With Members And/Or Other Website Users. The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Members and/or Users of the Website or persons who offer to provide a service to Members or other Website Users, such as Affiliated Content Providers. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the India or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice, and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access and use the Website, Popcorn Film Club and Services provided by the Company. You agree to fully indemnify Company and any other affected Members and other Website Users for any and all breaches of Your obligations in this Paragraph.
You Shall Be Responsible For All Your Popcorn Film Club Communications. You acknowledge and agree that You shall at all times be solely responsible for all messages, materials, information and Content You post, upload or otherwise provide to the Website and/or the Company. You further acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen and unforeseen, regarding all messages, materials, information and Content that You submit, upload, provide, publish, display, disseminate or otherwise communicate through the Website even if one or more claims for damages or liability arise after termination of Your Membership or this Agreement.
Company Is Not Responsible For Content Uploaded Or Otherwise Provided By Others. You acknowledge and agree that Company is not, and shall not be held, responsible or liable for the quality, legality, or any other matter regarding, any Content, products, services or information, including email, that is directly or indirectly transmitted, posted, provided or otherwise made available to You by Members, other Affiliated Content Providers, advertisers, or any other third-parties. You further expressly acknowledge that We do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or Content of any kind which has been posted, uploaded, transmitted or otherwise provided by other Users, Members, other Affiliated Content Providers, the Company’s other affiliates, advertisers, or any other third-parties.
Release Of Company From Liability Regarding Content. You hereby release Company and all other Indemnified Parties from any and all liability and responsibility in connection with the Content and all other information, messages, communication and other materials You receive or may receive from the Company, other Users, Members, Affiliated Content Providers, the Company’s other affiliates, or advertisers, and You promise never to bring any action, claim or initiate any dispute of any kind regarding any such Content or other information, messages, communication and/or other materials that are directly or indirectly transmitted, posted, provided or otherwise made available to You in, at, on, through, or in association with, the Website or any Service provided to You by the Company.
Communications Submitted By You Are Not Private. If the Company provides a communication or information sharing service, You agree that any and all messages and other communications by You shall be deemed to be readily accessible to all other Users of the Website, including without limitation, all future Users, who are authorized to access the Website, Popcorn Film Club and/or any Service provided by Company and/or any of the Popcorn Film Club trademark licensor’s other licensee’s websites and/or services. You further agree that all such messages and other communications shall not be deemed to be private or secure. You further acknowledge and agree that all messages and Content posted or otherwise transmitted by You and others in any chat rooms or public areas which may be provided on, or in association with, the Website, if any, shall be deemed to be readily and fully accessible to the general public on terms determined by the Company, and consequently should not be considered private or confidential. Consequently, You should not use the Website for any communication which You intend to be private, confidential, privileged or regarding which You intend or expect that only You and the intended recipient(s) to receive, read or participate in. Regardless of whether the Company provides any type of communication or sharing service(s), You agree that You have hereby been informed and noticed that any and all messages and other communications that You submit to the Company directly or through the Website can be read by the operators and/or other agents and attorneys of the Company whether or not they are the intended recipient(s).
Unlimited Right To Investigate Complaints. Although We do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by You or any third-parties. We reserve the right but not the obligation, in Our sole and absolute discretion, to investigate complaints and review, examine, and/or monitor any and all materials posted or uploaded to the Website, and/or any Service provided the Company, by You or any third-parties, at any time without prior notice to ensure that they conform to Our Content guidelines, the Popcorn Film Club Community Code Of Conduct, and/or policies of the Website and/or Services that may be applicable thereto.
Right To Delete Communications. We reserve the right, in our sole and absolute discretion, to delete any and all messages, profiles, posts and other Content, uploaded, submitted and otherwise provided to the Website and/or to the Service, including without limitation any and all public postings, without notice, that We, in our sole discretion, determine violate (i) the Popcorn Film Club Community Code of Conduct, (ii) any other terms of this Agreement, (iii) any Service-Specific Terms, or (iv) any applicable content guidelines adopted from time to time by the Company, or that We determine, in our sole discretion, are otherwise unacceptable.
No Representation, Guarantee Or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code. You understand that the Company does not represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from, the Website, any Service provided by the Company, and/or any affiliated website, will be free of viruses, worms, Trojan horses, code that may manifest contaminating or destructive properties or any other Harmful Software. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of exposure to, or damage caused by, Harmful Software. The Company does not assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices, or any damage to Your Content or other information through Your use of the Website, and/or Content or other materials You may obtain in association therewith or in association with, or through, any Service provided by the Company or its affiliates.
Your Use Of The Website, Popcorn Film Club And All Services Provided By Company Is At Your Own Risk. You hereby agree that the use of the Website and Service, including without limitation, all materials, features, functions and all other goods and Services provided to You by the Company, and the use of any and all Content provided by the Company, Members, advertisers, and others on, in, at, through, from, or in association with, the Website are provided to You on an “as is” basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or Services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company expressly disclaims all such warranties. Company does not warrant that the functions of the Website or the providing of any Content will be uninterrupted or error-free, or that any discovered defects will be corrected. You expressly agree that under no circumstances and under no cause of action or legal theory, shall Company, or any of the Company’s suppliers, licensors (including without limitation, the Popcorn Film Club trademark licensor), licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from Harmful Software or materials, or communications by Company, You, or other Users of the Website, or from any use of any Content, the Website or Services provided by the Company. This disclaimer of warranty constitutes an essential part of this Agreement. Some states and countries do not allow exclusions of an implied warranty. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement is ultimately determined to apply to You, You acknowledge and agree that it is the express intent of the Parties hereto that the limitations of liability set forth in this Paragraph and elsewhere in this Agreement shall be construed as broadly as is permissible under applicable law and that the Parties shall do any and all things reasonably necessary to ensure that the limitations of liability set forth in this Paragraph and elsewhere in this Agreement are valid, effective and applicable as intended, including, without limitation, if necessary, to change the applicable choice of laws applicable for dispute resolution regarding matters involving Company’s liability to an applicable choice of laws that does not limit the applicability of the terms set forth in this Paragraph and other limitations of liability set forth elsewhere in this Agreement.
Limit Of Company’s Liability.
Liquidated Damages. Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to access and use Popcorn Film Club and/or the Popcorn Film Club Website, and to receive any Services from the Company, You agree that any and all liability that might be attributable to the Company, its officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from, arises under, or is otherwise related to, Your use of, Popcorn Film Club, the Popcorn Film Club Website, and/or any Services provided by the Company, including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of Content, records and/or communications, whether for breach of contract, negligence, infringement of intellectual property rights, or under any other cause or action, shall be strictly limited to Thousand Five Hundred (Rs1500). Some states and some countries do not allow the limitation or exclusion of liability for incidental or consequential damages and/or liquidated damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement should apply to You, You acknowledge and agree that it is the express intent of the Parties hereto that the limitations of liability set forth in this Paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law. You further acknowledge and agree that the Parties shall do any and all things reasonably required to ensure that the limitations of Company’s liability and the liquidated damages provisions set forth in this Paragraph and elsewhere in this Agreement are valid, effective and applicable as intended, including, without limitation, if necessary, to change the applicable choice of laws applicable for dispute resolution regarding matters involving damages to laws that do not limit the applicability of the terms set forth in this Paragraph limiting Company’s liability.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES TO YOU OR TO ANY PERSON OR ENTITY CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF ANY OF THE SERVICES PROVIDED BY COMPANY AND/OR ITS AGENTS, AND/OR THE USE OF SOFTWARE OR HARDWARE, EVEN IF COMPANY HAS BEEN ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE FOREGOING SENTENCE REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT, THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE ECONOMIC AND OTHER TERMS OF THIS AGREEMENT WERE NEGOTIATED AND AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION.
COMPANY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH POPCORN FILM CLUB TO ANYONE.
IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE POPCORN FILM CLUB COMMUNITY. THEREFORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION, INCLUDING WITHOUT LIMITATION, YOUR IDENTITY AND YOUR INFORMATION.
Liability Waiver and Release. To the maximum extent permitted by law, You hereby expressly and knowingly release and hold harmless the Company, the Company’s licensors, and the Company’s and the Company’s licensor’s respective directors, officers, members, principals, employees, contractors, suppliers, advertisers, affiliates, agents, attorneys, and all of the foregoing parties’ respective, successors, successors in interest, heirs and assigns (“Released Parties”) from any and all responsibility and liability, including, without limitation, any and all responsibility and liability for any injuries, losses, or damages of any kind, including compensatory, direct, incidental, consequential, punitive, and or other arising out of, relating to, or associated with Your use of the Popcorn Film Club Website, any and all other Services provided to You by the Company, and all Your other use of Popcorn Film Club, including, without limitation, any and all injuries, losses and damages resulting from the exhibition or failure to exhibit or transmit any of Your Content, for any reason, including but not limited to, negligence, human or technical error, any actions of any third-party, including, without limitation, any governmental entity, any and all occurrences of one or more Force Majeure events, and any and all cancellations, terminations, suspensions or material modifications of the operation of the services provided by the Company, and/or Popcorn Film Club in whole or in part. You further expressly and knowingly release and discharge the Released Parties from all actions, causes of action, suits, debts, agreements, promises, liabilities, demands, damages, losses and claims, known and unknown, of any and every kind whatsoever that You may have or may ever claim to have. You further expressly and knowingly agree that neither You nor any successor or assign will initiate any legal action of any kind against any Released Party regarding any type of loss or injury You might suffer if that loss or injury arises out of, relates to, or is in any way associated with, Popcorn Film Club or any Service provided to You by Company, including, without limitation, the Member-Generated Content Service. You expressly agree that if any party initiates any such legal action on behalf of You or any party initiates such legal action on behalf of itself because the party has acquired a right to bring such action from You, You shall be liable for, and pay for, any and all damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such action. You knowingly and expressly acknowledge and agree that the waivers and release of liability, and the promise not to bring any action against any Released Party set forth in this Paragraph are material inducements for Company to provide You with the opportunity to access and use the Popcorn Film Club Website, and to enter into this Agreement, and, but for such material inducements, Company would not have extended such offer to You or entered into this Agreement with You.
Release of Liability For Use Of User Content You Provide. You expressly release Company and all the other Released Parties from any and all liability arising in connection with Company’s authorized use of Your Content uploaded to the Website or otherwise provided to Company, if any, as well as for any use of any authorized derivative Works made thereof. You further expressly release the Released Parties from any and all liability for associating Your name, username and/or likeness with Your Content and/or derivative works therefrom, and for any and all liability for distortion or other alteration of Your Content and derivative works made therefrom, including, without limitation, for any and all such alterations that occur as a result of any interruption or corruption of transmission of any of Your Content at the time it is uploaded by You to the Website or otherwise provided to the Company.
elease Of Liability For Communications To You. You hereby release Company and all the other Released Parties from any and all liability and responsibility in connection with any and all information, messages, communication and other materials You receive from the Company and/or other Users of the Website and You promise never to bring any action, claim or initiate any dispute of any kind against any Released Party regarding any such communications or other materials You receive.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Reporting Copyright And Other Intellectual Property Infringement.
Intellectual Property Rights Policy. Popcorn Film Club is committed to protecting the intellectual property of third-parties. The Company discourages, does not permit, and expressly forbids, the use of its equipment and other property, including without limitation, its computers, servers, and databases for copyright infringing activities and/or the infringement of other intellectual property rights. It is the Company’s policy to treat any persons accessing of Our computers or databases to engage in such activities as persons engaged in unauthorized accessing of, and trespass to, the Company’s computers and databases in violation of law.
How To Report Claims Of Copyright Infringement On The Website If You Are The Owner Of The Copyright(s) And You Are In India Or You Are A Resident Of India
DMCA Notice. To report an alleged copyright infringement occurring in, at, on, through, from, and/or in association with, Popcorn Film Club, the Website and/or one or more of the Company’s Services, You must provide Us with a complete and accurate notice as required by the Digital Millennium Copyright Act (“DMCA Notice”). Although We will reasonably endeavor to review DMCA Notices provided in all languages provided, it will speed our review if You can submit Your report in English.
The Process Of Providing Notice. The notification process and related procedures for causing alleged infringing works to be removed from Popcorn Film Club, the Website and/or one or more of the Company’s Services is set forth in Our online document entitled “Popcorn Film Club Copyright Policy, Infringement Notification, Take Down and Restoration Procedures”. Please click here to see Our Popcorn Film Club Copyright Policy, Infringement Notification, Take Down and Restoration Procedures.
Liability For Material Misrepresentation. Please note that You may be liable for damages (including costs and attorneys’ fees) if You materially misrepresent any claim that any Content on the Service is infringing Your copyright.
Counter-Notice And Restoration. The procedure for providing a counter-notice to restore one or more works to the Website, etc., that have been taken down is also set forth in Our online document entitled “Popcorn Film Club Copyright Policy, Infringement Notification, Take Down and Restoration Procedures”. Please click here to see Our Popcorn Film Club Copyright Policy, Infringement Notification, Take Down and Restoration Procedures.
Fair Use. Courts in the India have provided some protection to certain kinds of materials under the Fair Use doctrine, so You should consult with an attorney to make sure the use You are notifying us about is not a fair use of the materials.
How To Report Claims Of Copyright Infringement On The Website If You Are The Owner Of The Copy right(s) And You Are Outside Of The India. To report an alleged copyright infringement occurring in, at, on, through, from, and/or in association with, Popcorn Film Club, the Website and/or one or more of the Company’s Services, We require a content complaint notice (“Content Complaint Notice”) be provided to the Company in writing. Please be advised that the Content Complaint Notice shall be a sworn statement from You and shall be is subject to our good faith reliance on the information You provide. We require that any copyright complaint include a statement that the use is not an authorized or fair use. We will not accept Content Complaint Notices from third parties that are not expressly authorized to act on behalf of the rightful and true copyright owner. If You are NOT the owner of the subject content that is allegedly being infringed OR THE AUTHORIZED AGENT OF THE OWNER with respect to the work(s) at issue, DO NOT FILE A CONTENT COMPLAINT. Please click here to see Our Popcorn Film Club Copyright Policy, Infringement Notification, Take Down and Restoration Procedures for further instructions for providing Us with a Content Complaint Notice.
Removing, Or Disabling Access To, Allegedly Infringing Content. Regardless of what a local country law may allow or require us to do when We receive a Content Complaint Notice or a DMCA Notice of infringement of copyright, Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity. If We remove or disable access in response to such a notice, We will make a good-faith attempt to contact the owner or administrator of the affected page so that they have the opportunity to provide a counter-notification. If We receive a counter-notification regarding certain Content, We may permit the reinstatement of the Content in question.
False Notification. Filing a false DMCA Notice or Content Complaint Notice will subject a Member to immediate Membership and account termination, and potential liability under the laws of India.
No Enforcement Limitation. Nothing in this this Agreement shall waive any rights We have under any statute or regulation to enforce Content rights, or to opt not to enforce them in the jurisdiction where We operate the Service.
How To Report Other Claims Of Intellectual Property Infringement By Users. If You wish to report other claims of intellectual property infringement (i.e. non-copyright claims, such as trademark or patent infringement claims) by a Website User, please contact us at [email protected]. We appreciate Your cooperation in providing an English translation of Your report, when possible.
Notices. Other notices from the Company to Members and other authorized Users may be given by means of electronic messages or by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at [email protected] and no12, 2nd Floor, Manjunatha Layout, HSR Layout, Secor 7, Bangalore 560068. India.
Entire Agreement; Modification and Updating Of Agreement. This Agreement, which includes by incorporation Our PRIVACY POLICY (please click here to see Our Privacy Policy) and any and all agreement(s) You have entered into, or enter into in future, with Company, contains and constitutes the entire agreement between You and the Company regarding Your access to, and use of, the Popcorn Film Club, the Website, and Services provided to You by the Company, including, without limitation, all features and functionality directly and indirectly related to the Website, and all other matters directly or indirectly pertaining to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third-party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement on the Website and/or by posting at via a link displayed on the home page and/or other pages of the Website, and/or at https://www.popcornfilmclub.com/terms. You are advised to frequently check and review the current version of this Agreement, particularly before using any Service provided by the Company, or uploading any Content to the Website.
Special Provisions Applicable to Users Outside India. We strive to create a global community with consistent standards for everyone, but We also strive to respect local laws. The following provisions apply to You and other users outside India:
You consent to having Your personal data transferred to and processed in India
If You are located in a country embargoed by the India, you will not engage in commercial activities on Popcorn Film Club (such as advertising or payments) or operate an application or website.
Venue and Jurisdiction. You and the Company hereby agree that the venue for all legal disputes, controversies, and actions of any and every kind arising under or related to this Agreement shall be Bangalore, India. Further, You and Company agree that in case of any litigation requiring or involving any filing of a lawsuit with a court, such litigation shall be, depending on the subject matter of the dispute, under the jurisdiction of either the Municipal Court of Bangalore, India, the Superior Court of the County of India. You hereby consent and stipulate to the jurisdiction of the Courts of the State of India.
Time Limitation. You expressly acknowledge and agree that, notwithstanding any statute or law to the contrary, any and all claims and causes of action against Company or any of the other Released Parties arising out of, arising under, or related to, this Agreement must be filed within one (1) year after such claim or cause of action first arises or such claim or cause of action shall be forever barred. Notwithstanding the foregoing, You expressly acknowledge and agree that the aforesaid time limitation shall not apply to any claims or causes of action that the Company and/or any of the Released Parties may have against You, including any claims or causes of action arising from any breach of warranty or other obligation set forth in this Agreement, or any related Agreement (e.g., a Member Content Uploading And License Of Rights Agreement), by You.
Unenforceability Of Provisions. You and Company agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and severed, and such severance shall not affect the validity and enforceability of any and all the remaining provisions).
Non-Waiver. You acknowledge and agree that the failure of the Company, the Popcorn Film Club licensor, any the Affiliated Content Providers, affiliates, or any of the Popcorn Film Club licensor’s other licensees, or any of the foregoing parties’ assignees or successors, to enforce any of the specific provisions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further, or other, enforcement of such provision(s), or any other provision(s), and shall not waive, preclude, prevent or diminish the exercise of any other right hereunder.
No Joint Or Collaborative Venture. Nothing in this Agreement is intended by the Company or You to create or constitute a joint or collaborative venture or partnership of any kind between You and the Company, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between You and Company or any of Company’s employees, agents, contractors, affiliates or assigns.
Authority To Enter Into Agreement. You hereby acknowledge and represent that You are duly authorized and have full authority to enter into this Agreement on behalf of Yourself.
Affirmation Of Agreement; Acknowledge You Have Read This Entire Agreement. By continuing to access the Website, by receiving any Service from the Company and/or by using any feature or functionality available in, at, on, through, or associated with, the Website and/or any Service provided by the Company, or by participating in any way, as a User of Popcorn Film Club, You expressly agree that You will be expressly acknowledging and affirming that You have read this entire Agreement and that You understand, and fully and irrevocably agree to, all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by You each time You upload or otherwise provide any Content to the Website, and/or receive or otherwise use any Service provided by the Company.
Mutually Drafted; Negotiation Option; Not A Contract Of Adhesion. For purposes of construction and interpretation of this Agreement, both You and the Company shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or propose any modifications of this Agreement before providing Your assent and agreement, please contact the Company at [email protected]. You hereby expressly acknowledge that Company has provided You with an opportunity to propose modifications to this Agreement. You also hereby expressly acknowledge and agree that this Agreement is not a contract of adhesion and that as a material inducement for Company to enter into this Agreement with You, You hereby agree that You will not make any claim or support any action on the claim that this Agreement constitutes, in whole or in part, a contract of adhesion or is unfair or unconscionable in any way.
Review By Your Attorney. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this Agreement. Company strongly suggests that You review this Agreement with Your attorney prior to its execution if You have not already done so. You acknowledge and agree that Company did not pressure You or otherwise require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney of Your choosing. You acknowledge and agree that nothing herein and no statement by the Company or any of Company’s principals, officers, directors, shareholders, employees, representatives, agents, attorneys, affiliates, assigns or successors or any other person associated with Company has in any way prevented or inhibited You in any way from freely seeking such legal advice prior to Your entering into this Agreement. You hereby acknowledge and agree that You are not, and at no time were, under any time constraint imposed by the Company to agree to this Agreement or to receive any service from the Company or participate in any program offered by the Company, use any part of the Website or engage in any activity associated with Popcorn Film Club, and You acknowledge that You may forego such participation without any obligation or sanction for having done so by not entering into this Agreement. You acknowledge and agree that nothing prevents You from leaving the Website and seeking counsel to review this Agreement and assist You prior to Your agreement hereto. You hereby acknowledge and agree that the terms of this Agreement are reasonable and fair, and that all terms have been fully disclosed in writing. You acknowledge that You have either had competent counsel review this Agreement and provide You with legal consultation regarding it and all transactions that might be associated herewith or You have knowingly and voluntarily decided not to do so. If You have elected not to have an attorney review this Agreement and advise You regarding it, You expressly agree and warrant that You shall not at any time (i) raise the fact that You have not had an attorney review this Agreement or (ii) claim the You were not provided a fair and reasonable opportunity to have an attorney review this Agreement and advise You regarding the matters set forth hereinbefore You entered into this Agreement and assented to all its provisions.
English. You hereby acknowledge and affirm that You are sufficiently fluent in the English language to fully understand all the provisions of this Agreement. The Parties agree that in the event that this Agreement is translated for any reason, in the event of any ambiguities or disputes resulting from such translation(s), the English version of this Agreement shall control and govern in all situations.
No Contest Of Validity Of This Agreement. As a material condition for Your authorized use of the Website and/or receipt of Services, You agree that You will not contest the validity or enforceability of this Agreement, any Popcorn Film Club Member Content Uploading and License of Rights Agreement (available here) or any Service-Specific Terms on the ground that Your acceptance was not unequivocally and knowingly provided by Your providing Your acceptance including, without limitation, by Your use of the Website, Your uploading of Content to the Website or otherwise providing Content to the Company, and/or Your engaging any button, hyperlink or similar feature reasonably signifying Your acceptance of this Agreement by engagement of such feature.
Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the Parties hereto, and their respective successors and assigns.
YOU HEREBY ACKNOWLEDGE THAT YOU BY CONTINUED USE OF THE WEBSITE AND/OR RECEIPT OF ANY SERVICE FROM THE COMPANY THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU FULLY UNDERSTAND AND AGREE TO ALL ITS TERMS.
Grievance Officer: In case of any breach of privacy or for any other complaints, you may contact our Grievance Officer at:
Junesh Jayachandran
Popcorn film Club
#12, 2nd Floor, Manjunatha Layout, HSR Layout, Sector 7
junesh[at]popcornfilmclub,com
Tel: +91 9611115051
For any other questions or queries about this Privacy Policy, please contact us at info[at]popcornfilmclub,com
Address
No12, 2nd Floor,
Manjunatha Layout, HSR Sector 7
Bengaluru, Karnataka-560068
Call Us
(+91) 96111 15051
(+91) 98456 74415
Want to know more?
[email protected]
www.popcornfilmclub.com