You must register an account and provide certain information about yourself in order to use the capabilities and features that are offered on www.popweaver.com. You are responsible for maintaining the confidentiality of your account's password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to deactivate your account at any time for any or no reason.
You represent that any information that you provide when creating your Weaver Popcorn account is accurate. We encourage you to provide complete information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself provide an email address other than your own, or create multiple accounts.
Any information; ideas or opinions posted by Users of popweaver.com does not necessarily reflect Weaver Popcorn's views. Weaver Popcorn does not assume responsibility for the accuracy of any information, ideas or opinions posted by Users and is not liable for any claims, damages or losses resulting from such information, ideas or opinions. When posting any information, materials or content or otherwise accessing the Sites or Services, User agrees that User will not:
- Harass, defame, intimidate or threaten another user;
- Interfere with another user's rights to privacy;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any material that is obscene, offensive or indecent;
- Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);
- Use any means to "scrape," "crawl," or "spider" any web pages contained in the Sites (although Weaver Popcorn does allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such
materials, and Weaver Popcorn reserves the right to revoke these exceptions either generally or in specific cases);
- Recruit or otherwise solicit any User to join third party services or websites that are competitive to Weaver Popcorn, without Weaver Popcorn's prior written approval;
- Use, display, mirror, or frame the Sites or any individual element within the Sites or Services, Weaver Popcorn's name, any Weaver Popcorn trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Weaver Popcorn's express written consent;
- Access, tamper with, or use non-public areas of the Sites, Weaver Popcorn's computer systems, or the technical delivery systems of Weaver Popcorn's providers;
- Attempt to probe, scan, or test the vulnerability of any Weaver Popcorn system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Weaver Popcorn or any of Weaver Popcorn's providers or any other third party (including another user) to protect the Sites or Services; or
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Sites or Services.
User must at all times use the Sites and the Services in a responsible and legal manner. In particular (but not exclusively) User must not do any of the following: misrepresent User's identity or User's affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from User; delete or falsify any attributions, trademarks or designations of source from any website content; or interfere with or disrupt the service or services or networks connected to the Services or Sites; collect or store personal data about other users including email addresses without consent. User agrees that User will comply with all applicable local, state and federal laws, statutes and regulations regarding use of the Sites and Services.
COMMUNICATIONS AND NOTIFICATIONS
Use of Your Comments, Photos and Videos: We love to see your comments, photos, and videos. By sharing, submitting, or uploading your story, comment, photo, or video of you and/or your minor children ("Your Content") on our social webpages or websites, you represent that you own the copyright in Your Content and you authorize Weaver Popcorn ("Weaver Popcorn," "our" or "us") to use, publish, reproduce, modify, display, perform and distribute Your Content with or without your name or the name of your minor children, in perpetuity, worldwide, in any and all media or formats (now known or discovered or developed in the future) for any lawful purpose, subject to the privacy rights of minors provided under California law as described above. Do not upload or post any content in which you do not own the copyright. If individuals other than you appear in Your Content, by sharing, submitting or uploading Your Content, you represent that you have their written permission (or their parent's or legal guardian's permission if a minor) to share, submit or upload such content. If you do not or cannot follow these terms and conditions, do not share, submit or upload any content to any Weaver Popcorn social webpages or websites.
Nothing grants you the right to use trademarks or other intellectual property owned by Weaver Popcorn.
DISCLAIMER OF WARRANTIES
The Services are provided "as is", "as available" and without warranties of any kind, by either us or anyone else who has been involved in the creation or production of the services, including but not limited to express warranties, and implied warranties, which implied warranties shall include but not be limited to the implied warranties of merchantability, non-infringement or fitness for a particular purpose. We make no warranty that the services are accurate, reliable or correct; that the services will be available at any particular time or location; that the services or data of yours or about you are secure; that any defects or errors will be corrected; that the services are free of viruses or other harmful components; that the services will be compatible with any hardware or systems software configuration; or that you will achieve successful results from following any instructions, directions or recommendations provided by us.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances shall we, our officers, directors, employees, members or agents, be liable for any direct, indirect, punitive, incidental, special or consequential damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) (whether in contract, negligence, tort or otherwise) arising out of or in connection with: (i) your use of the program or inability to use the site; (ii) any failure of performance, error, omission, interruption, effect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to the program; and (iii) damage to your hardware resulting from use of the services. If you are dissatisfied with us, the services or these terms, your sole and exclusive remedy is to discontinue your participation in the program. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
We are not liable for any personal injury, including death, attributable to or caused by your use or misuse of the program. Any claims arising in connection with your use the services or any content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these terms are exclusive and are limited to those expressly provided for in these terms.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability for liabilities that otherwise would have been limited shall not exceed $100.00.
You shall defend, indemnify, and hold us and our employees, contractors, officers and directors harmless from all liabilities, damages, expenses, and other losses, including attorney's fees, that are based on claims arising from (i) your participation in or misuse of the Services ; (ii) your breach of these Terms; or (iii) your breach of any law or the rights of a third party. We reserve the right, at our own expense, to (a) assume the exclusive defense and control of any matter otherwise subject to indemnification by you, or (b) participate in the defense with counsel of our own choosing and at our own expense; and in both such cases, you will cooperate with us in asserting any available defenses.
CHOICE OF LAW
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed and venued only in the state or federal courts having subject matter jurisdiction located in the State of Indiana and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
INTEGRATION AND SEVERABILITY
The Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals with respect to the Services . If any provision of these Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
WAIVER Our failure at any time to require performance of any provision of these Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
NOTIFICATION OF CHANGES
TERMINATION, SERVICE CHANGES
We may terminate the Services and/or change their terms and conditions at any time, in our sole discretion.
For questions related to these Terms, please email us at ConsumerCare@popweaver.com.