Popcrn Website Terms of Use

Popcrn, Inc. Terms of Service

This Terms of Service was updated in February, 2021.

Welcome! We’re so glad you are here. This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of Poprcrn’s websites, services, and mobile applications (collectively, the “Service”), each owned and operated by Popcrn, Inc. (“Popcrn,” “we,” “our,” or “us”).

Please read the Terms carefully before using the Service because they are a legally binding agreement between you (“you,” or “your”) and Popcrn, Inc. If you don’t agree to the Terms, as well as [privacy policy hyperlink] (the “Privacy Policy”) and Popcrn’s [community guidelines hyperlink] (the “Community Guidelines'') which are hereby incorporated herein, you may not use the Service. If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by, and comply with the Terms.

THESE TERMS CONTAIN A BINDING AND MANDATORY CUSTOMER ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY DOWNLOADING OUR MOBILE APPLICATION, ESTABLISHING AN ACCOUNT, USING OUR SERVICE, AND/OR NAVIGATING OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE TERMS; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR THAT YOU HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN TO CREATE AN ACCOUNT AND TO AGREE TO THESE TERMS, AND UPON REQUEST YOU ARE ABLE TO PROVIDE PROOF OF SUCH PERMISSION; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS.

  1. Your Popcrn Account. If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Popcrn may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Popcrn liability. You must immediately notify Popcrn of any unauthorized uses of your Account or any other breaches of security. Popcrn will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.


  1. Your Responsibilities. If you operate an Account, comment on another user’s Content, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:

By uploading Content or otherwise providing Content to Popcrn, you grant Popcrn the right to use, process, (including the right to host, index, cache and format) and display your Content in connection with providing the Service as well as otherwise on the Site and our marketing communications with you and other users and prospective users of the Service, including without limitation on our emails, marketing channels and other promotional materials (subject to the requirements set out in the Privacy Policy). To the extent we use your Content in our marketing communications, unless you expressly permit us to do otherwise, we will always cite you as the owner of such Content. This paragraph will survive the termination or expiry of the Terms.

Popcrn reserves the right to refuse or remove any Content or terminate or deny access to your use of the Service for any reason whatsoever. Please read the Community Guidelines for rules and advice on what types of Content and uses of the Service are appropriate at Popcrn.

All Content uploaded are copyright © their respective owners.

If you delete Content, Popcrn will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

  1. Rules. Use of any of the Service is subject to the following rules. You agree that, in addition to abiding by our Community Guidelines, you will not do any of the following:

  1. Third Party Websites and Content. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Popcrn links, and that link to Popcrn or the Service.  Popcrn does not have any control over those non-Popcrn websites and webpages, and is not responsible for their contents or use. By linking to a non-Popcrn website or webpage, Popcrn does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. Popcrn disclaims any responsibility for any harm resulting from your use of non-Popcrn websites and webpages.

  2. Intellectual Property. All material available on the Service and all material and services provided by or through Popcrn, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by patent, copyright, trademark, trade secret and other intellectual property laws.

If Popcrn, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your, or a third party system, then Popcrn may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. Popcrn has no liability to you for suspending the Service under this provision.

This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Popcrn related to the Service or Popcrn or its business (“Feedback”) are and will be Popcrn’s exclusive property without any compensation or other consideration payable to you by Popcrn, and you do so of your own free will and volition. Popcrn may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Popcrn may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to Popcrn in any Feedback and, as applicable, waive any moral rights.


Popcrn retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data that does not contain personal information and has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that Popcrn may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content. For the purposes of the Terms and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.

  1. Changes. Popcrn reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. Popcrn may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.

  2. Termination. Popcrn may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Terms or your Account (if you have one), you may simply discontinue using the Service or terminate your Account by using the features of the mobile application that allow you to do so. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, arbitration, and limitations of liability.

  3. Mobile Devices; Terms Related to Apple. If you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. Some or all of the Service’s functionality may not work with all carriers or mobile devices. By accessing the Service on a mobile device, you agree that we may communicate with you by push notifications, text message, or other electronic means to your mobile device and that certain information about your usage of the Service through the mobile device may be communicated to us. This paragraph applies to any version of our App that you acquire from the Apple App Store.


These Terms are by and between you and us and bind you and us. Apple, Inc., its affiliates and other application stores (collectively “Apple”) are not a party to the Terms and shall have no obligations with respect to our App. Popcrn, not Apple, is solely responsible for our mobile application and the Materials thereof as set forth hereunder. However, Apple is a third-party beneficiaries of this Agreement. Upon your acceptance of the Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. The Terms incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are the “end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and the Terms, the Terms shall control.


  1. Disclaimer of Warranties. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS  PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.


  1. Limitation of Liability. YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL POPCRN OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF POPCRN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE TERMS OR YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS. POPCRN’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THE TERMS IS LIMITED TO THE TOTAL AMOUNTS YOU PAID TO POPCRN IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, POPCRN’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, POPCRN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION TO POPCRN OR THROUGH THE SERVICE. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.


THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN POPCRN AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.


WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SERVICE AND/OR THE TERMS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.


You agree that you will not bring a claim under or related to the Terms more than one year from when your claim first arose.

  1. Copyright Infringement; DMCA Notice. If you believe that any Content violate your copyright, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) must be provided to our designated Copyright Agent:


Popcrn Copyright Agent that is to receive DMCA takedown notices is Allan Muteti, Attn: DMCA Notice, 11468 Old Spring Rd Fontana CA 92337. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. It is our policy to terminate the accounts of repeat infringers.


  1. General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with the Terms, the Privacy Policy, the Community Guidelines and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

  2. Indemnification. You agree to indemnify, defend, and hold harmless Popcrn, and its subsidiaries, affiliates, co-branders, all third-party technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Popcrn reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Popcrn and you agree to cooperate with Popcrn’s defense of these Claims. You agree not to settle any matter without the prior written consent of Popcrn. Popcrn will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
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  3. Miscellaneous. If there is any dispute between you and Popcrn about or involving the Terms, the Service, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.


Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with the Terms will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English.

If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.

You agree that the Terms are specifically enforceable by Popcrn through injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if Popcrn does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Popcrn has the benefit of under any applicable law), this will not be taken to be a formal waiver of Popcrn’s rights and that those rights or remedies will still be available to Popcrn.

The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.

  1. Contacting Popcrn. You may contact Popcrn by email at support@popcrn.co or by mail at 11468 Old Spring Rd Fontana CA 92337.