Terms of Use

The following Terms of Use outline your obligations when using the Popcorn Confessions web site. You can also review our Privacy Policy, for more information about handling of user information.

ACCEPTANCE OF TERMS

Before using Popcorn Confessions web site or accessing its content or services, please carefully read this agreement. By accessing Popcorn Confessions web site or any of its content, you agree to be bound by these terms and conditions.

MODIFICATIONS OF TERMS OF USE

Popcorn Confessions reserves the right, at Popcorn Confessions' sole discression, to change, modify, add to or remove from these terms and conditions from time to time. Modifications will be effective immediately upon posting of the modified terms, unless otherwise noted. Continued use or access of Popcorn Confessions' web site or property signifies acceptance of these changes.

DESCRIPTION OF SERVICE

Popcorn Confessions provides access to movie information, reviews, user communication, movie news, and other information as found on the site. Services and information may be added or removed or restricted for any reason at the sole discression of Popcorn Confessions. This information, as well as any new or future services, is provided to the user subject to these terms and conditions.

UNLAWFUL OR PROHIBITED USE

By accessing and using the Popcorn Confessions Site, you warrant that you will not use the site or any of its content or services for any purposes which are unlawful or otherwise prohibited by these terms. If you violate any of these terms, your permission to use the services is automatically terminated.

REGISTRATION OBLIGATIONS

By accessing and registering for this service, you must provide true, accurate, current and complete information as requested by the Popcorn Confessions registration form. Failure to do so shall constitute a breach of the Terms of Use, which may include termination of your user account. You may not input false information with the intention of impersonating another user, or in any way infringe upon the rights of another user of the service. Use of offensive, vulgar, or obscene information is not allowed and will constitute a breach of these terms.

Each user will be responsible for the confidentiality and maintenance of their personal login information and passwords. Popcorn Confessions is not liable for any loss or damage arising from a user's failure to completely comply with any of these terms.

Popcorn Confessions reserves the right to refuse registration or use to any user at its discretion.

CONDUCT

By using this service, you agree not to use the services or information provided by Popcorn Confessions in any way that is unlawful or prohibited by these Terms of Use, or for any purpose not reasonably and obviously intended by Popcorn Confessions. This includes but is in no way limited to:

Abuse, harassment, impersonation, intimidation of other users.

Sending or causing transmission of any content which is infringing, libelous, threatening, obscene, pornographic, abusive, profane, or in any way violates any law or rights of any person.

Any illegal or unauthorized purpose.

International users agree to comply with all local laws regarding online conduct and acceptable content.

Transmission of unwanted or unauthorized ('Spam') email or other communications to any other user or third party.

Advertising or soliciting for services to other users of the site or third parties.

Attempting to obtain personal account login information, or private information from any other user or third party.

Violation of laws in your area, including but in no way limited to Copyright laws.

Use of robots or scrapers or other automated means, with the exception of any expressly authorized and provided by Popcorn Confessions, without express written permission.

Any action intended to artificially or unfairly manipulate ranking results of movies, reviews, users, or other data, as determined by Popcorn Confessions.

Any action which causes unnecessary server load or instability.

Popcorn Confessions may remove any user submitted content or account for any reason including, but in no way limited to claims or allegations of infringement of laws or these Terms of Use, or for no reason at all.

Popcorn Confessions reserves the right, but is in no way obligated, to moderate disputes between users.

SUBMITTED CONTENT

All information or any materials whether transmitted publicly or privately, is the sole responsibility of the person from whom such content originated.

By uploading or submitting any content for inclusion on this site, you represent and warrant that you own the rights of said content and you agree that you are submitting that content to the public domain under the Creative Commons License, excluding any outgoing links to external content.

Popcorn Confessions does not guarantee the accuracy or integrity or quality of any content included on this site.

All information included on this site is believed to be under the public domain.

COPYRIGHT

Popcorn Confessions respects intellectual property. We will investigate notices of alleged infringement and take appropriate actions under the applicable governing property laws.

Upon receiving notice of copyright violations or other trademark violations, Popcorn Confessions may take actions including but not limited to deletion or removal of said content or removal of or deletion of a user's account.

To notify Popcorn Confessions of alleged copyright infringement, you must provide written communications emailed to abuse@popcornconfessions.com. We may need to share your notice, as well as personally identifiable information in the event of a copyright dispute.

All liability of copyright infringement will be limited to the offending user. Likewise, if you misrepresent a copyright infringement claim, knowingly or otherwise, you will be entirely liable for any damages and fees.

PRIVACY POLICY

Popcorn Confessions current Privacy Policy is viewable on our Privacy Policy page.

INDEMNITY

You will indemnify and hold harmless Popcorn Confessions, it's parents, subsidiaries, affiliates, customers, vendors, officers, employees and agents from any and all claims, demands, damages, costs, and all liabilities including attorneys' fees, made by any third party due to or arising out of your access to or use of the site, services, violation of the Terms of Use by you, or the infringement by you or any third party using your Popcorn Confessions account or information of any intellectual property or rights of any person or entity.

WARRANTY DISCLAIMERS

You acknowledge that Popcorn Confessions has no control over and no duty to take any action regarding which users access or use the site, the content of the site and any affects the content may have, or your interpretation of the content, or your own actions which you take as a result of the content. You acknowledge and release Popcorn Confessions form any and all liability for your access of the content. Popcorn Confessions makes absolutely no representations concerning any content contained in, accessed by, or linked from the site or services, and Popcorn Confessions is not responsible or liable for the accuracy, decency, legality, or intellectual ownership of any content or material contained in or linked from the site. You agree that you are accessing the site information with no warranties of any kind, express or implied.

Popcorn Confessions makes no warranty that the Popcorn Confessions sites or any service thereon will meet your requirements, any user access will be uninterrupted, timely, secure or error-free, the quality of any content, products services, information or other material obtained by any user will meet his or her expectations, and any errors in the software will be corrected. Excluding only damages arising out of Popcorn Confessions' gross negligence or willful misconduct, Popcorn Confessions shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Popcorn Confessions has been advised of the possibility of such damages), resulting from any user's use or inability to use any Popcorn Confessions sites or services thereon; the cost of procurement of substitute services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Popcorn Confessions sites; or any other matter relating to the Popcorn Confessions sites. IN no event shall Popcorn Confessions' total cumulative liability to any user or other party under these Terms of Service or otherwise exceed $100.00. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

LINKS

The site or services may include links to external web sites or resources which Popcorn Confessions has no control over. You acknowledge that Popcorn Confessions does not control and is not liable or responsible for any content, advertising, products, services, materials, or other information on external sites, and does not endorse any of the content and other materials on such sites.

You further acknowledge that Popcorn Confessions will not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in any connection with the use of any content, goods, or services on such external sites.

LIMITATION OF LIABILITY

Each user's use of Popcorn Confessions site and resources is at his or her sole risk. All information and content on Popcorn Confessions properties is provided on an 'as is' and 'as available' basis and Popcorn Confessions assumes no responsibility for the timeliness, deletion, mis-delivery, failure to store, or security of any user communications, content, or other information.

TERMINATION

Popcorn Confessions may terminate or suspend any and all activities connected with your account immediately and without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use.

If you wish to terminate your account, you may simply discontinue using the service.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

MISCELLANEOUS

Absolutely no agreement, joint venture, partnership, or employment agreement is created as a result of these Terms of Use and you have no authority to bind Popcorn Confessions in any respect whatsoever. The failure of any party to exercise any right provided for in this Terms of Use is not to be considered a waiver of any further rights provided for in this document. Popcorn Confessions shall not be in any way liable for failure to perform its obligations as contained in this document where any such failure results from conditions, circumstances, or any cause beyond Popcorn Confessions' control, including but in no way limited to failure of any equipment, communications infrastructure, power interruptions, or communications degradation such as line noise or electronic interference. If any part of this Terms of Service is deemed in any way to be invalid or unenforceable, such part will be invalidated or limited to the minimum extent necessary so that these Terms of Use shall otherwise remain in full effect will full force and enforceable. The Terms of Use are not in any way transferable, sublicensable, assignable, except with Popcorn Confessions explicit written consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Missouri, as if made within Missouri between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Saint Charles County and the United States District Court of Missouri. Notwithstanding the foregoing sentence, (but without limiting Popcorn Confessions' right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator as chosen by Popcorn Confessions. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Saint Charles, Missouri using the English language and pursuant to the laws of that county. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

TRADEMARKS

Popcorn Confessions, Pop, Popit, Pop It, and all Popcorn Confessions Logos, graphics, designs, page headers, buttons, icons, scripts, and any and all services are pending trademarks or trade dress of Popcorn Confessions in the United States and/or other countries. Popcorn Confessions trademarks and trade dress may not be used, including as part of trademarks nor as part of domain names, in connection with any product or service that is likely to cause any level of confusion. Images and designs made available as part of tools to partner, third-party, and any tools or images explicitly released to users may be used in connection with their exclusively provided for use, such as voting tools, submission or communication tools, if and only if credit is appropriately given as requested by such tools' release.