Terms of service
As of November 2021
1. Grant of Rights
a. We grant you a limited, non-exclusive, non-transferable right to access and utilize: i) the service provided by Popflick for discovering and watching movies and other video content, including all related features, functionalities, recommendations, reviews, and user interfaces; ii) the Popflick website; and iii) all content and software associated with any of the foregoing (collectively hereinafter the “Popflick Service”), and to view content through such the Popflick Service.
b. Except for the foregoing limited right of access and viewing, no right, title or interest in the Popflick Service, including but not limited to any intellectual property rights associated with the service or related content, shall be transferred to You.
c. You must be at least eighteen years of age to utilize the Popflick Service. Individuals under such age may utilize the service only with the involvement of a parent or legal guardian, under such parent or guardian's account, and otherwise subject to these Terms of Service.
d. The Popflick Service is available for usage only in the United States of America, including territories thereof, and You understand and agree to such limitation, You acknowledge that We may use geolocation software and other means to enforce such limitation, and You agree not to circumvent or attempt to circumvent such geographic restrictions or related software.
1. Subscription Billing
a. Use of the Popflick Service is provided to Client by subscription. Your subscription is effective for the period covered by your subscription fee as disclosed in the enrollment process and continues upon your payment in advance of the renewal fee for the applicable period (i.e., monthly or annually).
b. Renewal fees for your subscription will automatically be charged at the then-current rate to the credit card or other billing source authorized by You on the first day of each successive subscription term until you cancel your subscription. Renewal will occur without prior notice to you.
c. All fees paid hereunder are non-refundable.
d. Popflick reserves the right to change the subscription fee for any renewal term upon notice to You, to be effective upon the renewal of your subscription for the next applicable period.
e. Should You choose to discontinue your subscription for any reason before expiration of the then-applicable subscription term for which you have paid, You may cancel your subscription and terminate further billing by logging in to your account and changing your settings under the “My Account” page.
1. Usage Restrictions
You hereby agree:
a. The Popflick Service and any content viewed through our service are for Your personal and non-commercial use only. You agree not to use the service for public performances or to share with individuals beyond your household.
b. You will not license, sublicense, sell, offer for sell, any of the Popflick Service to another person, company, or other entity.
c. You will not archive, reproduce, distribute, modify, display, perform, publish, license, or create derivative works from the Popflick Service.
d. You will not use the Popflick Service in a way that would defame, malign, slander, libel, or vilify any person or group of persons or any countries, races, customs, cultures, religions, or governments.
e. You will not engage in screen scraping of the Popflick Service, use any similar automated process for the capture or conversion of electronic files, or use any data mining or data gathering method or software.
f. You will not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Popflick Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the service; or insert any code or product or manipulate the content of the service in any way..
g. You will not upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment, including any software viruses or any other computer code, files or programs.
1. User Requirements
a. Your usage of the Popflick Service will be affected by a variety of factors, including but not limited to the bandwidth available through: i) your internet connection and/or the speed thereof; and ii) the nature and quality of the device that You utilize. A broadband internet is necessary for optimal viewing experience. In addition, either a PC or Mac with a current version of a supported web browser or a phone or tablet with current software (iOS or Android) is necessary for optical viewing experience.
b. You acknowledge and agree that: i) Your usage and ability to access the Popflick Service may at times be limited or restricted due to channel carrying capacity or data transfer speeds (sometimes referred to as bandwidth limitations) related to the technical capacities of Popflick and/or third parties; and ii) Popflick and such third parties are not liable in any manner for such limitations or restrictions.
1. User Comments You agree that We may use any comments, reviews, information, concepts, or any other material contained in any communication you that post to the Popflick Service or otherwise provide to us in any manner (collectively “User Comments”), and You further agree that we may use such User Comments worldwide and in perpetuity without compensation, acknowledgement or payment to You.
1. Compliance with Law
You hereby agree that your use of the Popflick Service will comply at all times with all applicable laws, rules, and regulations of any country, state, province, or other jurisdiction, including the export laws and regulations of the United States of America.
1. Termination Popflick reserves the right to terminate a Client’s access to the Popflick Service without notice at any time if it determines in its sole discretion that a Client is violating any of the terms and conditions of these Terms of Service. Popflick also reserves the right for any reason or no reason to refuse to renew a subscription with or without prior notice.
1. Warranty Exclusion; Exclusion of Damages; Limitation of Liability
a. Popflick makes no warranty as to use or performance of the Popflick Service, including quality of image or compatibility with any computer hardware or other equipment, operating system, or software program, and hereby disclaims all warranties, express or implied, whether by state, common law, custom, usage, or otherwise, including warranties regarding noninfringement of third party rights, merchantability, and fitness for any particular purpose.
b. In no event shall Popflick be liable to Client for any special, INCIDENTAL, indirect, consequential, or punitive damages OF ANY KIND arising out of the use of or inability to use ANY OF THE POPFLICK SERVICE. THE aggregate liability OF POPFLICK in connection with these Terms of Service and Client’s use of the Popflick Service shall be strictly limited to the Purchase Price paid BY CLIENT therefor.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. SOME OF THE ABOVE LIMITATIONS ACCORDINGLY MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
1. Governing Law; Jurisdiction These Terms of Service shall be interpreted, enforced, and governed by the laws of the State of Georgia, USA, without regard to the choice of law rules of any jurisdiction. Unless Popflick elects arbitration pursuant to Section 10, all disputes relating to or regarding these Terms of Service or termination thereof shall be submitted to the exclusive jurisdiction of the state courts and federal courts sitting in Fulton County, Georgia, USA, and Client irrevocably consents to such personal jurisdiction and waives all objections thereto.
1. Optional Arbitration In the event of a dispute relating to or regarding these Terms of Service, Client’s use of the Popflick Service, or termination of Client’s access to the Popflick Service, Popflick may at its sole discretion and option cause the dispute to be resolved by means of arbitration before a single arbitrator pursuant to arbitration in Atlanta, Georgia, USA, and pursuant to the Consumer Arbitration Rules of the American Arbitration Association. Should Popflick elect arbitration hereunder, the decision of the arbitrator shall be final and binding.
1. Attorney’s Fees In the event that Popflick institutes any suit against Client for any violation of or to enforce these Terms of Service, including collection of any fees due hereunder, or should Popflick intervene in any suit to enforce or protect its interest or rights hereunder, Popflick shall be entitled to all of its costs and expenses in connection therewith, including reasonable fees of its attorneys, if and to the extent permitted by law.
1. Binding Nature; Assignment
These Terms of Service constitute a binding agreement between Popflick and Client, and shall bind the parties and their permitted heirs, executors, administrators, successors, and assignees. These Terms of Service are personal to Client and may not be assigned or transferred by Client, whether by consent of Client or by operation of law. Popflick may assign these Terms of Service in its sole discretion, including but not limited to in connection with the sale or other transfer of all or substantially all of its assets or equity interests, whether by sale, merger, or otherwise.
1. Miscellaneous
a. Amendments. Popflick reserves the right to amend these Terms of Service from time to time and at any time at its sole discretion; such amendments shall be effective upon the earlier of: i) Popflick providing notice to Client; and ii) the publication by Popflick of the amended Terms of Service on the Popflick web site.
b. Severability. If any term or provision of these Terms of Service, or any portion thereof, or the application thereof to any person(s) or circumstance, shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of these Terms of Service, or the application of such term or provision to persons or circumstances other than those as to which it is so judicially held to be invalid or unenforceable, shall not be affected thereby, and each term and provision of these Terms of Service shall be valid and be enforceable to the fullest extent permitted by law.
c. No Waiver. The failure of Popflick to seek redress for violation of or to insist upon the strict performance of any covenant or condition of these Terms of Service shall not prevent a subsequent act that would have originally constituted a violation from having the effect of an original violation.
d. Notices. Written notices hereunder given by Popflick to Client may be delivered via email to the email address associated with Your account in Popflick’s records or in a hardcopy writing to Your contact address maintained in Your account with Popflick and deposited in the U.S. mail, certified with return receipt requested, and such notices shall be deemed delivered immediately in the case of email or within three (3) days if deposited in the U.S. mail with adequate postage.
e. Entire Agreement. These Terms of Service constitute the entire agreement between Client and Popflick regarding the subject matter hereof, and supersede all previous or contemporaneous agreements, understandings, discussions, or representations regarding the subject matter hereof, whether oral, electronic, or in writing.