PopSecret.com & PopSecretLabs.com
Terms & Conditions
Site Information and General Disclaimer
Each of these sites (the “Site”) is owned, operated, and maintained by Diamond Foods, Inc., maker of Pop Secret popcorn ("Pop Secret" or “we”) and was created for your personal information and enjoyment. Your use of this Site and the information on this Site is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Pop Secret reserves the right to modify these terms and conditions without notice. Your use of this Site is subject to the most current version of the terms and conditions posted on the Site at the time of such use. Your use and browsing of this Site constitutes your acceptance, without limitation or qualification, of these rules. Pop Secret makes no representations or warranties regarding the accuracy, reliability, or completeness of the material on this Site. To the extent permissible by law, Pop Secret disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In addition, Pop Secret does not warrant that this Site or the server that makes it available are free of computer "viruses."
License to the Site
Pop Secret grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms & Conditions. You shall not interfere or attempt to interfere with the operation or use of Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms & Conditions.
Changes to Site and/or Terms of Service
Pop Secret reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these Terms & Conditions, in whole or in part, at any time without further notice. The most current version of these Terms & Conditions will be available on the Site and will supersede all previous versions of these Terms & Conditions. Should you object to any such changes, your only recourse is to immediately discontinue use of the Site.
Links to Other Sites
For your convenience, Pop Secret may provide links to other Internet Sites which are completely independent of Pop Secret. However, Pop Secret does not control or endorse these Sites and is not responsible for the content of any linked Site. By accessing any link from this Site, you do so entirely at your own risk.
Intellectual Property Rights: Copyrights and Trademarks The Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the "Material") that relates to the Site (other than and except for "User Content" as defined herein) are owned by or licensed by Pop Secret or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by Site host, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Pop Secret or such third party that may own the Material or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that Pop Secret will aggressively enforce its rights to the fullest extent of the law. The absence of a product name or logo from this list in no way constitutes a waiver of Pop Secret’s intellectual property rights. Pop Secret may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
The Site may contain links to third party websites or resources, which may or may not be obvious ("Third Party Sites") as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, "Third Party Applications, Software or Content"). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
If you post content or communicate with users of the Site (“User Content”) you should be aware that that content and any personal information contained in that content will be visible to all visitors to the Site. You should also be aware that any information that is made public on the Site may be searchable by other search engines. In addition, even if that content is later removed from the Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, exercise caution when posting personal information to the Site.
By posting and reading User Content on the Site, you should be aware that you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any User Content, nor do we endorse such User Content. We do not verify the identity of people using the Site. You use the Site and User Content at your own risk. We reserve the right, but not the obligation, to review all postings prior to submission to the Site and to remove any content for any reason, at any time, without prior notice, in our sole discretion.
POSTING OF USER CONTENT REQUIREMENTS
All content that you post to the Site must comply with these Terms and these Posting of User Content Requirements. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person who assisted you in the creation of that content or any person shown in a photo or video that you upload or identified in any writing that you post. You represent, warrant and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the Site any material which:
- Is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
- Contains any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
- Contains any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
- Contains any materials that constitute spam (sending the same message multiple times or to multiple people will be treated as spam);
- Is a solicitation or advertisement for any commercial product or activity;
- Encourages behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct;
- Restricts or inhibits any other user from using the Site or contains a virus or other harmful component;
- Violates any local, state, federal or international laws or gives rise to civil liability;
- Violates or infringes any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- Imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site;
- Is a chain letter, or constitutes junk mail;
- “spoofs” (using of any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site);
- Uses or possesses programs to “crack” passwords or other Internet security tools;
- Engages in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our judgment, exposes Pop Secret or any of its customers or suppliers to any liability or detriment of any type.
We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these Terms.
We reserve the right (but are not obligated) to do any or all of the following:
- Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication.
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
- Terminate a user's access to the Site upon any breach of these Terms.
- Edit or delete any communication posted on the Site, regardless of whether such communications violate these standards.
Pop Secret, or its licensees, has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
USER LICENSE OF RIGHTS
By submitting content to the Site, you grant to Pop Secret, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Pop Secret, it officers and affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that any of them may incur in connection with a third party claim, or otherwise, arising out of or in connection with the materials you submit, post or make available through your use of the Service or Site, your violation of the Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity. We have the right to view and monitor any content posted to this Site and we reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of Pop Secret, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve the Site and the experience of our users.
Restrictions of Liability
Your use of this Site is at your own risk. Everything provided to you on this Site is "AS IS" without warranties of any kind, either express or implied. Pop Secret shall not be liable for damages of any kind, including without limitation, special, punitive, incidental, indirect, or consequential damages, arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the content hereof whether or not Pop Secret has been advised of the possibility of such damages, and on any theory of liability. In addition, Pop Secret is under no obligation to update this Site or its content and shall not be liable for failure to update such information. Pop Secret is not liable in any way for use of links to other Sites. The above limitations do not apply in jurisdictions that prohibit limitation or exclusion of liability for consequential, incidental damages or implied warranties.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America and the State of California, without giving effect to its conflicts of law principles. By using this Site, you agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the Federal or State courts located in the State of California and you agree to submit to the jurisdiction of such courts. By using this Site, you agree to indemnify, defend, and hold harmless Pop Secret from and against any and all claims, damages, liability, costs and/or expenses, including attorneys' fees, arising from or relating to your use of this Site or its content. If any provision of these terms and conditions shall be unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. The headings used in the Terms and Conditions are for convenience only; they are not to be used in determining the meaning or interpretation of these rules. If any clause or provision set forth in these rules is determined to be illegal, invalid or unenforceable under present or future law, then it shall be severable without affecting the enforceability of all remaining clauses or provisions.
Pursuant to 47 U.S.C. Section 230(d), as amended, Pop Secret hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at here.
Please note that Pop Secret does not endorse any of the products or services listed at such Site.
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