TERMS OF SERVICE
ACCEPTANCE OF TERMS
Please read the Terms of Service outlined below and understand that when you visit, browse or shop on this Website, you agree to and are bound by the Terms of Service referenced herein and/or available by reference and/or hyperlink, in their entirety. These Terms of Service apply to all users of the Site. Despite whether they are registered or not, any and all visitors to our site, shall be deemed as “users” of the herein contained Services provided within this Terms of Service. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member” also reference herein as “user.” Users also include, without limitation, members, users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to any of these terms, please do not use the Website.
The user agrees that the Services provided and made available through our website and applications, which may include some mobile applications and various social media networking sites or other platforms and downloadable programs, are the sole property of Popcorn Junkie, LLC. At its discretion, Popcorn Junkie, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. The following Terms of Service governs the relationship with our users and others which may interact or interface with Popcorn Junkie, LLC, also known as Popcorn Junkie, located at 595 West Church Street, Suite K, Orlando, FL 32805 and our subsidiaries and affiliates, in association with the use of the Popcorn Junkie website which includes www.mypopocornjunkie.com (the “Website” or “Site”) and its Services provided on the Website. Throughout the site, the terms “we”, “us” and “our” refer to Popcorn Junkie. Popcorn Junkie offers this Website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Nothing in this Agreement shall be deemed to confer any third-part rights or benefits.
This site is designed for individuals above the age of 18 within the United States. To register and become a “member” of the Site, you must be at least 18 years of age to enter into this legally binding Agreement. By agreeing to these Terms of Service, you represent that you are at least 18 years of age without any previous restrictions to access under the laws and statues of the United States or applicable jurisdiction.
It is Popcorn Junkie, LLC’s priority to ensure the safety and privacy of all of its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 supervise their activity on this Site. If you are under the age of 13, you may only use this site with the involvement of a parent or legal guardian and as governed by local laws.
CONDUCT AND PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or any patent, copyright, trademark or other proprietary or intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) impersonate any individual or entity, including, but not limited to, any Popcorn Junkie, LLC officials, (l) forging captions, headings, titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with, or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Popcorn Junkie, LLC herein reserves but is not obligated to, pre-screen, refuse and/or delete any content currently available through our Services. Popcorn Junkie, LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law in compliance with any legal process or enforcement of the Terms of Service.
DMCA Copyright Policy and Copyright Agent
Popcorn Junkie respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s Copyright Agent can be reached at:
Popcorn Junkie, LLC
Attention: Copyright Agent
595 W. Church Street, Suite K
Orlando, FL 32805
Or via our “Contact Us” link found on this Website.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make every attempt to provide current and accurate information on the site. However, we do not guarantee an error free Site. The material on this site is provided for general information only. Please use the “Contact Us”form if you have any questions regarding the contents of the Site. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and utilizing the “Contact Us”link if you have questions or concerns, prior to purchase and use of the site.
MODIFICATIONS TO SERVICES, PRICES, COLOR, IMAGE, AND WEBSITE ACCURACY
The contents of the Website, collectively or in part, such as text, graphics, images, and other material contained on the Website (the “Content”) are for informational purposes only. Certain products or services may be available exclusively at our retail location or exclusively online through the Website. We will make every effort indicate this within the description. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. In addition, due to the handcrafted nature of many of our products, color, shape, size and aspects of the product may vary.
Popcorn Junkie is not responsible for products purchased based solely on personal computer images. Please refer to the full description for each product for details. Our goal is your complete satisfaction. If you are unsatisfied with any item purchased or believe you received the incorrect item, please notify us within three (3) days after receipt using the “Contact Us”link found on our Website and we will seek to satisfy your request in accordance with our Return Policy.
Because of changes in inventory, prices and availability, products and services listed on the site are subject to change without notice. If a product is out-of-stock, we will make every effort to indicate that on the site. However, if for some reason, a product ordered is not available, we will notify you prior to shipping. You will have the option to replace it or cancel that item from your order and your credit card will not be charged.
Unless otherwise noted or authorized, products purchased on this site are for personal use. The sell or resell of products purchased or items provided free (including samples and specials offers), without the prior written approval of Popcorn Junkie is strictly prohibited.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product, specials, sales, offers or discounts, at any time. Any offer for any product or service made on this site is void where prohibited.
Delighting our customers and delivering the highest quality gourmet treats to our customers is our primary concern. If you are not 100% delighted with our gourmet treats, please “Contact Us” and we’ll do what we can to make it right. However, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
BILLING, SHIPPING, TAXES, AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. We are not responsible for missed shipments or lost merchandise due to any inaccurate information you provide during the check out process. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. In order to meet our service and production standards as well as for the protection of our users, we reserve the right, in our sole discretion, to refuse, limit or cancel any order.
We utilize FedEx for shipping. We have chosen to partner with FedEx for shipping because of their proven service track record providing convenient delivery options our customers value. We will make every effort to meet special delivery dates, upon request, however, since we are bound by their delivery commitments and options as well as the unforeseen effects of weather, transportation delays, or other conditions beyond our control, Popcorn Junkie is unable to guarantee delivery dates. Please take this into consideration when planning and ordering. For more detail, please review our Shipping & Return Policy.
If you place an order online, you are responsible for the payment of all applicable sales, use and similar taxes, including out-of-state taxes, not collected at check-out, as well as shipping charges related to the purchase of any products you order. Please consult a qualified tax professional if you have questions regarding your tax requirements and/or liabilities.
THIRD-PARTY LINKS AND OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Popcorn Junkie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Popcorn Junkie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida within the jurisdiction of Orange County, United States.
Questions about the Terms of Service should be sent to us by using the “Contact Us” link on the Website or by direct mail.
Popcorn Junkie, LLC
Attention: Copyright Agent
595 W. Church Street, Suite K
Orlando, FL 32805
Last updated 7/3/17