By using this website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Website terms of conditions of use. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Website terms and conditions on such entity's behalf, and that such entity agrees to indemnify Popcorn InfotechPvt Ltd for violations of these Website terms and conditions.
Popcorn Infotech Pvt Ltd may revise and update these TOU at anytime and without notice. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes and you would be bound by the amended TOU.
1. OWNERSHIP OF THE SITE AND ITS CONTENTS
THIS SITE IS OWNED, HOSTED AND OPERATED BY "POPCORN INFOTECH PRIVATE LIMITED" (HEREINAFTER REFERRED TO AS "POPCORN INFOTECH"). Unless otherwise indicated, all the Content featured or displayed on the Website, including, but not limited to, photographic images, text, graphics, layout of the Website, Layout and content of Emails, Layout and content of Proposals, sound, illustrations, software, trade dress, trademarks, patents, and the selection and arrangement thereof ("Popcorn Infotech Content"), is owned by Popcorn Infotech, its affiliates, subsidiaries, its licensors, contributors, or its third-party image partners.
2. USE OF THE WEBSITE
This Website and Popcorn Infotechcontent are intended for customers of Popcorn Infotech. You may not use this Website or the Popcorn Infotech content for any purpose not related to your business with Popcorn Infotech’s content. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or Popcorn Infotech content without, or in violation of, a written license or agreement with Popcorn Infotech; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Popcorn Infotech content by using framing, linking, meta-tag or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Popcorn Infotech content product or service if you are not expressly authorized by such party to do so; (e) using the Website or the Popcorn Infotech content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, publicity and privacy laws, moral rights, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, copyright, trademarks, patent, privacy, and the transmission of technical data exported from India or the country in which you reside. You further warrant that you will not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You are allowed to use this Website only for lawful purposes and activities.
3. REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the Website, you agree to: (a) provide correct, accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Popcorn Infotech, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Popcorn Infotech immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities from your account; and (f) accept all risks of unauthorized access to the registration Data and any other information you provide to Popcorn Infotech.
4. INTELLECTUAL PROPERTY RIGHTS
Popcorn Infotech is the sole owner and lawful licensee of all the rights to the Website and its Content. All materials on this Website, including, but not limited to design, layout, images, text, graphics, sound, video, trade-dress, trademarks, patents (Popcorn Infotech Content) are the property of Popcorn Infotech and are protected by all the applicable laws, including, but not limited to copyright, trademark, trade-names, patents, internet domain names, data protection, IT Act, privacy and publicity rights and other similar rights and statutes. Use of any Popcorn Infotech content without the express written permission and license to use is strictly prohibited. All title, ownership and intellectual property rights in the Website and its Content shall remain with Popcorn Infotech, its affiliates or licensor's, as the case may be and does not pass on to you or your representatives.
Popcorn Infotech, its licensors, its image partners and contributors, as the case may be, own all copyrights in the represented images on the Website. No ownership in any represented images shall to anyone accessing this Website and using the Content. You shall not remove any copyright or other proprietary rights notice contained in the represented Images, any related promotional materials provided on this Website. Popcorn Infotech prohibits any Content or any other material that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Website.
Popcorn Infotech respects the intellectual property rights of others, and we expect our user(s) to do the same. Popcorn Infotech is not an expert in your intellectual property rights, and we cannot verify that the users and contributors to the Website have rights to the Content posted by them. If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our legal department as set forth below:
Popcorn Infotech Private Limited
809, The Summit Business Park,
Andheri Kurla Road, Andheri East
Mumbai – 400093, Maharashtra
Email : firstname.lastname@example.org
Popcorn Infotech may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user's e-mail address and may also remove the infringing content uploaded by the user. In the event, Popcorn Infotech is not removing the said Content; Popcorn Infotech is not endorsing the sale of any such content.
Infotech is the exclusive owner and holder of Popcorn Infotech Trademarks, Images and content of website, www.popcorninfotech.com, or any other trade names, trademarks, logos or service marks and any other slogan or design contained in the Website and otherwise used in trade (''Popcorn Infotech Marks''). Popcorn Infotech Marks shall remain the sole property of Popcorn Infotech, its affiliates and subsidiaries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Popcorn Infotech or the applicable trademark holder. You are not allowed to use, register, or assist others in using or registering any trademarks, trade names, logos, internet domain names, or any mark or name confusingly similar to Popcorn Infotech Marks without prior written consent of Popcorn Infotech. You will not now or in the future contest the validity of Popcorn Infotech Marks nor will oppose or assist others in opposing any registration of any of the Popcorn Infotech Marks. You are not allowed to use any Popcorn Infotech Marks in connection with any of your Works. All goodwill accruing to the Popcorn Infotech Marks shall belong to Popcorn Infotech. You agree not to use Popcorn Infotech Marks in any manner that might tarnish, disparage, or reflect adversely on such trademarks or Popcorn Infotech. You agree not to use any Popcorn Infotech Marks or any variant thereof including misspellings as a domain name or as part of a domain name regardless of the top-level domain, or as a meta-tag, hidden text, keyword, or any other type of programming code or data. You cannot at any time, adopt or use, without Popcorn Infotech’s prior written consent any word or marks which is similar to or likely to be confused with Popcorn Infotech Marks. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Popcorn Infotech and may not be copied, imitated or used, in whole or in part, without Popcorn Infotech’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5. LIMITATION OF LIABILITY AND DISCLAIMER
THIS WEBSITE AND POPCORN INFOTECH CONTENT ARE PROVIDED "AS IS" AND POPCORN INFOTECH AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. POPCORN INFOTECH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR POPCORN INFOTECH CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT POPCORN INFOTECH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE POPCORN INFOTECH CONTENT. POPCORN INFOTECH MAKES NO WARRANTY THAT THE WEBSITE OR CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Popcorn Infotech uses reasonable efforts to ensure the accuracy, correctness and reliability of the information and Content, but Popcorn Infotech makes no representations or warranties as to the Content posted by the User(s) as to its accuracy, correctness, reliability and any other irregularity.
IN NO EVENT SHALL POPCORN INFOTECH, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, POPCORN INFOTECH IMAGE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSES THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM POPCORN INFOTECH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO POPCORN INFOTECH’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF POPCORN INFOTECH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO POPCORN INFOTECH FOR ACCESS TO OR USE OF THE WEBSITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
You agree to indemnify and hold Popcorn Infotech, its affiliates, subsidiaries and their respective directors, employees, officers and agents harmless against all claims or liability asserted against Popcorn Infotech arising out of or in connection with any breach by you or anyone acting on your behalf of any of the Terms and Conditions of this Agreement. You shall defend, indemnify and hold Popcorn Infotech, its affiliates, subsidiaries and their respective directors, employees, agents and officers harmless from all damages, liabilities and expenses (including reasonable attorney's fees and permitted and authorized costs) arising out of breach of this Agreement as a result of claims by third parties relating to your use and act relating to this Agreement or any breach of this Agreement. Such indemnification is in addition to Popcorn Infotech’s right to terminate for a breach of the representations and warranties and is not a waiver or limitation of Popcorn Infotech’s other rights or remedies.
7. GOVERNING LAW AND JURISDICTION
Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter the "Disputes") shall be resolved amicably in the first instance. The Parties agree to meet to resolve such dispute in good faith. Should such a solution not be reached, within  days from the date of commencement of the dispute, difference or disagreement or such longer period of time as may be mutually agreed by the Parties in writing, such dispute, difference or disagreement shall be referred to Arbitration and shall be finally resolved through arbitration conducted by a tribunal of sole arbitrator, appointed by Popcorn Infotech. The Arbitrator shall pass a speaking award. Any order/directions/awards of the majority of the tribunal shall be final and binding on both the parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules there under as at present in force. The seat of arbitration shall be Mumbai, India. The arbitration shall be administered in accordance with its practice, rules and regulations. If the award passed in the Arbitration proceeding is not acceptable to any of the Party, then the Party is free to approach the appropriate court of law as agreed herein below. This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws principles or rules. The courts at Mumbai, India shall have exclusive Jurisdiction.
Notwithstanding any of these Website terms and conditions, Popcorn Infotech reserves the right, without notice in its sole discretion, to terminate your account and/or block your use of the Website. Upon termination, you must destroy and cease to use all materials obtained from this Website, copies and related documentation thereof with immediate effect.
9. REMEDY FOR BREACH
You agree that any breach of this Agreement by you or your representatives would cause Popcorn Infotech irreparable harm, injury, loss and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies Popcorn Infotech may have at law or in equity, Popcorn Infotech shall be entitled to injunctive and other equitable relief in the event of any such breach of this Agreement by you or your representatives.
If one or more of the provisions contained in this Agreement is found to be invalid, illegal or enforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
No action of Popcorn Infotech, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Popcorn Infotech of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. Any rights not expressly granted herein are reserved.
12. POPCORN INFOTECH REVERVES
Popcorn Infotech reserves the right to change any terms and conditions contained in this Agreement or any policy or guideline of the Website, at any time and in its sole discretion. Your continued use of the Website following the posting of such changes will constitute your acceptance of such changes.