Terms of Use
This Terms of Use Agreement sets forth the standards of use of the Popvine website. By using the Popvine website you (the User) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right to modify, alter, or update the terms and conditions of this agreement without prior notice at any time. Modifications shall become effective immediately upon being posted at Popvine.com. Your continued use of the site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Disclaimer of Warranties
The site is provided by Popvine on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Popvine makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Popvine shall have no liability for any interruptions in the use of this Website. Popvine disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.Limitation of Liability
Popvine SHALL NOT be liable for any damages whatsoever, and in particular Popvine shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Popvine has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.Indemnification
User agrees to indemnify and hold Popvine, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of user’’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the service using same computer, of any intellectual property or any other right of any person or entity.Modifications and Interruption to Service
Popvine reserves the right to modify or discontinue the Service with or without notice to the User. This includes but is not limited to blocking a User from accessing the site, and editing User comments. Popvine shall not be liable to User or any third party should Popvine exercise its right to modify or discontinue the Service. User acknowledges and accepts that Popvine does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.Third-Party Sites
Popvine.com may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all users to review said privacy policies of third-parties sites.Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Popvine makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Popvine makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.Governing Jurisdiction of the Courts Virginia
Popvine.com is operated and provided in the State of Virginia. As such, we are subject to the laws of the State Virginia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Virginia.Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.Copyright and Trademark Information
Images and excerpts that appear on Popvine.com are copyright their respective owners and Popvine claims no credit for them unless otherwise noted. All other content included or available on this site, including site design, graphics, interfaces, and the selection and arrangements thereof is ©2008 Popvine, with all rights reserved, or is the property of Popvine. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Popvine is strictly prohibited. User agrees that they will not use any robot, spider, or other automatic device, or manual process for any means including but not limited to monitoring or copying our web pages or the content contained therein or intentionally disrupting services without prior written permission of an authorized officer of Popvine. Popvine and Popvine.com are proprietary marks of Popvine. Popvine’’s trademarks may not be used in connection with any product or service that is not provided by Popvine, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Popvine. All other trademarks displayed on Popvine’’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Popvine.Copyright FAQ
Popvine respects the intellectual property of others and has no responsibility for content on other web sites that you may find or access through the service. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites govern your use of that material.If you believe that material or content residing on or accessible through the Popvine website infringes a copyright, please send a notice of copyright infringement containing the following information to support@popvine.com:- Your name, address, telephone number, and e-mail address.
- A description of the copyrighted work that you claim has been infringed.
- The exact URL or a description of each place where alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law.
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’’s behalf.