TERMS OF USE
General - www.poppo.com
These terms and conditions (the "Site Terms") apply exclusively to your access to, and use of, this Web site (the "Site") and do not alter in any way the terms or conditions of any other agreement you may have with Poppo Brands LLC ("Poppo") for products, services, or otherwise.
Access to and use of all or any part of this Site is conditional upon your continued acceptance of and compliance with the following provisions. By continuing to access this Site, you are indicating that you have read, understand, accept and will comply with these Terms of Use. Do not continue to access this Site if you do not agree with any part of these Terms of Use.
1. Privacy Policy
Poppo believes strongly in protecting and maintaining our user privacy. Please refer to our Privacy Policy for information on how Poppo collects and uses information from users of the Site.
2. Limited License
Poppo grants you a limited license to make personal use only of the Site. Such license is subject to the Site Terms and does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or any information contained on the Site, except as expressly permitted on the Site; or (f) any use of the Site other than for its intended purpose. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, or proprietary right of Poppo or any third party.
3. Copyright
Unless otherwise indicated, all Site materials and content, including, without limitation, the Poppo logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Poppo or its licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Site -- including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance -- without the prior written permission of Poppo is strictly prohibited. Poppo respects the intellectual property of others, and we ask our users to do the same. Poppo may, in appropriate circumstances and at its own discretion, limit access to this Site and or terminate the accounts of any users who infringe the intellectual property rights of others.
4. Copyright Complaints
If you believe that any material on this Site infringes upon any copyright which you own or control, or that any link on this Site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Please see our Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement.
5. Trademarks
PoppoTM, the Poppo logo, and any product or service name or slogan contained in this Site, are either trademarks or registered trademarks of Poppo and its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Poppo. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Poppo, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Poppo. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
6. Hyperlinks
You are granted a limited, non-exclusive right to create a hyperlink to this Site for noncommercial purposes provided such link does not portray Poppo or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any Poppo trademark, logo, or other proprietary information, including the images found at this Site, the content of any text, or the layout/design of any page or form contained on a page without Poppo's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Poppo or any third party. Poppo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of Web sites accessible by hyperlink from this Web site or Web sites linking to this Web site. The linked sites are not under the control of Poppo and Poppo is not responsible for the contents of any linked site or any link contained in a linked site or any review, changes, or updates to such sites. Poppo is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Poppo of the site or any information contained therein.
7. Indemnification
You agree to defend, indemnify, and hold harmless Poppo, its independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any third-party claim, damages, costs, and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Poppo Site, including, without limitation, any actual or threatened suit, demand, or claim made against Poppo and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these Site Terms, or your violation of the rights of any third party.
8. Disclaimer
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. POPPO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. POPPO DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. POPPO DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Poppo reserves the right to change any and all content contained on this Site at any time without notice. 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 Poppo.
9. Limitation of Liability
IN NO EVENT SHALL POPPO, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES 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 THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, INCLUDING, WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM POPPO, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, 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 POPPO'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF POPPO (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 POPPO'S WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO POPPO FOR ACCESS TO OR USE OF THIS WEB SITE.
10. Termination
Notwithstanding any of these Site Terms, Poppo reserves the right, without notice and in its sole discretion, to terminate your license to use this Site and to block or prevent future access to and use of this Web site.
11. Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
12. Questions & Contact Information
Questions or comments about Poppo's Site may be directed to Poppo Brands LLC at service@poppo.com, or you may also write to us at:
Poppo Brands LLC
Attn. Webmaster
PO Box 3046
Beverly, MA 01915 |
