The following terms and conditions govern all use of the PopcornSound.com website and all content, services and products available at or through the website (collectively, the “Website”).

The following terms and conditions govern all use of the PopcornSound.com website and all content, services and products available at or through the website (collectively, the “Website”). The Website is owned and operated by PopcornSound LLC (“PopcornSound”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PopcornSound’s Privacy Policy) and procedures that may be published from time to time on the website by PopcornSound (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PopcornSound, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and

   • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

2. By submitting Content to PopcornSound for inclusion on the Website, you grant PopcornSound a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. Without limiting any of those representations or warranties, PopcornSound has the right (though not the obligation) to, in PopcornSound’s sole discretion (i) refuse or remove any Content that, in PopcornSound’s reasonable opinion, violates any PopcornSound policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PopcornSound’s sole discretion.
3. Responsibility of Website Visitors. PopcornSound has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, PopcornSound does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PopcornSound disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which PopcornSound.com links, and that link to PopcornSound.com. PopcornSound does not have any control over those non-PopcornSound websites and webpages, and is not responsible for their contents or their use. By linking to a non-PopcornSound website or webpage, PopcornSound does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PopcornSound disclaims any responsibility for any harm resulting from your use of non-PopcornSound websites and webpages.
5. Copyright Infringement and DMCA Policy. As PopcornSound asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PopcornSound.com violates your copyright, you are encouraged to notify PopcornSound in accordance with PopcornSound’s Digital Millennium Copyright Act (“DMCA”) Policy. PopcornSound will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PopcornSound will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PopcornSound or others.
6. Intellectual Property. This Agreement does not transfer from PopcornSound to you any PopcornSound or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PopcornSound. PopcornSound, PopcornSound.com, PopcornSound.com logo, and all other trademarks, service marks, graphics and logos used in connection with PopcornSound.com, or the Website are trademarks or registered trademarks of PopcornSound or PopcornSound’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PopcornSound or third-party trademarks.
7. Database Compilation. In accessing and using the Website, you acknowledge and agree that the selection, arrangement or coordination of the data and information provided on the Website constitutes a compilation subject to copyright protection under the Copyright Act of 1976, and that your unauthorized use of such data and information would constitute copyright infringement. You expressly acknowledge that your publishing any data or information collected, scraped or downloaded from the Website constitutes copyright infringement and will subject you to all the remedies available at law or equity.
8. Automated Data Collection; Data Scraping. The use of automated systems ("bots" or "bot") to crawl the PopcornSound.com website is not permitted without prior authorization except for commonly recognized search engines that restrict the use of their data to providing search results which direct the user to the Website. Without PopcornSound’s express written consent, you agree not to use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material, data or information on the Website or use any manual process to monitor or copy any of the material, data or information on the Website. All bots must respect the restrictions found in robots.txt. Failure to abide by these terms may result in immediate ban, report of abuse to your ISP, and full relief under the law. If you'd like to incorporate some or all of the PopcornSound.com dataset into your own website or application, an api is available.
9. Changes. PopcornSound reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PopcornSound 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 be subject to the terms and conditions of this Agreement.
10. Termination. PopcornSound may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PopcornSound.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. The Website is provided “as is”. PopcornSound and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PopcornSound nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will PopcornSound, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PopcornSound under this agreement during the twelve (12) month period prior to the cause of action. PopcornSound shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the PopcornSound Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless PopcornSound, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
15. Governing Law; Class Action Waiver. This Agreement constitutes the entire agreement between PopcornSound and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PopcornSound, or by the posting by PopcornSound of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any controversy between the parties arising out of this Agreement shall be submitted to the American Arbitration Association for arbitration in San Francisco, California. If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, with the mediation to be held in San Francisco, California. The parties further agree that any unresolved controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Depositions shall be limited to a maximum of three per party and shall be held within thirty days of the making of a request for arbitration. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of six hours duration. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration. Any award in an arbitration initiated under this Section 15 shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND POPCORNSOUND AGREE THAT EACH MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.