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Terms and Conditions

Welcome!

This Site/Service is owned and operated by Digital Media Convergence Limited (hereinafter referred to as "MYPOPKORN", "WE", "US", OR "OUR", "myPOPKORN.com") and brought to you ("you" , "member") subject to the terms and conditions contained herein. By accessing this service you agree to use this Service in a manner consistent with and abide by and be bound by the Terms of Use ("Terms").
You further agree and acknowledge that you are legally eligible to enter into this Agreement.

1.Acceptance of Terms:

  • Your use of this service is subject to your compliance with the terms set forth herein. By accessing this service you consent to be bound by and abide by these terms and conditions. These terms and conditions apply to all users of this Site/Service including users who contribute/share their content on this Site/Service. You are advised to please read them carefully, before using these services. In the event if at any time any of the Terms are not acceptable to you, you are advised not to use this service. These terms are subject to change from time to time at the sole discretion of MyPopkorn.com . You are advised to review these Terms from time to time.

    • 2.Modification /Termination of Service:

  • MyPopkorn.com reserves the right to modify and alter the services or any component or part thereof at any time at its sole discretion without any notice to you. MyPopkorn.com, in it sole discretion reserves the right to terminate this Service at any time for any reason without prior notice and without any liability to you or any third party.

    • 3.Membership:

  • To access this Service you need to register as a member. Every Member needs to furnish required information as prompted by the system/service and undertakes to provide accurate, complete and updated information. You are solely responsible for the security and confidentiality of password of your account. You shall be solely liable for all use of your account, including any unauthorized use of your account by any third-party. MYPOPKORN reserves the right to terminate the membership without any intimation to you, in the event the information provided by you is found to be incorrect, inaccurate or incomplete. Membership is non-transferable. MYPOPKORN reserves the right, in its sole discretion to refuse and/or cancel your registration without any prior intimation. Any information that you supply to us will be governed by the terms and conditions of MyPopkorn.com's Privacy Policy which is incorporated herein by reference.

    • 4.Service Offered:

  • 4.1. This platform facilitates you to contribute/upload, tag, access videos, photos, images, audio files or any combination thereof ("Content") owned or created by you or for which you own the rights.

  • 4.2. The search result displayed on this Site is based on the automated indexing by MyPopkorn.com's computer systems of content uploaded/contributed by the users.

  • 4.3. MyPopkorn.com cannot monitor or verify the search results displayed through this Service for any objectionable, unlawful, illegal or unauthorized content and assumes no responsibility for the content accessed/uploaded through this Service.

  • 4.4. This service also enables you to upload the content once you are logged into the service by using your account. You will also be able to send and receive the comments/feedback and participate in various interactive elements provided within the Service for the content contributed by you or other users. By uploading the content you agree to share your content with others and make it available in public domain and can be accessed by any one from anywhere and MyPopkorn.com is under no obligation to maintain the confidentiality of the said content posted by you.

    • 5.Members conduct and Intellectual Property Rights:

  • 5.1.You shall be solely responsible for any and all activity happening through your account.

  • 5.2. The search result displayed on this Site is based on the automated indexing by MyPopkorn.com's computer systems of content uploaded/contributed by the users.

  • 5.3. You retain the ownership of the content contributed by you into this Service. However, by posting/ uploading the content you are granting MyPopkorn.com , its subsidiaries, affiliates, MYPOPKORN users a non-exclusive, royalty free, perpetual, worldwide, transferrable rights to use the content uploaded/posted by you including without limitation the right to adapt, copy, embed, link create derivative works based on, distribute, transmit, cache, archive, index, host, crawl, transcode, publicly display, publicly perform, reproduce, alter, edit, delete, format, translate, store, remix, view, sublicense your content, without compensation to you or any other provider of the content in any media format or medium through any media channels. You also permit any user/anyone to access, display, view, the content for personal use.

  • 5.4. MyPopkorn.com does not claims any ownership in the content posted by you including without limitation the feedback and suggestions provided.

  • 5.5.You may upload and share your content, share your views, feedbacks and suggestions – this should not be done at the cost of hurting the feelings of anyone.

  • 5.6. You agree and undertake that you shall not post/upload any audio/video/images/photos/content/material that is:

  • 5.6.1. copyrighted content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;

  • 5.6.2. violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.

  • 5.6.3. false, misleading, unlawful or with the intent to defraud, harass, abuse, intimidate, accuse, impersonate or harm the feelings of anyone;

  • 5.6.4. illegal, obscene, pornographic, vulgar, provocative, defamatory, indecent, libelous, racist, hateful, threatening, impersonating, enticing of minors, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses is an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality;

  • 5.6.5. promotes or provides any instructional information about illegal activities;

  • 5.6.6. Upload or post any content/material that contain software viruses or codes or programs that would interrupt, destroy or limit the functionality of this Site/Service or any software, network, servers, hardware or any other related equipment.

  • 5.6.7. violate any applicable laws or regulations.

  • 5.7. Certain of the names, logos, and other materials, graphics and content (except all the content submitted by the you/other Users) on this site constitute the trademarks, proprietary trademarks and trade names of the MyPopkorn.com and the respective third parties or are the copyrighted work owned by MyPopkorn.com and the respective third parties as per the notices displayed therein respectively. You are prohibited to use any such marks.

  • 5.8. The information/content provided on this site is intended for personal non-commercial use. You agree and undertake not to use, copy, reproduce, distribute, display, broadcast, sale, license or otherwise exploit for any purpose any content without the prior written consent of the respective rightful owners. In the event you copy/download or remove print of any content you must retain all proprietary, copyright and security notices contained therein and shall not circumvent, disable or remove any of the aforesaid notices.

  • 5.9. Use of this Site/Service is permitted solely for your personal and non-commercial purpose. You agree not to solicit for any commercial purposes any users of the Website with respect to the content submitted on this Site. You agree that you will not alter, modify, reverse engineer, copy, mirror the Website or any part thereof or use this service for any purpose, a purpose that is unlawful or prohibited including without limitation unauthorized framing of or linking of the Website.

  • 5.10. You shall not use/launch any automated system including but not limited to robots, spiders, offline readers, etc. that access this Site/Services for spamming.

  • 5.11. You understand and acknowledge that the content posted on this Site can be copied by use of spiders and made available by such third party search engines solely for the purpose of providing publicly the searchable indices of the content but not caches or achieves of such content.

  • 5.12. You must use the Service in a manner consistent with any and all applicable local, state, Indian and International law and such other applicable laws, rules and regulations. Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the MYPOPKORN Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

  • 5.13. You expressly agree and undertake that you shall be solely responsible for your conduct and access to this Website/service including but not limited to the consequences of posting/uploading of the content. and you expressly relieve MyPopkorn.com from any loss, claim, liability and damages that may arise in connection with your use of this Service.

    • 6.MyPopkorn.com Reserves the following Rights:

  • 6.1. MyPopkorn.com is under no obligation to monitor or review the user contributed content. MyPopkorn.com assumes no responsibility for the content, no obligation to modify or remove any inappropriate messages/content and no responsibility for the conduct of any user of this service. However, MyPopkorn.com reserves the right to review the content posted and to remove any content in its sole discretion.

  • 6.2. MYPOPKORN reserves the right to moderate the content uploaded by you or any other user for any obscene/vulgar/pornographic images, videos, photographs, pictures, material or content.

  • 6.3. In the event that MyPopkorn.com receives a complaint that the contents posted by you infringe intellectual property rights or are otherwise unlawful, MyPopkorn.com shall request written substantiation of the complaint from the complaining party. As such, MyPopkorn.com will require substantiation of proof of ownership in the form of a trademark, service mark, patent or copyright registration and will take such steps that it believes to be appropriate under the circumstances.

  • 6.4. MyPopkorn.com does not permit or authorize infringement of intellectual property rights and reserves the right to remove the content without any prior intimation, upon proper notification that such member uploaded content infringes the intellectual property rights including the copyright of the rightful owner.

  • 6.5. MyPopkorn.com reserves the right to terminate your access to the services at any time without any notice, without any liability, for any reason whatsoever, including if MyPopkorn.com believes that you have violated or acted inconsistently with the spirit of these Terms. However, the provisions of Sections 5, 6, 7, 8, 9, 11 and 13 shall survive any such termination.

  • 6.6. MyPopkorn.com reserves the right to release current or past member information that MyPopkorn.com believes is in violation of the terms of service or privacy guidelines, or used to commit unlawful acts, or if the information is subpoenaed, or a request is received from the law enforcement agencies or a court order and/or if MyPopkorn.com deems it necessary and/or appropriate.

  • 6.7. MyPopkorn.com reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the Government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.

  • 6.8. Member understands the Service is advertising supported and you grant MyPopkorn.com the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, MyPopkorn.com may itself use the members individual Registration Data to provide targeting of advertisements and other Service offers.

    • 7.Notice of Infringement:

    If you are the rightful owner of the content, and have the reason to believe that any content that has been uploaded/contributed through this Service is in infringement of your rights, then either you or any person/entity authorized by you can intimate the same to MyPopkorn.com in the following manner:

  • 7.1. A physical or an electronic request identifying the content alleged to be in infringement of rights of the rightful owner;

  • 7.2. Identification and description of the content that is to be removed or access to which is to be disabled;

  • 7.3. A declaration cum undertaking that you are the rightful owner of the content and that your agent is duly constituted and authorized and has all the requisite powers to act for and on your behalf and that the information in the notification is true, complete and accurate and that MyPopkorn.com shall not be liable for any loss or damage or claim for relying upon the said notification.

  • 7.4. Contact information including address, telephone number, email address, etc. where you or your agent can be contacted if required.


    • You can Notify MyPopkorn.com at:
    Corporate Office:
    Madhu Industrial Estate, Ground Floor, P B Marg,
    Worli, Mumbai - 400 013.
    Maharashtra - INDIA

    Ph: +91-22-4077 6767
    Fax: +91-22-4077 6767
    Mob: +91 9833701020
    Email: contactus@mypopkorn.com

    8.Indemnity:

  • You agree to indemnify and hold harmless MyPopkorn.com , its affiliates, its employees, directors, officers, agents, and their successors and assigns from and against any and all civil, criminal and other liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising from or in connection with the contents posted/uploaded by you including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, violation of these terms and conditions and infringement of intellectual property or other rights including but not limited to proprietary rights.

    • 9.Disclaimer and limitation of liability:

  • Members expressly agree and acknowledge that the use of the service is at their sole risk. The service is provided on an "as is" and "as available" basis. MyPopkorn.com expressly disclaims all warranties of any kind, whether express or implied. MyPopkorn.com makes no warranty that the services will meet the member's requirements, or the services will be uninterrupted, timely, secure, or error free; nor does MyPopkorn.com make any warranty as to the results that may be obtained through the service or that defects in the software will be corrected. Member understands and agrees that any content and/or data downloaded or otherwise obtained through the use of the service is done at the member's own discretion and risk and member will be solely responsible for any damage to their computer systems or loss of data or loss to any property that results from the use of this Site or Service.

  • MyPopkorn.com does not endorse in anyway any content/ materials or the expression of the members. MyPopkorn.com shall neither be responsible nor liable for any consequential damages arising on account of the member relying on the contents. MyPopkorn.com shall not be liable for any direct, indirect, incidental, special, punitive or consequential loss, damages or for interrupted communications, lost data or lost profits arising out of or in connection with this service, even if MyPopkorn.com has been advised of the possibility of damages, or inability to use the MYPOPKORN sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the MYPOPKORN sites/services, or otherwise arising out of the use of the MYPOPKORN sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if MyPopkorn.com or any of its suppliers has been advised of the possibility of damages. MyPopkorn.com does not endorse in anyway any advertisers/ contents of advertisers on its web pages including this Service.

  • Please therefore verify the veracity of all information/content on your own before undertaking reliance and actioning thereupon. MyPopkorn.com shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents posted through the Services or any advertisement.

  • MyPopkorn.com has made this service available to you as a matter of convenience. MyPopkorn.com expressly disclaims any claim or liability arising out of your accessibility to this service, including but not limited to posting/uploading of any content that is obscene, vulgar or pornographic, or altering or distorting the content available under this service in an obscene, vulgar or pornographic manner or violating any rights including the intellectual property rights of any third party. Some jurisdictions do not allow the limitation of liability so some of the above limitations may not apply to you.

    • 10.Privacy Policy:

  • All information provided by you or collected by MyPopkorn.com during your access to this service is governed by our Privacy Policy which is hereby incorporated into these Terms by this reference.

    • 11.Notices and communication:

  • You consent to receive the notices and communication from the Service by email or posting on this Website.

    • 12.Miscellaneous:

  • If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement along with the MyPopkorn.com Privacy Policy and disclaimer constitutes and forms the entire agreement between the user and MyPopkorn.com with respect to these services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MyPopkorn.com with respect to the sites/services. MyPopkorn.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

    • 13.Jurisdiction:

  • This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the MYPOPKORN sites/services. Use of the MYPOPKORN sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold MyPopkorn.com , its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MYPOPKORN sites/services. MyPopkorn.com 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MYPOPKORN 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MYPOPKORN sites/services or information provided to or gathered by MyPopkorn.com with respect to such use.

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