TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of popadelics.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by popadelics.com upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at [website address]. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on this site is and shall continue to be the property of FUN-GAL SNACKS LLC /DBA/ Popadelics or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
You further acknowledge and agree that the services provided by this website (“Service”) and any necessary software used in connection with any Service ("Software") contain proprietary and confidential information that is the property of FUN-GAL SNACKS LLC /DBA/ Popadelics and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FUN-GAL SNACKS LLC /DBA/ Popadelics or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
5. Trademarks. You acknowledge FUN-GAL SNACKS LLC /DBA/ Popadelics holds exclusive rights in the trademark and service marks “FUN-GAL SNACKS” and “POPADELICS”. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of FUN-GAL SNACKS LLC /DBA/ Popadelics or the party that provided such intellectual property to FUN-GAL SNACKS LLC /DBA/ Popadelics and any party that provides intellectual property to popadelics.com retains all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
6. Site Use. FUN-GAL SNACKS LLC /DBA/ Popadelics grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of FUN-GAL SNACKS LLC /DBA/ Popadelics, and we may terminate your use of this website at any time.
7. Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
8. Indemnification. You agree to indemnify and hold FUN-GAL SNACKS LLC /DBA/ Popadelics and popadelics.com its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
10. Limitation of Liability. FUN-GAL SNACKS LLC /DBA/ Popadelics (popadelics.com), ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FUN-GAL SNACKS LLC /DBA/ Popadelics (popadelics.com) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR FUN-GAL SNACKS, LLC /DBA/ Popadelics (popadelics.com) WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FUN-GAL SNACKS, LLC /DBA/ Popadelics (popadelics.com) AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO FUN-GAL SNACKS LLC /DBA/ Popadelics (popadelics.com) FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
11. Disclosure of Information. FUN-GAL SNACKS LLC /DBA/ Popadelics (popadelics.com) reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
Fun-Gal Snacks LLC
3 Germay Dr.
Unit 4 #2361
Wilmington, DE 19804
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of FUN-GAL SNACKS LLC /DBA/ Popadelics to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by popadelics.com must be in writing and signed by an authorized representative of FUN-GAL SNACKS LLC /DBA/ Popadelics.
16. Modification and Termination of the Website. FUN-GAL SNACKS LLC /DBA/ Popadelics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that FUN-GAL SNACKS LLC /DBA/ Popadelics will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
FUN-GAL SNACKS LLC /DBA/ Popadelics (popadelics.com)
Fun-Gal Snacks LLC
3 Germay Dr.
Unit 4 #2361
Wilmington, DE 19804
4891-8016-3591, v. 1