Terms of Use

Legal

TERMS OF USE – POPOVER GAMES, INC.

1. BINDING EFFECT. This is a binding agreement between Popover Games, Inc. (“Popover”) and you (“you”). By using the Internet site located at popover.com (“Site”) or by using any of popover’s games or applications (“Service”), you agree to abide by these Terms of Use, as they may be amended by Popover from time to time in its sole discretion. Popover will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY AND ACCOUNT INFORMATION. Popover respects your privacy. A complete statement of Popover’s current privacy policy can be found by clicking here. Popover’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time or allow others to use your account, user name or password. You are responsible for actions taken through your account, even if those actions were not taken by you. You agree to monitor your account to restrict access to your account or use of the Service by anyone under the age of 13. If one or more minors access the Service through your account, you shall be responsible for any use of the Service by minors including use of your credit card or other form of payment by minors. You agree to notify Popover immediately on any unauthorized use of your account, user name, or password. Popover shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Popover, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You acknowledge and agree that you have no ownership or other equitable or legal interest in your account, rating, or player cards. All rights in your account shall be owned by and inure to the benefit of Popover. Popover reserves the right to terminate any account that has been inactive for more than one hundred eighty (180) days. Popover may terminate your account without notice for any reason, including an alleged or suspected violation of these Terms of Use. Popover may also redact, remove, garnish or limit features of the Software, Site or Service in its sole discretion without liability to you.

3. LIMITED LICENSE. Popover may make certain software or services available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”), the Service and the Site are deemed to be licensed to you by Popover, for your personal, noncommercial, home use only. Subject to your agreement to these Terms of Use, Popover grants you a personal, non-exclusive, non-transferrable, non-sub-licensable, revocable, limited scope license to use the Site, Software and Service. Company does not transfer either the title or the intellectual property rights to the Software, Site or Service and Popover retains full and complete title to the Software, Site and Service as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Popover or its licensors and you may not copy or use them in any manner. If you violate any part of these Terms of Use, your license to use of Software, Site or Service shall immediately cease.

4. USER CONTENT. You grant Popover a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Popover, its affiliates, officers, directors, employees, consultants, agents, and representatives a royalty free, irrevocable license to use User Content in connection with the operation of the business of Popover, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat or create derivative works of User Content. You will not be compensated for any User Content. You agree that Popover may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Popover may or may not regulate User Content and as a result, does not warrant or guaranty that any accuracy, quality or integrity of said User Content. By using the Service, Site or Software, you acknowledge that you may be exposed to material and content you may find offensive and objectionable. Popover will not be liable, under any circumstances for any User Content. Popover reserves the right (but is not obligated to) to remove any User Content from the Service, Site or Software. If a user submits unsolicited ideas to Popover,

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service or Software, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service, Software and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account information. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. Popover retains all rights in the Software, Site and Service. The entire content of the Site, Service and Software are protected by applicable law regarding the protection of intellectual property and other proprietary rights. You shall not, nor shall you cause or assist any other party, to modify, disassemble, reverse engineer, copy, transfer, rent, sub-license, frame, scrape, republish, transmit, lease or sell, create derivative works of popover’s Software, Site or Service without Popover’s express written permission.

6. INAPPROPRIATE CONTENT AND USAGE. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Popover reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Popover intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. VIRTUAL GOODS. Through your use of the Service, Software or Site, Popover may give you an opportunity to purchase an in-game license to use (i) virtual gold coins, silver coins, or chips ( hereafter “Virtual Currency”) and (ii) virtual chattel that represent real world items or services (hereafter “Virtual Items”). Collectively, Virtual Currency and Virtual Items shall be known as Virtual Goods. Accordingly, you acknowledge that you have no right or title to any content provided by Popover through the Site, Service or Software, including Virtual Goods, whether received for free, purchased, or earned through game play including any achievements, points, player cards or ratings earned. Virtual Goods have no value outside of the Service. You may not sell, transfer, gift or trade any Virtual Goods outside of the Service. Doing so is a violation of Popover’s Terms of Use and may result in legal action being taken against you. Popover retains the right to modify, manage, control, discontinue, alter and/or eliminate Virtual Goods from the Service, Site or Software. The license to use Virtual Goods is a revocable license. Fees set by Popover for use of Virtual Goods may be modified by Popover and are subject to change without notice. Popover reserves the right to feature different Virtual Goods to different users based on a number of different factors in Popover’s sole discretion.

8. PURCHASE TERMS. Purchases to use in-game Virtual Goods may not be made where prohibited by law. You agree to pay all fees and taxes associated with purchasing Virtual Goods through your account. When purchasing in-game Virtual Goods, in addition to using real world money, you may also have the opportunity to use third party virtual currency or credits such as Facebook credits. YOU ACKNOWLEDGE AND AGREE THAT ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY OR CREDITS MADE THROUGH POPOVER’S SOFTWARE OR SERVICE ARE NON-REFUNDABLE BY POPOVER. Your offer to purchase a license to use Virtual Goods will be accepted by Popover on the first to occur of the availability of the Virtual Good for your in-game use or the debit of your preferred payment method. Your purchase of Virtual Goods is final and non-refundable, transferrable or exchangeable. In the event you are charged for Virtual Goods that you did not receive or you did not purchase, or were charged incorrectly, you may initiate a refund request with the payment provider chosen by you to complete the purchase. All disputes regarding charges for Virtual Goods must be brought within sixty days after the charges first appear on your billing account, otherwise, you will be deemed to have waived your right to dispute the charges or discrepancies. If you use the disputed Virtual Goods, you will also be deemed to have waived your rights to dispute the charges or discrepancies.

9. OWNERSHIP. The Service, Site and Software, including all of the individual audio visual components that comprise the Site, Software and Service are copyrighted works of Popover. Popover owns all rights to in-game chat transcripts, game logs and recordings of actions taken while using the Service or the Software. Popover reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service, Site and Software. Although we value your feedback, we do not encourage the submission of unsolicited ideas. Please review Popover's unsolicited ideas policy here.

10. COPYRIGHT INFRINGEMENT. Popover has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Popover has adopted a policy that provides for the immediate suspension and/or termination of any Site, Software or Service user who is found to have infringed on the rights of Popover or of a third party, or otherwise violated any intellectual property laws or regulations. Popover’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Popover to delete, edit, or disable the material in question, you must provide Popover with all of the information required under Popover’s Digital Millennium Copyright Act procedure found here.

11. ALLEGED VIOLATIONS. Popover reserves the right to terminate your use of the Service and/or the Site and/or Software. To ensure that Popover provides a high quality experience for you and for other users of the Software, Site and the Service, you agree that Popover or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Software, Site or the Service. Popover does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Popover reserves the right to terminate your account or your access to the Software, Service or Site immediately, with or without notice to you, and without liability to you, if Popover believes that you have violated any of the Terms of Use, furnished Popover with false or misleading information, or interfered with use of the Software, Site or the Service by others.

12. NO WARRANTIES. POPOVER HEREBY DISCLAIMS ALL WARRANTIES. POPOVER IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POPOVER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. POPOVER DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITED LIABILITY. POPOVER’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POPOVER BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY POPOVER. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14. AFFILIATED SITES. Popover has no control over, and no liability for any third party websites or materials. Popover works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Popover nor the Site has control over the content and performance of these partner and affiliate sites, Popover makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Popover assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Popover makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15. PROHIBITED USES. Popover imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited communications or linking , including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Popover in providing the Site, Software or Service. Any violation of system or network security may subject you to civil and/or criminal liability. You represent and warrant to Popover and other users that you will use the Service, Site and Software in good faith and agree to take no action in contravention of Popover’s reasonable community standards. Your use of the Service, Site and Software shall be lawful an in accordance with local laws in your applicable jurisdiction. You may not create multiple accounts or false personas or take any action to attempt to or actually defraud Popover or any of its users. You shall not make false reports or abuse Popover’s support features. You cannot promote any illegal activity using the Service, Site or Software. You cannot access any account that is not your own. You cannot attempt to or actually defraud any third party payment provider through the use of the Service, Site or Software. You cannot interfere with other users’ use of the Service, Site or Software or do anything to disrupt or overburden the servers used to provide the Software, Service or Site. You cannot upload or use any malicious software, “auto bot” or information gathering software or application. You cannot exploit any bug or defect in the Service, Site or Software for any purpose. You may not post any information which would violate the privacy or proprietary rights of any party.

16. INDEMNITY. You agree to indemnify Popover for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Popover, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Service, Software or Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Popover will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

18. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Clara County, California, USA in all disputes arising out of or related to the use of the Site, Software or Service. By using the Site, Service or Software, you agree to waive all defenses relating to forum non convenience, lack of personal jurisdiction and venue. YOU AND POPOVER AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING FROM YOUR USE OF THE SITE, SOFTWARE OR SERVICE SHALL BE SUBJECT TO A ONE YEAR STATUTE OF LIMITATIONS MEANING THAT ANY SUCH CLAIM MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.

19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Popover or by any third party. Facebook is a registered trademark of its respective owner.

21. MODIFICATIONS. Popover may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service and/or the Software; and (c) discontinue the Site and/or Service and/or the Software at any time. Popover shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site or through the Service or Software periodically to be aware of any revisions. You agree that, by continuing to use or access the Site, Service or Software following notice of any revision, you shall abide by any such revision.

22. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE OR DOWNLOADING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.