Customer Terms & Conditions of use

Welcome to Popcorn Horror! We are delighted you have chosen to use Popcorn Horror. We would love to hear your thoughts on our services, so please feel free to contact us on the “contact” page on the web site 4.c), below before sending us your comments). In order to make the Popcorn Horror service safe, enjoyable and efficient, we have some rules which cover your use of the Popcorn Horror. You must read these terms and conditions before proceeding to use the Service, create a user account or access the website further, and cease use and/or access immediately if you do not agree to be legally bound by the following provisions. Some parts of the Service my require your agreement to further terms and conditions specific to that part of the Service. You will be notified of such terms and conditions as appropriate and should only continue use if you agree to be bound by those terms and conditions.

1. Your rights and obligations as a customer

When you purchase Content for download or streaming through the service, the Content Provider grants you a personal, non-transferable, licence to use the Content for your own personal, private use. You may not use the Content or any part of it for any commercial purpose or any other purpose not expressly authorised in this agreement.

You may not copy, upload, modify, manipulate, reverse-engineer, publish, burn to CD or DVD, display publicly or in any way transmit whether online or otherwise, the Content or any part of it. You may not transmit the Content or any part of it to any other computer, website, server or other device by any means without the express permission of Popcorn Horror or the Content Provider. You may not use software robots, crawlers, spiders or similar data gathering and extraction tools in respect of the Popcorn Horror website or Service and you agree to indemnify Popcorn Horror for any losses it suffers, including reasonable legal fees, as a result of your use of such programmes, including for any legal or other action taken to prevent your use of such programmes.

For the avoidance of doubt, you may, subject to the provisions of 1.d), below, introduce Content to your friends by posting a link to the film or to any Content on Social Media platforms.

Use of the Service is restricted to persons over the age of 18. By using the Service you warrant that you are 18 years or older. If you are under 18, your parent or guardian may agree to access the Service on your behalf, provided you meet any age criterion under clause 2.d), below.

All text and other content on this website and comprising the Popcorn Horror Service and the ‘look and feel’ of same including, but not limited to, trademarks, logos, images, text, graphics, sounds, music, computer code, interfaces and design are owned by Popcorn Horror and/or Content Providers and may not be copied, reproduced or otherwise used other than with prior written consent.

You will not use the Service for any unlawful or unauthorised purpose.

You will not copy, alter, decompile, reverse engineer, create a derivative work of, or otherwise attempt to extract or modify the source code of the Service or any part thereof.

Your access to this Website and the Service is not guaranteed. Any Content may be withdrawn at the sole discretion of Popcorn Horror. Your access to the Service and/or Website may be suspended or permanently blocked without notice should Popcorn Horror believe, in its sole discretion, that you are in breach of these terms and conditions.

Popcorn Horror accepts no liability for any losses suffered by you or any third party for its decision to withdraw and/or block your access to the Service or this Website.

You acknowledge that if you breach either the Content Provider’s and/or Popcorn Horror property rights you may be liable for civil and/or criminal proceedings and you agree to fully indemnify Popcorn Horror, Content Provider and/or any third party from all losses resulting from your breach of these terms and conditions. Such losses shall include all reasonable legal costs incurred as a result of any action taken against you as a result of your breach of these terms and conditions.

2. User accounts

In making a user account using this website, you agree to be legally bound by the terms set forth in these terms and conditions.

You consent to, and agree to abide by, the terms and conditions. It is your responsibility to familiarise yourself with such third party terms and conditions, and Popcorn Horror accepts no liability for any losses you may incur as a result of any breach of such terms and conditions either by yourself or by the provider of the payment method.

In order to send in films and other information, you will be required to open a user account. You may only do so if you are 18 years old or older. The details you provide must be accurate and you must keep them up to date. You will be issued with login details comprising a user name and password. It is your responsibility to keep these details safe and to prevent others from accessing your account, and you shall be responsible for the conduct of your account and all activities performed through it. You may not divulge your login details to any party nor transfer your account to another party without the written consent of Popcorn Horror. If you create an account, access this site and/or use the service on someone else’s behalf, you warrant that you have that person’s authority to do so, and that you accept all liability and the consequences for any breaches of these terms and conditions resulting from any activity you conduct which is not so authorised. Popcorn Horror reserves the right to terminate any user account without warning where it believes, in its sole discretion, that these terms and conditions have been breached, or generally where it considers it in Popcorn Horror,s interest to do so.

3. Disclaimer, Limitation and Exclusion of Liability

Your use of the Service and/or access this Website is at your own risk.

Popcorn Horror makes no warranties as to quality or fitness for purpose of Content, and cannot guarantee that the Service will be uninterrupted and/or error free. However, any Customer problems or complaints will be taken seriously, and Popcorn Horror will seek to remedy complaints insofar as is reasonably practical and economic.

Whilst Popcorn Horror endeavours to ensure all information referring to products, services, Content and other materials provided through its website and Service is accurate, Popcorn Horror cannot warrant that such information will not contain inaccuracies.

Popcorn Horror hereby excludes and limits all liability, in so far as is legally permissible, for any losses, both tangible and intangible, you or any third party should incur as a direct or indirect result of your use of the Service or Website or in respect of any act or omission on the part of Popcorn Horror.

Popcorn Horror hereby excludes all liability, in so far as is legally permissible, for any trauma, shock, discomfort, offence or other negative sensation you or any third party should endure as a result of use of the Service or Website. It is your responsibility to research whether Content is suitable for you and anyone who should view or otherwise consume it as a result of your use of the Service. You will hold Popcorn Horror harmless from, and indemnify Popcorn Horror against, all liabilities and costs (including reasonable legal fees) resulting from your breach of these terms and conditions and in respect of any action which should be taken by, or against, Popcorn Horror as a result.

4. Miscellaneous

These terms and conditions may be amended from time to time. Popcorn Horror can only notify users of the website and Service of amendments to the terms and conditions electronically by notice on the Popcorn Horror website. Your continued use of the website and/or Service following amendment to the terms and conditions shall constitute your acceptance of the new terms and conditions in their entirety. The new terms and conditions will take effect immediately unless otherwise advised in the notification.

Nothing within these terms and conditions shall be deemed to create a partnership, joint venture, relationship of agency or any further form of legal cooperation between you and Popcorn Horror. Any failure of Popcorn Horror to enforce any provision within these terms and conditions shall not be construed as waiver of that provision and Popcorn Horror reserves the right to enforce any previously unenforced provision at a later date.

For the convenience of our Customers, this Website may contain links to other third party websites. Popcorn Horror does not always vet the suitability of such websites, and Customers use such links at their own risk. Popcorn Horror accepts no liability for any losses or distress, of any nature whatsoever, as a result of your use of such links. Popcorn Horror will consider carefully any complaints regarding links to third party sites. You may create a hyperlink to the Popcorn Horror website provided the site upon which the link appears conforms to the acceptable content standards detailed in 1.d), above. Popcorn Horror reserves the right to request that you remove the link, and you shall do so immediately upon receiving such a request. You shall cease all linking activity until advised by Popcorn Horror in writing that you may resume such activity.

Any unsolicited communications including but not limited to comments, recommendations, ideas and/or opinions, received by Popcorn horror from customers and/or other users of this website and/or the Popcorn Horror Service shall be considered the exclusive property of Popcorn Horror to exploit or otherwise use in any way Popcorn Horror, in its sole discretion, should see fit. In sending unsolicited communications you warrant that you own all rights to the content of the communications and you assign all such rights to Popcorn Horror. For the avoidance of doubt, the communications referred to in this clause shall include all communications submitted to Popcorn Horrorʼs ‘consumer comments’ email address.

These terms and conditions shall be construed in accordance with the laws of Scotland and shall be interpreted as a binding contract between you and Popcorn Horror executed in the jurisdiction of Scotland. Any action raised in respect of a breach of these terms and conditions (whether by the Customer, Popcorn Horror, the Content Provider or any Third Party), shall fall under the exclusive jurisdiction of the courts of Scotland and Scots Law shall apply to any such action. Where we have a suspicion that you intend to, or have, breached the proprietary rights of Popcorn Horror, a Content Provider, or an associated third party. Popcorn Horror reserves the right to seek relief by interim interdict, injunction or similar legal mechanism in any appropriate jurisdiction.

Should a dispute arise between you and Popcorn Horror relating to your visit to this site and/or use of the Service, we shall endeavour to resolve the dispute promptly and in good faith. In the event that an agreement cannot be reached, the claim shall be submitted to binding arbitration in Scotland and the arbiter’s decision shall be final. For the avoidance of doubt, Popcorn Horror shall take a very strict approach should you violate the rights of a Content Provider and shall not hesitate to report any criminal activity to the relevant authorities. You shall notify Popcorn Horror of any claim you may have under this agreement in writing within one year of the breach in respect of which your claim arises. Popcorn Horror will not entertain any claims after this time. You shall raise any action in respect of any claim you may have against Popcorn Horror within one year from the moment of breach giving rise to the claim or lose your right to bring the action forever, notwithstanding any conflicting laws.

Should any part of these terms and conditions be held invalid, that part shall cease to apply, and all remaining provisions shall remain in force.

5. Termination of this Agreement and Jurisdiction

These terms and conditions shall be construed in accordance with the law of Scotland and acceptance of these terms by the Content Provider shall be considered to establish a contractual agreement executed in the jurisdiction of Scotland. You agree that, subject to the provisions of 6.e), the courts of Scotland shall have absolute jurisdiction over all disputes arising out of these terms and conditions.

You may terminate this agreement by removing all your Content from the Service and advising Popcorn Horror in writing of your intention to withdraw from this agreement.

Popcorn Horror reserves the right to terminate this agreement without notice where it has reason to believe the Content Provider is in breach of any part of this agreement, or where it feels, in its absolute discretion, that terminating this agreement is in Popcorn Horror’s best interests. Popcorn Horror shall not be liable to the Content Provider or any third party for any losses resulting from such termination.

Where any dispute as to this agreement arises, Popcorn Horror and the Content Provider both agree to enter into good faith negotiations in an attempt to resolve the dispute. Should the Content Provider consider Popcorn Horror to be in breach of these terms and conditions, the Content Provider shall notify Popcorn Horror in writing detailing the nature of the breach. Should Popcorn Horror fail to remedy the breach within 10 working days of receipt of said notification, the matter shall be submitted to binding, independent arbitration in the jurisdiction of Scotland, and the judgment of the Arbiter shall be considered final.

The Content Provider agrees that it shall raise any action within one year of the origin of the cause of action, or lose the right to bring an action forever.

Where a dispute arises concerning delivery of Content to a Customer, Popcorn Horror reserves the right to adjudicate over the dispute and the Content Provider agrees to honour Popcorn Horror’s decision.

6. Miscellaneous

Other than by explicit statement, no part of this agreement shall be deemed to confer any rights on any third parties.

Popcorn Horror grants no rights to the Content Provider beyond the minimum required for the effective exploitation of this agreement.

Popcorn Horror website and/or the Service may link to third party websites to provide enhanced Customer experience. Such sites are not under the control of Popcorn Horror and use of the sites is at the discretion and risk of the individual user.

If any part of this agreement should be held unenforceable, that part shall be removed from the agreement and the remainder of the agreement shall remain in force.

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