BEFORE ENTERING AND USING THE WEBSITE AND ITS SERVICES, PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ENTERING THE WEBSITE WWW.SNOWTHEGAME.COM AND/OR USING THE WEBSITE, ANY PRODUCTS AND SERVICES, SOFTWARE, DATA FEEDS, PROVIDED TO YOU, PARTICIPATING IN CONTESTS, SUBMITTING MATERIALS ETC. ON, FROM, OR THROUGH THE WEBSITE (HEREINAFTER SERVICE) YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN POPPERMOST AND YOU. POPPERMOST OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SERVICE AND PERMITS YOU TO USE THE SERVICE ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT ENTER THE SITE AND/OR USE THE SERVICE. IF YOU ARE A USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 21 AND 22, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. POPPERMOST RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE WEBSITE AND/OR THE SERVICE FOR ANYONE WHO VIOLATES THESE TERMS OF SERVICE. POPPERMOST MAY DISABLE ACCESS TO THE WEBSITE AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.
This document ("Terms of Service") is a legal agreement between you ("you" or "the user") and Poppermost Productions Aktiebolag, a Swedish corporation, with registered and business offices at Magnus Ladulåsgatan 10c, 118 66 Stockholm, Sweden ("Poppermost") and governs your use of the "Website" (defined below).
PLEASE NOTE THAT BY ENTERING THE WEBSITE YOU AGREE TO ABIDE THE TERMS AND BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE. POPPERMOST OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE WEBSITE AND PERMITS YOU TO USE THE WEBSITE ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE.
2. The Website and Purpose
The Website contains the game SNOW, information and news regarding the Game, access to web shops, corporate information, job opening, contests, etc. (the service) and the purpose of the website is to provide you with access to the Game and such related services. The Website may provide you with information about Poppermost's or a third party's products or services, including promotions, advertisements, product placements or marketing materials within the Website. You acknowledge that Poppermost does not endorse any of the products or services advertised, promoted or marketed by third parties.
3. Access to the Website
The Game is not yet rated. There are no age restrictions for access to and use of the Website. However Children under 18 years of age need parental consent to make purchases on the website.
Poppermost reserves the right to add, modify, or delete the Website and/or the services offered and any information on the Website at any time. Poppermost makes no representation or warranty as to the completeness or accuracy of the information on the Website nor does it represent or warrant that the Website and its services will be available at all times or at any time. The information contained in the Website may be incomplete, may contain errors, or become out of date at any time. Poppermost makes no commitment and expressly disclaims any duty to update any of the content in the Website. The Website is provided on an "as is" basis without any express warranties.
You agree to fully pay for all products and services ordered on the Website. You are responsible for providing Poppermost with valid credit card information to secure payment. Poppermost reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment Website providers. If you are under 18 years of age you need parental consent to make purchases on the website.
7. Payment terms
When you purchase any product or service on the Website you authorize Poppermost to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Poppermost is not required to collect) and for all hardware, software, Internet services and other costs you incur to access the Website. Poppermost reserves the right to change the fees and availability of any products and services at any time without notice; provided, however, such price change will not affect your purchase price for orders that Poppermost has already actually received from you and processed. You are responsible for reviewing the Website for changes in the fees or payment terms.
8. Delivery of products and services
Poppermost provides the Website on an "as is" basis. Poppermost shall endeavor to deliver products and services that you have ordered to you within a reasonable amount of time. However, technical problems may delay or prevent delivery and except as set forth in the next sentence, Poppermost shall have no liability to you with respect to delays or delivery problems. Your sole remedy with respect to a purchased product or service that is not delivered within a reasonable amount of time after ordering is to either receive a replacement of such product or service, or a refund of the purchase price paid for such product or service, as determined by Poppermost in its sole discretion.
9. Restrictions of use
You agree to abide by all applicable laws and regulations in using the Website. You expressly agree that you shall not: (a) use the Website for any illegal purpose; (b) use the Website in any manner which violates the rights of a third party, including, without limitation, intellectual property rights; or (c) use the Website in any manner that breaches the terms and conditions of the Terms of Service.
10. Prohibited use
Your continued access to the Website and right to use the service is subject to proper conduct. Without limiting Poppermost's rights to control the Website's environment, and the conduct of the users within that environment, Poppermost prohibits the following practices that Poppermost has determined detract from the overall user experience: any action that imposes an unreasonable or disproportionately large load on the System; use of your own or third-party software to modify any content appearing within the Website, its environment or change how the Websites are used; use of the Website or any information accessible through the System, to bypass any System login architecture or create or provide any other means through which any System may be accessed and/or the Websites may be used by others.
11. Links to other websites
The Website may contain links to other websites. Poppermost does not review or evaluate all of the websites linked to in the Website and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these websites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective conditions of use for each of these websites. Under no circumstances shall Poppermost be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such websites.
Your use of the Website constitutes your agreement to defend, indemnify, and hold harmless Poppermost, its parents and affiliates, licensors and partners, and its and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys' fees, arising out of your use or misuse of the Website or services by a third party with the use of your account.
These Terms of Service are effective until amended by Poppermost in its sole discretion. Poppermost may change, suspend, or discontinue all or any aspect of the Website and/or the services at any time for any reason without prior notice or liability, including, without limitation, the availability of any feature, without prior notice or liability. Poppermost may cease to provide any or all of the products and services offered in connection with the Website, terminate the Terms of Service, and cancel all of the rights granted to you under the Terms of Service at any time for any reason without prior notice or liability. Poppermost may, but not obligated to, communicate such termination to you in any of the following manners: (i) in a notice on the Website; (ii) via electronic mail; or (iii) in another manner that Poppermost deems suitable to inform you of the termination. If Poppermost terminates the Websites, you will not receive a refund of any paid fees. In the event of any termination hereunder Sections 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 28 and 29 of these Terms of Service will survive termination.
14. Disclaimers and limitations of liability
THE WEBSITE AND THE SERVICE IS PROVIDED BY POPPERMOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POPPERMOST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, POPPERMOST MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS AND SERVICES INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE FUNCTION CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE WEBSITE, SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF POPPERMOST, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF POPPERMOST, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL POPPERMOST, ITS PARENTS AND/OR AFFILIATES (COLLECTIVELY "POPPERMOST" FOR PURPOSES OF THE REMAINDER OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR OTHERWISE FROM POPPERMOST OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO POPPERMOST'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN THE WEBSITE. POPPERMOST TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL POPPERMOST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREFROM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPPERMOST'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF $ 50 U.S. DOLLARS.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT POPPERMOST SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE WEBSITE OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USES OF THE WEBSITE, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND POPPERMOST HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. POPPERMOST DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POPPERMOST OR AN POPPERMOST AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
POPPERMOST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND POPPERMOST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POPPERMOST BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, OR DEFECT IN OR CAUSED BY THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WEBSITES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPPERMOST'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF $ 50 U.S. DOLLARS.
16. Seizure warning
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Poppermost takes no responsibility for such effects and end results and the user is using the Website on his/her own risk.
17. Trademarks and website marks
The names, logos, characters, brands and product and service names appearing in the Website are trademarks/service marks or registered trademarks/service marks of Poppermost or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
18.1 Poppermost Content.
You acknowledge and agree that all content, design elements, and materials available on the Website, ("'Poppermost Content") are owned by Poppermost and/or its partners and licensors and protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights of Poppermost and/or its partners and licensors. Poppermost and its partners and licensors retain all right, title and interest in and to the Poppermost Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Poppermost Content in any form or for any means unless expressly permitted on the website. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit the Poppermost Content in any way unless expressly permitted in this Agreement or on the website. You agree not to disassemble, decompile or reverse engineer any software or other component of the Website, Service or the Poppermost Content. You agree not to assert against Poppermost any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights. You are not required to provide any ideas, feedback or suggestions regarding the website or any of Poppermost's products or services (collectively, "Feedback") to Poppermost. To the extent you do provide any Feedback to Poppermost, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Poppermost and acknowledge that Poppermost may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you.
18.2 User Content
By using the Service you may create certain content such as avatars, animated videos and short films, etc. ("Submissions"). Except for the Poppermost Content contained therein, any intellectual right and title to such Submissions shall remain and where applicable shall become your intellectual property. That portion of a Submission that is not Poppermost Content is sometimes referred to herein as User Content.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Website and/or Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.
18.3 Poppermost License to User Intellectual Property
You agree that Poppermost shall be given the irrevocable, sublicensable, perpetual, worldwide, royalty-free right to utilize, perform, reproduce and distribute your User Content as contained in the Submission on the Website and in any and all media now known or hereafter devised for marketing and promotional purposes and feature your User Content and Submissions in its products and services. You license to Poppermost all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Website and/or Service pursuant to these Terms of Service.
18.4 User License to Poppermost Intellectual Property
You are hereby given only a limited revocable license to use the Service and the Poppermost Content as set forth herein solely to create Submissions in accordance with these Terms of Service. You are entitled to post Submissions only on the Website, and other permitted channels that Poppermost may announce in the future. You are not entitled to post Submissions, in whole or in part, on other, non-permitted websites, media, or social networks or otherwise or show or embed the Submissions on other websites, in whole or part, except through functionality specifically provided by Poppermost to do so, if any.
19. User guidelines
The Website may have forums, bulletin boards, user comments etc. where you may post opinions, comments etc. In order for you to post messages etc. on such forums, bulletin boards etc. you must comply with all guidelines and requirements as may be notified to you by Poppermost from time to time and must not contain material, opinions etc. that: i) includes graphic depictions of gratuitous or excessive violence; ii) is sexually explicit; iii) includes profane or obscene language or gestures; iv) advocates intoxication or substance abuse; v) promotes negative racial, ethnic, gender, political or religious stereotypes; vi) makes negative or disrespectful comments etc. about religions; vii infringes third party rights or viii) reflects adversely on the name, reputation or goodwill of Poppermost.
20. Electronic communications
When you use the Website or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Website or by any other means Poppermost finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice on the Website or otherwise) satisfy any legal requirement that such communications be in writing.
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association ("AAA"). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
22. Class action waiver.
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 21 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AND POPPERMOST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
24. Governing law.
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Service that is not subject to mandatory arbitration as set forth above in section 21 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Poppermost may apply to any court of competent jurisdiction for injunctive or other equitable relief.
If for any reason any provision of the Terms of Service shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Poppermost reserves the right, at its discretion, to update or revise the Terms of Service at any time. Poppermost will post such changes on the Website and these additional or revised terms will become part of the Terms of Service. Please check this Terms of Service document periodically for changes. Your continued use of the Website constitutes your binding acceptance of the Terms of Service, including any changes or modifications made by Poppermost as permitted above.
27. Take Down Notice Policy
Poppermost respects the intellectual property of others and expects our users to do so as well. If you believe that a Submission or other content accessible on our Website is in violation of your copyright or trademark rights, please submit a "Take Down Notice". The following information must be included when submitting a Take Down Notice:
• Identify in sufficient detail, the work or intellectual property that you claim has been infringed so that the material can be located on the Website.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being infringed; and
• Sufficient contact details for the person making the complaint, including an address, telephone number and e-mail address and the physical or electronic signature of the person making the complaint.
The Take Down Notice should be submitted to Poppermost at firstname.lastname@example.org. After reviewing your Take Down Notice, Poppermost will remove or disable access to the applicable material if we consider it appropriate to do so. Poppermost may advise the alleged infringer of your claim and you expressly authorize Poppermost to do so.
28. Entire agreement
These Terms of Service constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Poppermost may assign its rights under the Terms of Service without notice to you.
The Website and related products and services hereunder are offered by Poppermost Productions Aktiebolag, a Swedish corporation, with registered and business offices at Magnus Ladulåsgatan 10c, 118 66 Stockholm, Sweden, email: email@example.com
Last Updated: August 8, 2014