Terms of Use

Last Modified: August 28, 2014

Welcome to the website (“Site”) of Doc Popcorn L.L.C. (“DP”, “we,” “us,” or “our”). The following terms and conditions (these “Terms of Use” or “TOU”) govern your access to and the use of this Site, including any content, functionality and services offered on or through this Site.

PLEASE REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING OUR SITE. All information we collect on this Website is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Your use of our Site constitutes your assent to follow and be legally bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Site.

This Site is offered and available to users who are 13 years of age or older. Please note that features of the Site or the ability to make purchases on the Site may require that you be 18 years of age or older. By using this Site, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Intellectual Property Rights. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Site.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

PROHIBITED USES. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

ONLINE PURCHASES. All purchases through our Site or other transactions for the sale of goods formed through the Site are subject to our terms of sale [insert link to the terms of sale].

MODIFICATION OF THE SITE. We reserve the right, at our sole discretion, to change, modify, revise, or discontinue any webpage, service, term, or condition contained within this Site at any time with or without notice to you. Any change, modification, revision, or discontinuation will become effective immediately upon the posting on our Site. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. Your subsequent use of our Site after any change, modification, revision, or discontinuation will constitute your acceptance of any new, modified, revised, discontinued content, terms, or conditions within our Site. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SITE.

DISCLAIMER OF WARRANTIES. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DP NOR ANY PERSON ASSOCIATED WITH DP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER DP NOR ANYONE ASSOCIATED WITH DP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THIRD PARTY CONTENT. To the extent that we provide information, content, or hyperlinks to websites to or from parties or entities not owned by us, such content is provided for informational purposes only and we do not independently investigate the validity or accuracy of the information provided. We expressly disclaim all warranties express or implied relating thereto. We do not endorse or take responsibility for any products or services or the delivery of any products or services accessed, obtained or procured, or advertised from such websites. We nor any of our affiliates or subsidiaries, including, but not limited to, Doc Popcorn Franchising L.L.C., Dippin’ Dots, L.L.C., and Dippin’ Dots Franchising, L.L.C., will be liable or responsible for any errors, omissions, or results obtained by the use of any information contained within these websites as well. We will not incur any type of liability for any type of damages resulting from but not limited to negligence, breach of contract, libel, defamation, infringement of copyright or other intellectual property rights, arising from the exhibition, dissemination, distribution, or exploration of any information contained within the hyperlinked websites of third parties. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE. Any claim against us in connection with any information, content or material (including without limitation user generated content) represented on any third party website or any information provided to the third party website (including without limitation personal, financial, or other type of identifying information) is hereby waived.

RELIANCE ON INFORMATION POSTED. From time to time, there may be information located within our Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at anytime without prior notice (including after you have submitted you order).

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, NOR SHALL WE BE HELD LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO THE AFOREMENTIONED DAMAGES FOR THE CONDUCT OR ACTIONS (ONLINE OR OFFLINE) OF ANY USER OF THIS SITE.

Applicable laws may limit the exclusion of certain warranties or liability for certain types of damages. Therefore, some of the limitations listed above may not be applicable to your situation. However, in no event shall our total liability to you for any claims, damages, or loss in contract or tort (including but not limited to negligence) exceed the amount paid by you, if any, for accessing our Site or exceed the minimum amount permitted under such applicable law, whichever is less.

Non-waiver. A failure or delay to take action under these Terms of Use shall not constitute a waiver of any right or provision under these Terms of Use or prevent us from subsequently enforcing such provisions. Furthermore, you represent and warrant that we will not be estopped from asserting any provision of these Terms of Use because of a previous lack of enforcement. Only a document signed by an authorized representative of DP will have any legal effect to waive any of the terms and conditions included within our Site.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Site.
Send e-mails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Indemnification. You are entirely responsible for maintaining the confidentiality of any username(s), password(s), and user account(s) as well as any activity resulting from the use of these accounts. You agree to defend, indemnify, and hold us, and our parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents, licensors, licensees, or other representative parties harmless from and against any and all claims damages, costs and expenses (including without limitation settlement costs, legal fees, and any other expenses incurred investigating or defending an action) arising from or related to your use of the Site, your violation of the Terms of Us or the Privacy Policy, or your violation of any third party right, including without limitation any intellectual property right, property, or privacy right. You shall cooperate with us to the fullest extent you are capable in the defense of any claim. We reserve the right to assume exclusive control and/or employ separate counsel of any matter subject to indemnification by you.

GEOGRAPHICAL RESTRICTIONS. We are based in the State of Oklahoma in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Any dispute arising under these Terms of Use or relating to this Site shall be resolved exclusively by the federal courts of the United States or the courts of the State of Oklahoma, in each case located in the City of Oklahoma City and County of Oklahoma, applying Oklahoma law without regard to any conflict of law provisions. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Doc Popcorn L.L.C. with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns. This website is operated by Doc Popcorn L.L.C. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: doc@docpopcorn.com.

DP welcomes your feedback and comments regarding this Site and its existing products and marketing practices; however, please note that DP does not accept or consider unsolicited ideas, including ideas for new concepts, advertising campaigns, new promotions, artwork, or new or improved products or technology. Please do not submit any unsolicited ideas to DP in any form.

Thank you for visiting our Site.

Any rights not expressly granted herein are reserved.

Trademarks: Doc Popcorn, DP, and logos are either registered trademarks or trademarks of Doc Popcorn L.L.C. in the U.S. and/or other countries. The names of other entities, products or services mentioned herein or on the Site may be the trademarks of their respective owners.

Thank you for visiting us at www.docpopcorn.com