Terms of Use

Uptown Popcorn, LLC ("Uptown Popcorn") provides an online store for various popcorn products including flavored popcorn, popcorn gift tins, and popcorn gift boxes, and any related services offered by Uptown Popcorn (the “Services”).  This Terms of Use and Conditions Agreement (“Agreement”) describes our policies and practices while you are using www.uptownpopcorn.com (the “Site”). 
 
By using our Site, you understand and agree that this Agreement governs any use of the Site by you.
 

  1. Notice. The Site is owned and operated by Uptown Popcorn, a Texas limited liability corporation.  Uptown Popcorn has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any products offered by the Site or its Services  You may visit our Site at any time to read this Agreement and learn of any revisions made to this Agreement.  All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
  2. Intended Use.
    1. The Site is intended for your benefit to become familiar with and use the Services or purchase the Products of Uptown Popcorn.You understand that Uptown Popcorn does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any descriptions of the Products, Services, or any third-party services or products posted on or offered through our Site.
    2. You understand that any statements by Uptown Popcorn, its employees, agents, affiliates, and members are provided for informational purposes only.
  3. Our Services.
    1. In General.  Uptown Popcorn offers for sale a variety of items including flavored popcorn, popcorn gift tins, popcorn gift boxes, accessories, and related products available on the Site (collectively, the “Products”) for delivery anywhere in the United States except for Alaska and Hawaii.  Uptown Popcorn, however, makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the Products or Services provided by Uptown Popcorn, any individual, company, or service provider used by Uptown Popcorn to deliver the Products or Services, or any other services featured on the Site and assumes no liability related thereto.
    2. Purchasing Products.  Uptown Popcorn uses third-party vendors to process and verify your purchases and credit card information.  A purchase from our Site will be finalized if and only if the third-party vendor successfully completes the payment transaction and Uptown PopcornUptown Popcorn finally receives payment.  Uptown Popcorn makes no warranties or representations whatsoever with regard to any services provided or offered by these third-party vendors and you acknowledge that any reliance on representations or warranties provided by any such third-parties will be at your own risk.
    3. ALL SALES ARE FINAL.  You understand and agree that the sale of any Product purchased from our Site is final.  No refunds or exchanges will be made by Uptown Popcorn for any reason at all.
    4. Custom Products.  If you are interested in purchasing a custom product from Uptown Popcorn, please contact contact@uptownpopcorn.com.  You understand and agree that all sales of custom-ordered products are FINAL.
    5. Third-Party Shipping Provider.  Uptown Popcorn uses a third-party shipping provider to deliver the Products (the “Third-Party Shipping Provider”) and makes no warranties or representations whatsoever with regard to any services provided or offered by the Third Party Shipping Provider, and you acknowledge that any reliance on representations or warranties provided by any such Third-Party Shipping Provider will be at your own risk.  You understand and agree that all shipping related notifications and confirmations, including but not limited to shipment notifications, delivery exception notifications, and delivery confirmations will be provided by the Third-Party Shipping Provider and that Uptown Popcorn will not be held liable for or responsible for such notifications and confirmations.
    6. Submitting a Claim.  When purchasing our Products, you understand and agree that any claims for damages, lost or unmet delivery guarantees, or any other shipping related issues (“Shipping Claim”) will be handled and ultimately settled by Uptown Popcorn at its own discretion.  Please keep the following in mind as you finalize your Shipping Claim:
      1. To submit a claim, please email Uptown Popcorn at contact@uptownpopcorn.com within one business day of receipt of the Products purchased from our Site.
      2. You may be required to submit information related to your claim including but not limited to the description of damage, how we can contact you, and pictures of the damaged items after shipping.
      3. Any decisions regarding your Shipping Claim are final.
  4. Use of Information and Materials on our Sites.
    1. The product descriptions, information, and other materials contained on our Site are subject to change without notice.
    2. While Uptown Popcorn makes every effort to ensure that the information on our Site is accurate, Uptown Popcorn makes no representations or warranties as to the accuracy or reliability of any information provided on our Site.
    3. Any unauthorized use of our Site and systems including but not limited to unauthorized entry into our system, misuse of passwords, or misuse of any information posted on our Site is strictly prohibited.
    4. The viewing, printing, or downloading of any content, graphic, form, or document from the Site, is prohibited.  Uptown Popcorn grants you only a limited, nonexclusive license for use of such materials solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
    5. Photos Submitted to Our Site.  By submitting a photograph to our Site, you represent and warrant that you are the owner of the copyrights in and to the photograph.  Uptown Popcorn is not responsible for verifying ownership of such materials and cannot represent the same to other visitors of our Site.  You agree to seek out and obtain such authorizations and permissions before posting such materials on our Site.  Uptown Popcorn is not responsible for verifying such authorizations and permissions.  By posting material on our Site, you agree to grant Uptown Popcorn a royalty free license to publish the material on our Site.  Uptown Popcorn, at its sole discretion, may delete any photograph or image posted on our Site without notice.
    6. Our Blog. Uptown Popcorn hosts a blog on our Site to generally discuss information related to our Products and Services.  Uptown Popcorn encourages you to participate in our blog.  However, Uptown Popcorn cannot be responsible for the content, accuracy, or opinions expressed in the blog and the inclusion of the blog on our Site does not imply our approval or endorsement of such content.  Uptown Popcorn, at its sole discretion, may delete any content or opinions on our blog at any time without notice.
    7. Our Facebook and Twitter Pages. Uptown Popcorn hosts Facebook and Twitter pages to provide information and promote our Products and Services.  Uptown Popcorn encourages you to participate in our Facebook and Twitter pages.  However, Uptown Popcorn cannot be responsible for the content, accuracy, or opinions expressed on these and the inclusion of links to such pages on our Site does not imply our approval or endorsement of such content.  Uptown Popcorn, at its sole discretion, may delete any content or opinions on our Facebook and Twitter pages at any time without notice.
  5. Privacy Policy.  Please see our Privacy Policy to review how Uptown Popcorn uses information collected on the Site.  By entering into this Agreement, you also agree to the Privacy Policy.
  6. Disclosure of Collected Information.
    1. Information from the Site.  Except as provided in this Agreement and in our Privacy Policy, Uptown Popcorn will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other personal information, that we collect via the Site.  Uptown Popcorn, however, will cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.
    2. Disclaimer.  We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Agreement and in our Privacy Policy.  By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from our Site.
    3. Children 13 Years of Age and Younger.  If you are under the age of 13, you will need parental or guardian permission before you may use our Services.  Our Site may ask you to confirm your age and whether you have such permission.  Please respond truthfully.  If Uptown Popcorn determines that you are under the age of 13 and have not acquired parental or guardian permission to join Uptown Popcorn, your account, at Uptown Popcorn’s sole discretion, will be denied or cancelled at any time.
    4. Type of Information Collected. Uptown Popcorn or our third-party vendor may collect personal information, such as:  your name, e-mail address, postal address, shipping information, telephone and facsimile numbers, and URL.  Uptown Popcorn may also automatically gather and store the following information it in log files:  IP addresses, browser types, ISPs, referring/exit pages, operating systems, date/time stamps, and movements around the Site.  The Site may also gather demographic information.  At no time will Uptown Popcorn require a child to disclose more information than is reasonably necessary in an activity as a condition of participation.
    5. Parents of Children Under the Age of 13. Upon written request of a parent whose child is under the age of 13 and has provided personal information to Uptown Popcorn, Uptown Popcorn will release a description of personal information collected from the child and will make such information available to the parent.  Upon written request of the parent, Uptown Popcorn will delete the child’s information from the Site.  Parents of children under the age of 13 have the option to agree to the collection and use of the child’s information without consenting to the disclosure of the information to third parties.
  7. Enforcement.
    1. Limitations of Warranties and Remedies.  To the full extent allowed by law, Uptown Popcorn disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose.  Uptown Popcorn neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Services or Products provided by Uptown Popcorn.  In no event will Uptown Popcorn be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if Uptown Popcorn has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
    2. Indemnification.  You agree to defend, indemnify, and hold harmless Uptown Popcorn and its officers and employees (the “Uptown Popcorn Parties”) against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Uptown Popcorn Parties may incur arising out of or resulting from your use of the Site or any of the Products and Services of Uptown Popcorn.
    3. Choice of Law and Venue.  This Agreement will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction.  By entering into this Agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to this Agreement or its enforcement.  The parties also hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties relating to this Agreement or its enforcement.
    4. Severability.  If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
    5. Additional Provisions Regarding Liability.  You and Uptown Popcorn agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
    6. Notices.  Any notices or communication sent by you to Uptown Popcorn pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as Uptown Popcorn may specify in writing.

      All notices must be sent to:
      Uptown Popcorn, LLC
 
      10880 Rockwall Rd.
      Suite 200
      Dallas, Texas  75238
       
  8. Additional Information.
    1. Links.  This Agreement applies solely to our Site and does not apply to any other websites to which we may provide links.  We are not responsible for the content, accuracy, or opinions expressed in such linked websites and the inclusion of such links on our Site does not imply our approval or endorsement of such websites.  Please be aware that Uptown Popcorn is not responsible for and cannot control the terms of use and conditions of these other websites.  We encourage you to be aware when you leave our Site, and to read the terms of use of each and every website.
    2. Trademarks.  Uptown Popcorn is the owner of the Uptown PopcornTM, uptownpopcorn.comTM, and Uptown PopcornTM marks and logos.  Uptown Popcorn is the owner of the Site’s and the Uptown PopcornTM products’ trade dress, including the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery.    All rights are reserved.
    3. Copyrights.  Our Site contains copyrighted material and other proprietary information, including, without limitation, the Uptown PopcornTM product designs, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics.  The contents of the Site are protected under the United States copyright laws.  You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Uptown PopcornTM product or the Site’s content, in whole or in part.  No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Uptown Popcorn and the copyright owner, if applicable.
  9. Suggestions and Idea Submissions.  Unless otherwise agreed to in writing, Uptown Popcorn does not accept unauthorized idea submissions outside of established business relationships.  To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care.  Importantly, without a clear business relationship, Uptown Popcorn cannot and does not treat any such submissions in confidence.  Accordingly, please do not communicate unauthorized idea submissions with Uptown Popcorn through the Site.  Any ideas disclosed to Uptown Popcorn outside of a pre-existing and documented confidential business relationship are not confidential and Uptown Popcorn may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you.  Uptown Popcorn will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them.  However, if a review is necessary in Uptown Popcorn’s sole discretion, it will be with the understanding that Uptown Popcorn assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use.  By submitting an idea or other detailed submission to Uptown Popcorn through the Site, you agree to be bound by the terms of this Agreement.
  10. Representations and Warranties.  By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Uptown Popcorn.  You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site.  You also represent and warrant that any information you provide us is true and accurate.
  11. Contact Us.  If you have any questions or suggestions regarding this Agreement, please contact us at contact@uptownpopcorn.com.
 
 

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8687 North Central Expressway, Suite 2316, Dallas, TX 75225 Phone 214.265.0200
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