Terms and Conditions of Use of the PopMello Website

Welcome to the PopMello. Following are the terms and conditions that govern your use of this website.

These terms and conditions of use constitute a legal agreement between you and PopMello, a division of PopMello. Please read this agreement (“agreement”) in its entirety before you continue to use this website or purchase any product. By using this website, you agree to be bound by the terms and conditions of this agreement. If you do not agree, do not check the box indicating agreement, and discontinue using the website.

This website is owned and operated by PopMello. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively, “Content”) is owned by PopMello, its licensors and its Content providers.

All elements of our website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written agreement with us, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of PopMello or its licensors unless otherwise expressly agreed. You shall indemnify PopMello, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

”PopMello” and the PopMello logo are trademarks of PopMello.

This website and its content are provided “as is” and PopMello excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. PopMello will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive and consequential damages. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not PopMello, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.

Except as specifically stated in this Agreement or elsewhere on this website, or as otherwise required by applicable law, neither PopMello nor its directors, employees, licensors, Content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by applicable jurisdictional provisions.

PopMello uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.

You are responsible for maintaining the confidentiality of your account number, account name and password, if applicable. You are responsible for all activities that occur under your account, including without limitation, all uses of your account number, account name or password by someone else, regardless of whether you expressly authorized the use. You agree to notify PopMello immediately of any unauthorized use of your account or any other breach of security. PopMello al will not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PopMello or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the account holder’s permission.

This website can be accessed from countries around the world and may contain references to PopMello s’ products or services that are not available in your country. These references do not imply that PopMello intends to announce such products or services in your country.

There may be links to other websites from the PopMello website; however, these other websites are not controlled by PopMello and we are not responsible for any content contained on any such websites or any loss suffered by you in relation to your use of such websites. You waive any and all claims against PopMello and its directors, employees, affiliates or other representatives regarding the inclusion of links to outside websites or your use of those websites.

No action of PopMello, other than an express written waiver or amendment, may be construed as a waiver or amendment of any provision of this Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change this Agreement, prices, information and available contractual license terms featured on this website without notice. PopMello will provide notice of material changes to this Agreement on the home page of this website. Your continued use of this website, or any services or materials accessible through it, after such notice has been posted constitutes your acceptance of the changes.