This General Terms of Service (this “TOS”), as may be modified or amended periodically POPEYEANDCLOUDY.COM (as defined below), is a legally binding agreement made and between POPEYEANDCLOUDY.COM and you, personally and, if applicable, on behalf of the entity for whom you are using any of POPEYEANDCLOUDY.COM’s products or services, (collectively, “you” or “your”). This TOS governs your use of all POPEYEANDCLOUDY.COM products and services, including mobile applications and this website (“Services”) so please read it carefully. The “Effective Date” of this TOS is 02/28/22.
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, POPEYEANDCLOUDY.COM DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY POPEYEANDCLOUDY.COM, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
About The Services and The Terms
The Services. The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with POPEYEANDCLOUDY.COM, and are not otherwise prohibited from using or receiving the Services in accordance with this TOS. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of this TOS.
Additional Terms. POPEYEANDCLOUDY.COM provides a wide variety of Services to both consumers and business users. Some Services are subject to additional terms, which are listed below or presented to you when you use such Services. If you are using or would like to use any of the following Services, please follow the link below to access those additional terms. If there is a conflict between these TOS and the additional terms for a particular Service, the additional terms will control for that Service. You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms follow:
If you advertise through POPEYEANDCLOUDY.COM or access our business services, then you will be subject to our POPEYEANDCLOUDY.COM Advertiser General Terms and Conditions and where applicable, the POPEYEANDCLOUDY.COM Advertiser Product and Services Terms
Our developers are subject to our Developer Terms
If you use any of our mobile apps, you are subject to our Mobile App End User Terms
If you purchase products or services online, you are subject to our Electronic Commerce Terms
If you create an account, you are subject to our Registered User Terms
For the provision of our Services, POPEYEANDCLOUDY.COM is obligated to provide various legal notices law and/or contract, which are incorporated reference into these TOS and the Mobile App End User Terms (where applicable). Please see the Legal Notices Page.
Nature of Services. POPEYEANDCLOUDY.COM provides Services that are, unless otherwise expressly stated, advertising sites and services. POPEYEANDCLOUDY.COM displays advertising on behalf of businesses and POPEYEANDCLOUDY.COM relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does POPEYEANDCLOUDY.COM endorse and/or have any other connection with the businesses that advertise with us.
Changes to Terms. POPEYEANDCLOUDY.COM may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.
Using the Services.
Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, POPEYEANDCLOUDY.COM grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use that POPEYEANDCLOUDY.COM may provide from time to time.
Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. POPEYEANDCLOUDY.COM may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, POPEYEANDCLOUDY.COM may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This TOS will survive indefinitely unless and until POPEYEANDCLOUDY.COM chooses to terminate it, regardless of whether any account you open is terminated you or POPEYEANDCLOUDY.COM or whether you continue to use or continue to have the right to use the Services.
Intellectual Property Rights. Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned POPEYEANDCLOUDY.COM, its licensors, or other entities, and is protected copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or POPEYEANDCLOUDY.COM (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“ POPEYEANDCLOUDY.COM Marks”), used in connection with the Services, without express permission from the owner.
Unauthorized Use of Marks. Although POPEYEANDCLOUDY.COM protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of POPEYEANDCLOUDY.COM Marks a third party; accordingly, do not rely upon any third party’s use of any POPEYEANDCLOUDY.COM Marks in determining whether a third party is affiliated with POPEYEANDCLOUDY.COM, as such use may be unauthorized.
Prohibited Conduct. You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted this TOS and only in a manner that does not interfere with POPEYEANDCLOUDY.COM’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services. Without limitation, you may not: (i) infringe, violate, or transgress any right of any party; (ii) attempt to bypass, disrupt or interfere with the security, provision or use of the Services; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity (including POPEYEANDCLOUDY.COM), or use a false identity; (iv) attempt to obtain unauthorized access to the Services; (v) engage, directly or indirectly, in any type of unsolicited communication; (vi) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services; (vii) submit false or misleading information to POPEYEANDCLOUDY.COM; (viii) violate any law, rule, or regulation; (ix) use any POPEYEANDCLOUDY.COM Marks or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes; (x) use the POPEYEANDCLOUDY.COM domain name or any domain name that is confusingly similar to this or another POPEYEANDCLOUDY.COM domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service; (xi) link to or “frame” any POPEYEANDCLOUDY.COM website (including deep linking to a specific portion of any POPEYEANDCLOUDY.COM website) or overlay content on the Services; (xii) conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website; (xiii) use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service; (xiv) take any action that may undermine the ratings or review or similar process(es) under the Services; or (xiv) assist any third party in engaging in any activity prohibited this TOS. POPEYEANDCLOUDY.COM reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this TOS.
Changes. POPEYEANDCLOUDY.COM may change or discontinue any of the Services at any time without notice or liability to you or any third party.
Content and Feedback
Your Content. Some of the Services allow you to submit or generate content. If you submit or generate content, you must comply with POPEYEANDCLOUDY.COM’s User Generated Content Guidelines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant POPEYEANDCLOUDY.COM (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
Feedback. If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to POPEYEANDCLOUDY.COM, you agree that POPEYEANDCLOUDY.COM can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to POPEYEANDCLOUDY.COM in which you do not wish to grant such rights.
Third Party Content. POPEYEANDCLOUDY.COM may provide access to third party content, such as user-generated reviews, other content submitted users of the Services, and links to third-party websites. POPEYEANDCLOUDY.COM does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided third parties (including other users) in connection with the Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. POPEYEANDCLOUDY.COM is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold any third party (including on or through a third party’s website), or for any other action or inaction any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. POPEYEANDCLOUDY.COM will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that POPEYEANDCLOUDY.COM is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
Objectionable Content. If you become aware of any objectionable third-party content, you may contact POPEYEANDCLOUDY.COM customer service to report it. POPEYEANDCLOUDY.COM will address such requests if and to the extent it deems appropriate, in its sole discretion.
DMCA/Intellectual Property Policy. POPEYEANDCLOUDY.COM respects the rights of others. If you believe any content available through the Services infringes your rights, you must submit a complaint through our DMCA/Intellectual Property Policy.
DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.
DISCLAIMER OF WARRANTIES. POPEYEANDCLOUDY.COM PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. POPEYEANDCLOUDY.COM DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. POPEYEANDCLOUDY.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. POPEYEANDCLOUDY.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. POPEYEANDCLOUDY.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM POPEYEANDCLOUDY.COM OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
EXCLUSION OF DAMAGES. POPEYEANDCLOUDY.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF POPEYEANDCLOUDY.COM ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID POPEYEANDCLOUDY.COM FOR YOUR USE OF THE SERVICES; (II) $50; OR (III) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity. You agree to indemnify, defend and hold POPEYEANDCLOUDY.COM and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach you of any provision of this TOS or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, POPEYEANDCLOUDY.COM may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of POPEYEANDCLOUDY.COM.
Applicability of Section. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this TOS or the Services, subject only to the following three exceptions: (1) if POPEYEANDCLOUDY.COM reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to POPEYEANDCLOUDY.COM or any third party, POPEYEANDCLOUDY.COM may seek injunctive or other appropriate relief in any court of competent jurisdiction; (2) certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services; or (3) any dispute may, at the option of the claiming party, be resolved in small claims court in Atlanta, Georgia, provided that all claims all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process in Section 6.2 subject to the informal resolution in Section 6.2. Furthermore, in no event will the terms of this section limit POPEYEANDCLOUDY.COM’s ability to investigate complaints or reported violations of this TOS or to take any action POPEYEANDCLOUDY.COM deems necessary and appropriate to mitigate actions against POPEYEANDCLOUDY.COM, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact POPEYEANDCLOUDY.COM customer service; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give POPEYEANDCLOUDY.COM 30 days within which to resolve the dispute to your satisfaction.
Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
POPEYEANDCLOUDY.COM will not be liable for failing to perform under this TOS because of any event beyond its reasonable control.
This TOS and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects the laws of the State of Georgia without regard to any provision governing conflicts of law. This TOS (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and POPEYEANDCLOUDY.COM relating to the Services. You may not transfer your rights or obligations under this TOS without the prior written consent of POPEYEANDCLOUDY.COM. POPEYEANDCLOUDY.COM may freely do so, in whole or in part. This TOS will be binding upon the successors and permitted assigns of you and POPEYEANDCLOUDY.COM. This TOS does not create any third party beneficiary rights. This TOS will be interpreted as if equally drafted POPEYEANDCLOUDY.COM and you. A party’s failure or delay in exercising any right, power or privilege under this TOS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this TOS. You and POPEYEANDCLOUDY.COM are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
By providing your email address, you agree that POPEYEANDCLOUDY.COM may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out following the instructions in the message. POPEYEANDCLOUDY.COM may send any legal notices to you via email, notification a message to your account or regular mail.
Terms for Registered Users
IF YOU ACCESS ANY SERVICE THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USERNAME AND PASSWORD, THEN IN ADDITION TO THE PROVISIONS OF THE POPEYEANDCLOUDY.COM GENERAL TERMS OF SERVICE AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.
You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access.
POPEYEANDCLOUDY.COM employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact POPEYEANDCLOUDY.COM customer service.
POPEYEANDCLOUDY.COM, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). POPEYEANDCLOUDY.COM has no obligation to retain a record of your account or any data or information that you may have stored for your convenience means of your account or the Services.
When using the Services, POPEYEANDCLOUDY.COM may permit you to store data, preferences set you, content or other information for your convenience, but POPEYEANDCLOUDY.COM is under no obligation to retain any such data, preferences, content or other information, including, without limitation, any coupon that you may have stored.
User Generated Content Terms
Please note, however, that advertisements are not deemed User Generated Content and, therefore, are not subject to the terms below, instead, the POPEYEANDCLOUDY.COM Advertiser General Terms and Conditions, POPEYEANDCLOUDY.COM Advertiser Product and Services Terms and internal standards will govern.
POPEYEANDCLOUDY.COM reserves the right, but not the obligation, to refuse to post or remove any User Generated Content in our sole and absolute discretion.
You represent and warrant that you will not post any of the following:
Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
Individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
Reviews submitted the reviewed business’s owners, employees (past or present), agents, affiliates and/or competitors;
Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined POPEYEANDCLOUDY.COM in its sole discretion;
Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
Content that violates any standards or policies of POPEYEANDCLOUDY.COM as determined POPEYEANDCLOUDY.COM in its sole discretion;
Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user’s affiliation with a person or entity;
Content that is not legible, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
Content that intended to annoy, harass or anger other users, (e.g., “trolling”).
POPEYEANDCLOUDY.COM may take measures to remove User Generated Content from the business listing(s) of an advertiser or business who has decided to “opt-out” of the addition of supplemental material to its business listing(s).
If you see objectionable content in the course of your use of the Services, you may report such content to POPEYEANDCLOUDY.COM contacting POPEYEANDCLOUDY.COM customer service or through any other applicable reporting means as provided through the Services. POPEYEANDCLOUDY.COM reserves the right to address such requests in any manner in its sole discretion.
Intellectual Property Policy
What is a Copyright?
A copyright is an exclusive legal right given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. Some examples of copyrightable material include, but are not limited to: photographs, articles, paintings, advertisements, and computer software. A copyright is distinct from a trademark (see below: What is a Trademark?).
It is important to note that POPEYEANDCLOUDY.COM does not determine copyright ownership. We will remove content, as required law, from our site if we receive a complete and valid takedown notice. The party whose material has been removed then has the ability to respond with a counter notice. If and when we receive a valid counter notification, we will forward it to the person who submitted the original takedown request. If the dispute continues, it will be up to the two parties to settle the issue.
POPEYEANDCLOUDY.COM respects the copyright of others and we expect our users to do the same. POPEYEANDCLOUDY.COM has adopted a policy towards alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). We reserve the right to remove, suspend, terminate access, or take other appropriate actions against users or third parties that we believe, in good faith, to be infringing copyrighted material.
To File a Copyright Complaint
If you believe that any material on or accessible through the POPEYEANDCLOUDY.COM website or service infringes a copyright, pursuant to section 512(c)(3) of the DMCA, please send us a copyright complaint email containing the following necessary information to our Designated Agent,
Identification of the copyrighted work(s) or material(s) claimed to be infringed;
Identification of the material that is claimed to be infringing, or to be the subject of allegedly infringing activity and that is to be removed, and information reasonably sufficient to permit us to locate and verify the material;
Your contact information sufficient for us to identify you, including: name, and address, telephone number and/or email address. If you are not the owner of the copyrighted material that has been allegedly infringed, please describe your relationship to the copyright owner;
Include the following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized the copyright owner, its agent, or the law.”;
Include the following statement: “The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”; and
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
After Properly sending a Copyright Complaint to Designated Agent
It is our policy to: (1) remove or disable access to the allegedly infringing work or material; (2) notify the content provider, member, or user that we have removed or disabled access to the work or material; and (3) in the case of repeat infringers, remove the allegedly infringing material and terminate such content provider’s access to the service
Please note that, if we take action on your request, our notification to the content provider, member or user includes a complete copy of your Copyright Complaint (which may include your name, address, phone and email address). If you do not wish that your contact information be provided, you might want to consider using an agent to report the Complaint on your behalf.
If you believe your material which was removed is either not infringing or you believe you have the right from the copyright owner, the copyright owner’s agent or pursuant to the law to post such material, you must submit a counter-notice containing the following information to the Designated Agent listed below:
Identification of the material that was mistakenly removed or disabled from access, in writing;
A description that reasonably identifies the material that has been removed, or to which access has been disabled, and the location of the material prior to its removal;
Your name, address, telephone number and email address;
Include the statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled from access as a result of mistake or misidentification of the material to be removed or disabled.”;
Include the statement: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or any judicial district in which the service provider may be found, and I will accept service of process from the person who provided the notification under Section 512(c)(1)(C) or an agent of such person.”; and
A physical or electronic signature of the content provider, member or user.
If we receive a valid counter-notification, we may send a copy of such notice to the original complaining party informing them that we may restore the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days, or more, after receipt of the counter-notice.
When appropriate, we will terminate a repeat infringer’s access to its accounts. If you believe that a user is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user is a repeat infringer.
Please contact POPEYEANDCLOUDY.COM’s Designated Agent to Receive Notification of Claimed Infringement at our contact us page.
What is a Trademark?
A trademark is a word, slogan, symbol or design that distinguishes the products or services offered one party from those offered others. The main function of a trademark is to prevent confusion between consumers as to the origin of a certain product or service. An individual or company may receive protection for its trademark through registration with a recognized trademark office; however registration is not required to create trademark rights. A trademark is different than a copyright and it is important to note that the takedown provisions in the DMCA do not cover alleged trademark infringements.
To File a Trademark Complaint
To report a claim of trademark infringement, please provide the following items:
Your complete contact information, including: full name, telephone number, address and email. If you are not the owner of the trademark that has allegedly been infringed, please describe your relationship to the trademark owner;
The specific word, symbol, etc. to which you claim trademark rights;
The basis of your trademark rights, including, if applicable, the application or registration number;
The country in which you claim trademark rights;
The products and/or services covered your claimed trademark rights;
Identification of the material that is claimed to be infringing, including information regarding the location of the allegedly infringing materials that you seek to have removed, with sufficient detail so that we are capable of finding such material. The easiest way to do this is to provide a URL which leads directly to the allegedly infringing content;
A statement detailing why the use of the trademark(s) at issue in the allegedly infringing materials creates consumer confusion as to source, origin, affiliation or endorsement;
A statement representing that the trademark(s) at issue was registered and/or in use prior to the alleged infringement;
The following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”; and
Your electronic or physical signature.
If we receive all of the above requested information, we will process your claim and consider whether to remove the allegedly infringing material. If we remove the content, we will issue a warning to the party that posted the content alerting them the material was removed due to a claim of trademark infringement. We may provide them with your contact information, including your name and email address. If they believe the content was improperly removed, they will be encouraged to contact you directly to resolve the issue. If you do not wish that your contact information be provided, you might want to consider using an agent to report the Complaint on your behalf. In some cases, the removed material may be restored and you will be notified.
If we determine that a user is a repeat infringer, we will, in our discretion, remove access to that user’s account.
Electronic Commerce Terms
You, whether personally or on behalf of the entity for whom you are acting as an authorized signatory (collectively, “you” or “your”), are purchasing certain of POPEYEANDCLOUDY.COM’s products or services (each, a “Product” or “Service”). Such purchase is subject to the applicable terms provided and identified below (“Terms”).
BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.
Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereirrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms.
Electronic Transactions. You agree that all business pursuant to these terms may, in the sole discretion of POPEYEANDCLOUDY.COM, be conducted electronically. We will charge your credit or debit card for amounts you incur in purchasing Products or Services. These charges may be conducted as automated clearing house transfers or such other means as we in our sole discretion determine to be appropriate or advisable. You agree that you will be bound the NACHA Operating Rules as such rules are amended from time to time. Without limiting the foregoing, you make all representations and warranties of a receiver under the NACHA rules whenever you initiate or authorize an ACH debit to your bank account. The NACHA Operating Rules are available at https://www.nacha.org/achrules.