Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on March 31, 2008.
This Terms of Use Agreement sets forth the standards of use for the Popdeck.com (“Popdeck”) Website owned by Popdeck LLC. By using Popdeck you (“User”) agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to abide by the terms and conditions of this agreement and all applicable laws, you are not authorized to use the Website and should immediately stop using the Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications posted on Popdeck, shall become effective immediately. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
You affirm that you are either 18 years of age or older, or an emancipated minor, or are over 13 years of age and possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
User Agreement
Use of Popdeck is solely for your personal, noncommercial use; (i) you will not copy or distribute any part of the Website in any medium without Popdeck’s prior written authorization; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use.
In your use of Popdeck, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consents. Popdeck reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Popdeck LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement. Reports should be made via email to:
Disclaimer of Warranties.
The site is provided by Popdeck LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Popdeck LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Popdeck LLC shall have no liability for any interruptions in the use of this Website. Popdeck LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, and in those jurisdictions the above-referenced exclusion is inapplicable.
Indemnification
You agree to defend, indemnify and hold harmless Popdeck LLC, and any parent, subsidiary, assignee, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Popdeck LLC, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
User Submissions
The ideas, suggestions, opinions, comments, and observations made by Popdeck users, and any text, data, graphics, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by Popdeck LLC, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission.
By submitting your User Submissions to Popdeck, you hereby grant Popdeck LLC a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Popdeck LLC’s or its successor’s business, including without limitation for promoting and redistributing part or all of the Website and derivative works thereof in any media now known or hereafter developed.
If you choose to post User Submissions on Popdeck, we require that you adhere to the Rules of Conduct listed below and that your use of Popdeck reflects your respect for the legal rights of users connected with Popdeck.
Popdeck LLC reserves the right to remove Content and User Submissions in its sole discretion and without prior notice.
Rules of Conduct
The following Rules of Conduct apply to your use of the Website and to any and all materials you post on Popdeck whether the User Submission is included in profiles, comments, or any other portion or feature of Popdeck.
You may not, in connection with the Website:
Solicit personal information from anyone under 18;
provide false or deceptive information; or
allow usage by others in such a way as to violate Popdeck’s Terms of Use.
Upload, post, email or otherwise transmit any User Submission includes, but that is not limited to, material that:
is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
infringes or violates any patent, copyright, trademark, trade secret or other property right;
breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
violates or encourage others to violate any applicable law, statute, ordinance or regulation;
promotes software or services that deliver unsolicited e-mail; or
contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Popdeck LLC’s express advance authorization or in a specially designated area, use the Website to:
Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
engage in commercial activities within Popdeck;
use Popdeck content to engage in commercial activities; or
delete, add to, or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so.
Design Submissions
Design submissions are User Submissions that contain graphics or text that are intended for submission into the contest. They are a subset of User Submissions. The same rules of conduct governing User Submissions apply to Design Submissions.
Eligibility: You must be at least 18 years old to enter. Popdeck is unable to accept designs from residents of Florida or Rhode Island.
Design submissions must use five colors or less.
All designers must be aware of the copyright laws and must ensure that they have the legal right to use all works on which they have based their design submission. Design submissions based on clipart, stock photography, or stock artwork are not considered original works. If you have submitted any work which is not your own, or which borrows elements or design concepts from others, the rightful owner of those works may be notified. As a result, you could be subject to severe legal penalties including the payment of actual damages, lost profits, statutory damages and lawyer's fees, whether the original work included a copyright notice or not.
By submitting your design submission, in the event your design is chosen for production, you agree that all copyright and all other Intellectual Property rights will be automatically assigned from you to Popdeck LLC.
If your design submission is picked for production, you grant Popdeck LLC the exclusive rights to use, publish, reproduce, distribute, display, and create derivative works of your design submission on its skateboards and other products in perpetuity in the universe. In consideration, you receive a one time prize award and one skateboard with your design on it.
Prior to the time the winning design submission is announced, you may withdraw your design submission from the website.
Popdeck LLC is not obligated to choose a winning design submission. Approximately every two weeks, the winner of the regular contest is decided by a formula using average rating and number of votes, as well as Popdeck LLC’s own discretion. Special contests determine the winner in the same way, but with different submission deadlines, and with the sponsor giving input as to which board they feel best matches its theme. The winning design submission’s creator will be notified by email. Popdeck LLC will need the winner to send them a vector/print ready art work file in .psd or .ai format.
Currently, the prize reward of the regular contest is a one time payment of $200, which is subject to change. If a change is made in the prize money, it will be announced on the website. Special contests may have different prize awards that are announced on the website.
Payment of the prize money will be sent to the winning design submission through either Paypal or the USPS mail. Payment will be made within ten days of the announcement of the winner through Paypal or sent within fifteen days of the announcement of the winner via a check through the USPS mail provided that the design submission’s creator has specified in an email to Popdeck LLC which way he or she would like to receive payment, along with correct Paypal information or a correct address to direct the payment.
The creator of the winning design submission receives a skateboard produced with his or her design. The skateboard is shipped out via the USPS within fifteen days of the announcement of the winning design submission provided that the winner has given Popdeck LLC a correct address for receipt of the skateboard. Also, twenty limited edition boards are produced with the winning design and sold on Popdeck. All proceeds from sales of the limited edition skateboards go to Popdeck LLC. All boards are printed on 7-ply Canadian Maplewood and are 7 3/4 inches in width. In addition, Popdeck LLC proudly has all of its boards produced in the United States.
Winners of special contests will receive their prizes through Popdeck LLC in the same manner and time period listed above.
Termination
Popdeck LLC may, under certain circumstances and without prior notice, immediately terminate your Popdeck account and access to the Website and any other Popdeck services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Popdeck product. Termination of your Popdeck account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Popdeck LLC’s sole discretion and that Popdeck LLC shall not be liable to you or any third party for any termination of your account or access to the Website.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Popdeck LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Popdeck LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © Popdeck LLC 2008, with all rights reserved, or is the property of Popdeck LLC, and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Popdeck LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy web pages or the content contained therein without prior written permission of an authorized Member or Manager of Popdeck LLC.
Popdeck™ and Popdeck.com™ are proprietary marks of Popdeck LLC. Popdeck LLC’s trademarks may not be used in connection with any product or service that is not provided by Popdeck LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Popdeck LLC.
All other trademarks displayed on the Popdeck website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Popdeck LLC or Popdeck.com.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Popdeck LLC, in its sole discretion, to a third party. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Violations of These Terms of Use
Please report any violations of the Terms of Use, including objectionable User Submissions or Design Submissions. Please state the reasons for your concern and provide a link to the User Content. Upon receiving such a report of a possible violation, Popdeck LLC in its sole discretion may investigate the matter and take such action as Popdeck LLC determines to be appropriate. Reports should be made via email to: