Terms and Conditions

Terms of Use

1. Welcome

Welcome to the Popdeem website (the “Site”) provided to you by Somnium LTD. (which will be referred to herein as either “Popdeem”, “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us in order to provide you a much easier way to engage and reward your biggest social advocates inside of your existing loyalty programs. These Popdeem Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.

2. Registration and Access

In order to access the Services, you must first subscribe to use them by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your Popdeem account options page.

Based on the specific package you choose, you may grant account access to additional users in your organization and specify the type of access each user shall have as part of the Services. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each account user will be responsible for the activity that occurs through their account and information shared.

We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at info@popdeem.com.

3. Fees and Billing

By opening a subscription-based paid account with Popdeem, you agree to timely pay all charges incurred by your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to your credit card or the charge is returned for any reason, Popdeem may suspend or terminate your account.

We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us).

You are responsible for managing your plan, if you wish to cancel your account at any time for any reason, you must email us at info@popdeem.com. Failure to do this before the anniversary date will result in a renewal of the plan for the current period, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability

4. Popdeem BETA Limitations

PLEASE NOTE SOME OF THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.

Furthermore, please note that currently the Services were created with the intent to be used by users in North America, Canada, Europe and Australia. You may use the Services outside of such territories but bear in mind that Popdeem makes no representations that the Service is appropriate or available for such use.

5. Ownership of the Services Provided to You

The underlying platforms of the Services are either the proprietary property of Popdeem or the proprietary property of our licensors or licensees. By subscribing to our Services, Popdeem grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier.

“Popdeem” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to Popdeem. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Popdeem. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.

Please note that Popdeem facilitates companies running campaigns, which as a user you can avail of. As a user, you acknowledge that THE “Owner” is fully responsible for ensuring that their campaigns comply with all applicable rules & regulations in the countries for which it is operating. Popdeem is not responsible for; or liable for the failure of any Campaign Owner to comply with these rules.

“Campaign Owners” must also be responsible for ensuring that their campaign fully complies with all rules & regulations of any social network or Third Party on which is it run. Popdeem will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines.

You acknowledge and agree that Popdeem is not responsible or liable for Campaign Owners use or distribution of information you provide. Please see each Campaign Owners promotion rules, terms and privacy policy for details on how they use your personal information.

As Popdeem can be used on any website in any country, by using Popdeem you acknowledge that you are responsible for compliance with any local laws.

POPDEEM DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.

Popdeem may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Popdeem may use any information you provide consistent with Popdeem and these Terms of Service.

6. Technical Support

Technical support is provided to you by Popdeem via email during regular business hours by sending your technical inquiries to info@popdeem.com. Popdeem shall respond to via email to your support request within a reasonable time-period.

7. Account Content & Use Of Services

You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not:

  • Run a campaign without the intention of awarding a prize or coupon;
  • Ignore Popdeem generated entries by picking an individual winner – unless specifically mentioned in your T&C;
  • Continually extend the end date of a campaign without users agreeing to terms that allow it;
  • Encourage users to break the TOS of an external site;
  • Use or copy campaign images that you do not own the copyright to;
  • Create multiple or false accounts for the purpose of increasing campaign entries or redeeming multiple rewards;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Sublicense to, transfer, network, transmit, distribute, or permit the use of the Service by, any third party without permission;
  • Reverse engineer, decompile, or disassemble any aspect of the Service;
  • Attempt to automate entries with the intent of defrauding the Campaign Owner;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
  • Interfere with or disrupt the Service or other user’s use of the Service;
  • Reproduce, duplicate or copy or exploit any other portion of the Popdeem Site, without the express written permission of Popdeem;
  • Modify, adapt or hack the Popdeem Site or falsely imply that some other site is associated with Popdeem Site;
  • Create multiple accounts after your account has been disabled;
  • Knowingly run campaigns on behalf of users that are already banned for previous TOS violations;

Breach of any of the TOS may result in a permanent account ban or initiate an investigation whereby Popdeem may ask for more information from you (such as communication with winners). During this time any live giveaways inside the account may suffer an interruption until such information is presented.

8. Third Party Applications & Reliability

While the primary purpose of the Services is to aggregate third-party websites, applications, interfaces and other materials (“Third Party Applications“), it should be made clear that Popdeem does not own or control any of these. As Popdeem serves only as the integrator of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while Popdeem monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.

Popdeem also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve Popdeem from any and all liability arising from your use of any Third Party Applications.

You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications.

9. Right to Shut Down, Deny or Limit Access, Remove Content

Popdeem reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, Popdeem reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

10. Your Feedback

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Popdeem, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, Popdeem may use or redistribute any such submission and its contents for any purpose and in any way it deems.

To provide such submissions or feedback, please email info@popdeem.com.

11. No Warranty

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. POPDEEM DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT, AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Liabilities and Indemnities

You shall indemnify and save harmless Popdeem and its directors, officers, employees, representatives, and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Popdeem and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.

THE CUMULATIVE LIABILITY OF POPDEEM FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES OR USE OF THE SITE.

POPDEEM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY POPDEEM OR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Confidentiality and Privacy

We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how Popdeem protects your personal information, please refer to our Privacy Policy.

14. Miscellaneous

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.