Terms & Conditions

Pop the Cork Publishing

Terms & Conditions

Last updated: October 31, 2023

One of the top questions we are asked is whether people can use Pop the Cork Publishing’s poem translations at gatherings, just as one might play Christmas carols. Yes, of course! We encourage the use of the translated poems at holiday parties of all kinds (at schools and town festivals, too)! Our only requirement is that proper credit be given to Sally Veillette, the copyright owner.

On-line services, radio stations and television stations can also play the translated poems during the holiday season (with royalties if used for commercial purposes). Credit must be given to Sally Veillette, the copyright owner. Read our Copyright Policy for more details.

1. Acceptance of Terms

a. Acceptance: By accessing or using Pop the Cork Publishing’s Twas200 App (“the App”) or the www.christmas200.com Website, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, you may not use the App or the Website.

b. Parties: When you access the App or Website, you acknowledge that this Agreement is between you and Pop the Cork Publishing only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.

2. Use of the App or Website

a. Eligibility: You must be at least the age of majority in the state or country where you live and have the legal capacity to enter into a binding agreement to use the App and the Website.

b. Parental Responsibility for Minors: Parents or legal guardians are responsible for supervising and monitoring the activities of individuals under the age of 18 while using our Website or App. By allowing a minor to download the use the Website or App, you acknowledge and accept this responsibility.

c. Devices: To the extent you access the App or Website through a mobile device, tablet, computer, or other device, your wireless service carrier’s or internet service provider’s standard charges, data rates, and other fees may apply.

d. License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App and the Website for your personal, non-commercial use.

e. Restrictions: You agree not to:

   – Copy, modify, distribute, sell, or lease any part of the App or Website.

   – Use the App and the Website for any unlawful purpose or in violation of any applicable laws or regulations.

   – Interfere with or disrupt the operation of the App and the Website or their servers.

   – Attempt to gain unauthorized access to any portion of the App or Website.

f. Fees: If you select a portion of the App or the Website for which a fee applies, you agree to pay the applicable fee when you subscribe. To add additional languages or services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.

g. User Accounts: As a user of the App, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information and password. You are also responsible for all activities that occur under your account.

h. Security: If you think there are any possible issues regarding the security of your account on the App, inform us immediately so we may address them accordingly.

i. Feedback: We welcome your feedback and suggestions about how to improve the App and Website. You can submit feedback through our Contact page. By submitting feedback, you agree to grant us the right to use it for free.

j. Termination: We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion, at any time, for any reason, without notice. No refund will be issued at termination. We may terminate your account if you violate these Terms & Conditions or for any other reason. You may close your account at any time by going to Profile settings on the home page and disabling your account.

3. Intellectual Property Rights

a. Ownership: The App, the Website and all their contents, including but not limited to text, graphics, logos, images, and software, are owned by Pop the Cork Publishing and protected by intellectual property laws.

b. Trademarks: All trademarks, service marks, translations, audio, illustrations, and logos used in the App and on the Website are the property of Pop the Cork Publishing or their respective owners, affiliates, directors, officers, employees, agents, suppliers or licensors. You may not use any such materials without the prior written consent of Pop the Cork Publishing.

4. User Content

a. License: By submitting any content to the App, including but not limited to reviews, comments, illustrations, translations, audio recordings or suggestions, you grant Pop the Cork Publishing a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, display, reproduce, modify, adapt, publish, translate, distribute, transmit, and broadcast such content.

b. Responsibility: You are solely responsible for the content you submit to the App. You agree not to submit any content that is unlawful, offensive, or infringes upon the rights of others.

5. Privacy

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal information.

6. Governing Law and Jurisdiction

By using this App and this Website, you agree that the laws of the state of Washington, United States, without regard to any conflict of law provisions, will govern these terms and conditions, or any dispute of any sort that might come between Pop the Cork Publishing and you, or its business partners and associates.

7. Use Outside of the United States

Pop the Cork Publishing expressly disclaims any representation or warranty that the App and the Website complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the App or Website.

8. Disputes

Your sole remedy for dissatisfaction with the App is to stop using the App. Any dispute related in any way to your use of this App or to products you purchase from us shall be arbitrated by state or federal court in the state of Washington, United States, and you consent to exclusive jurisdiction and venue of such courts.

9. Severability

In the event that any part of these terms is found to be invalid or unenforceable, the validity and enforceability of the remaining parts will not, to the extent permitted by law, be affected.

10. Limitation of Liability

a. Disclaimer: The App and the Website are provided on an “as is” and “as available” basis without any warranties, express or implied. We do not guarantee that the App or the Website will be uninterrupted, error-free, or secure.

b. Limitation of Liability: In no event shall Pop the Cork Publishing be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the App. To the extent permitted by law, neither Pop the Cork Publishing, nor any person involved in the creation or delivery of the App and the Website or their services, is any way liable (whether under contract, tort, or otherwise) for any:

• Direct, indirect, incidental, special, exemplary, or consequential damages

• Damage to hardware

• Damage due to computer virus

• Emotional distress

• Loss of profit, business, or business opportunity

• Loss of data

• Loss of goodwill or reputation

• Cost of substitute products or services

• Costs relating to telephone or internet use

11. Indemnification

You agree to indemnify and hold Pop the Cork Publishing and its officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses, including attorney’s fees.

12. Notice for California Users

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The App and the Website are provided by Pop the Cork Publishing located in Seattle, Washington. If you have a question or complaint regarding them, please contact us through our Contact page. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

13. Changes to these Terms

Pop the Cork Publishing reserves the right to amend the Terms & Conditions at our discretion and at any time. When we make changes to the Terms & Conditions, we will post the updated notice and update the notice’s effective date. Your continued use of our App or Website following the posting of changes constitutes your acceptance of such changes.

14. Contact Us

If you have any questions or concerns about these Terms & Conditions, please reach out through our Contact page.