Effective Date: June 11, 2019
Thank you for using poptix.com (together with its related newsletters, social media accounts, and mobile applications, the "Site"). By using the Site in any way, you agree to be bound by these Terms and Conditions (the "Terms") that govern the contractual relationship between you and the owner of the Site, PopTix LLC (the "Company"). As used in these Terms, "you" refers to the user or viewer of the Site. If you do not agree to these Terms in full and without modification, then you may not access the Site in any way.
The Company may modify or replace these Terms at any time by revising this document as posted on the Site. The effective date of the latest modification will be posted at the top of the Terms. You agree to be bound by the most recent version of the Terms found on the Site.
(a) We ask that all visitors use the Site in a way that is respectful to others and lawful. Specifically, you represent, warrant, and covenant that you:
(b) We grant you a limited, revocable, non-transferable, non-exclusive, personal license to use the Site for its ordinary uses, including the browsing and purchasing of products (the "License"). Your License and your User Account (as defined in Section 2 of these Terms) may be terminated, suspended, or limited at any time, and without notice, by the Company for any breach of this Agreement. In addition, the Company reserves the right to suspend, disable, delete, or modify the Site or any of its features at any time, without notice.
(a) Although not required, you may register for an account on the Site (the "User Account"). To create a User Account, you will need to provide a unique username and password. You agree to keep your username and password confidential at all times. You further agree to be responsible for all activity, including purchases, which originate from your User Account.
(a) You may be permitted to upload images, text, videos, and other content to the Site (collectively, "User Content"). User Content may be accessible to the public or others with User Accounts and you agree that the User Content will not be held confidential.
(b) You agree to be responsible for all User Content. You represent and warrant that you own all of the rights to the User Content and that the User Content does not in any way infringe on the rights of any other person.
(c) By submitting User Content, you grant us a non-exclusive, royalty-free, freely sublicensable, perpetual, irrevocable, license to display, perform, distribute, modify, compile, transmit, translate, format, sublicense, and otherwise use or exploit (including for profit) your User Content without any royalty or fee due to you and without any other permission needed or credit given.
(a) All content (other than the User Content) found on the Site is owned by the Company or its third party licensors. The Company reserves all rights and interest in and to the Site and all content posted therein. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. You agree not to modify, reproduce, sell, sub-license, make derivatives of, or otherwise use any of the content of the Site. Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the content may be retransmitted without our express, written consent for each and every instance.
(b) Without limiting the generality of Section 4(a), the trademarks, service marks, and logos of PopTix (the "PopTix Trademarks") used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with PopTix Trademarks, the "Trademarks"). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of PopTix Trademarks inures to our benefit.
(a) The Site has available for purchase various products (collectively, the "Products").We work hard to provide accurate descriptions of the products. However, we cannot guarantee the accuracy of Product descriptions and the descriptions and images are subject to change without notice. In addition, you acknowledge that jewelry may appear differently based upon lighting and other photographic conditions.
(b) All purchases may be completed online through the use of third party payment processing services, which may include (but is not limited to) Braintree (the "Processors") utilized by the Company. The Company and the Processors may receive updated credit card information from your credit card issuer or bank. Such updated information is provided at the discretion of your credit card issuer. Neither the Company nor the Processors shall be responsible for any distribution of your credit card information. You agree to be bound by the Terms and Conditions of any Processors utilized by the Company.
(c) You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize the Company to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details. Our Processors may enforce the rights of this Section 5(c).
(d) You agree to be solely responsible for any taxes, fees, or tariffs for any purchases you make through the Site. We (or our Processors) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
(e) We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any Product at any time.
(f) We reserve the right to refuse, cancel, or limit any order you place with us.
(g) Pricing and availability for our products are subject to change at any time without notice.
(h) While browsing the Site from the United States or other countries or regions, as applicable and supported, you will see product pricing reflected in U.S. dollars. You will only be able to make payment for purchases in U.S. dollars.
(i) Our policies regarding shipping, returns, and international orders can be found on the Website and are hereby incorporated by reference.
(a) If you create a User Account or submit your email address to the Site, you may be sent the Site's email newsletter from time-to-time. You may opt-out of the newsletter by following the unsubscribing instructions found at the bottom of any newsletter email.
(a) THE COMPANY PROVIDES THE SITE, INCLUDING ALL CONTENT AND USER ACCOUNT FOUND THEREIN, ON AN "AS IS," "WHERE IS," AND "WITH ALL FAULTS" BASIS. THE COMPANY PROVIDES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS. THE COMPANY MAKES NO GUARANTEES OR WARRANTIES AS TO THE TRUTH, ACCURACY, USEFULNESS, SUITABILITY, TIMELINESS, PERFORMANCE OR COMPLETENESS OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THE SITE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
(b) THE COMPANY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR DAMAGES, LIABILITIES, INJURIES, OR LOSSES WHATSOEVER RESULTING FROM YOUR USE OR RELIANCE ON THE SITE OR ANY OF THE PRODUCTS, WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, SPECIAL, PUNITIVE OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE PREVIOUS SENTENCE, IN NO CASE SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE SUM OF $100.00.
(a) We actively screen for fraudulent transactions in order to protect our users. We reserve the right to refuse to process any order if we suspect fraud or misuse of financial information.
(c) You may not assign these Terms under any circumstance. The Company may freely assign these Terms in the case of a merger, sale, restructuring, or reorganization of the Company.
(d) In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, the remainder of the Terms shall continue in full force and effect to the maximum extent permitted by law. Such determination shall not affect the validity and enforceability of any other remaining provisions.
(e) The failure or delay of either party in exercising or enforcing any right, power, prevision or privilege under the Terms shall not operate as a waiver.
(f) These Terms will be governed and construed in accordance with the laws of the State of New York. Any dispute arising hereunder, or related to the terms hereof, will be brought exclusively in the courts of the State of New York. The Site has been designed to comply with the laws of the state of New York and of the United States. If any material on the Site, or your use of the Site (including the purchase of any Products), is contrary to the laws of the place where you are when you access the Site, then the Site is not intended for you, and you agree not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
(g) We encourage your comments and questions. You may contact us any time via email at email@example.com. If you do contact us, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without any compensation or attribution to you, and without any further required consent.