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✹ terms of use

Your use of OnPop in any way means that you accept the following agreement in its entirety. Please read it.
If you do not agree with these terms, please do not use our platform.
We recognize that these obligatory formalities aren’t much fun, but our lawyer got pretty upset when we talked about skipping them, so… Thank you for helping us not get yelled at.

Purchasing products on the platform:

You may purchase products on the website using a valid credit card or the PayPal system.
You are not required to be a member in order to purchase a product.
The price you pay is fixed at the time of ordering.
You may not cancel an order once it has been submitted. It is the customer’s responsibility to ensure the product delivery address is correct. OnPop takes no responsibility for any product the consumer does not receive because of errors in the delivery address given to us.
We do not warrant, endorse, make representations about, or recommend any content or art provided by any partner on the platform.

Membership:

You may join the OnPop community by registering a password protected account with an existing email address that you own. In order to register, you are required to select a username and password. You must become a member in order to access the interactive features of the platform including, but not limited to: saving products to your “favorites” list, posting comments, and messaging other members or partners. OnPop reserves the right to refuse any username it deems inappropriate or offensive and/or refuse any individual from joining as a member.

Any content or information a member publishes to the platform may be viewed, distributed or linked within the website or in the course of delivering the OnPop Service. We hold privacy in the highest regard, and ask you to read our privacy policy if you would like to learn more about how we handle your personal information.

Password protection:

You are solely responsible for actions taken on the platform using your password protected membership account. This includes any products purchased or sold, any content uploaded or posted and any messages sent, even if these actions were not made or authorized by you. Additionally, you are responsible for any loss or damages caused by use of your password by you or anyone else.

You agree to not disclose your password to any other person, and not keep your password anywhere that it can be copied or utilized by anyone else. If you suspect that another person is in possession of your password, you agree to change it immediately.

All intellectual property rights in this website and the OnPop service (including the software and systems constituting the OnPop service, and text, graphics, logos, icons, sound recordings, videos, and software) are owned by or licensed to us. Other then for the purposes of, and subject to the conditions prescribed under relevant copyright and trademark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:

Use adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
Commercialize any information, products or services obtained from any part of this website, without our expressed written permission.

If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).

Reporting inappropriate content to us:

We make our best effort to screen all content that is uploaded to our platform, but occasionally partners may inadvertently or deliberately submit content for upload that breaches this agreement which we do not catch before it is published to the website.

Inappropriate content includes, but is not limited to, content that infringes the copyright of other intellectual property rights of any person or company, or that defames or vilifies any person, people, race, religion, or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. OnPop reserves the right but not the obligation to remove or edit such content.

Please let us know immediately if you encounter any inappropriate or potentially inappropriate content on the website. You can do this by contacting our humans@onpop.io. If you believe your copyright or other intellectual property rights are being infringed, you are welcome to submit a formal complaint by using the form that will be provided by our humans upon your request.

Linked websites:

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those links to websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Specific warnings:

You must ensure that your access to this website and the OnPop Service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website and the OnPop Service does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the OnPop service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the OnPop service or any transmissions by others in violation of the registered member’s obligations as drawn out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them from acting under false pretenses or in a manner that infringes the rights of any person.

Disclaimer:

We do not represent or guarantee that the OnPop Service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the OnPop Service or these websites will be uninterrupted.

You acknowledge that the OnPop Service for this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another entity’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any Partner’s uploads to this platform will be protected against loss, or misuse, or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect, in our sole discretion, to make available content on our website, we do not warrant that it will be available within a certain timeframe.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any link to website, nor do we accept any responsibility for any such losses arising out of your use of or reliance on information contained on or access through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:

If the breach relates to goods:
The replacement of the goods or the supply of equivalent goods;
The repair of such goods;
The payment of the cost of replacing the goods or of acquiring equivalent goods

If the breach relates to services:
The supplying of the services again; or
The payment of the cost of having the services supplied again.

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent that, such liability cannot be lawfully excluded.

Indemnity:

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, and representatives harmless, as well as all third-party printing, manufacturing and/or otherwise fulfilling the product you are purchasing via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of order from:

Your breach of any clause of this agreement;
Any allegation that your activities in connection with the website infringe or otherwise violate copyright, trademark, trade secret or other intellectual property or other rights of any third-party.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

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