Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the Pop Arazzi® website, pop-arazzi.com, and any content, products, or services offered on the Website (collectively, the “Services”).
Please read these Terms carefully before using our Services. By accessing or using the Services, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.
We may modify these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Website and changing the “Last Updated” date. We encourage you to check back frequently to stay informed of updates. Your continued use of the Services after any modifications indicates your acceptance of the updated Terms.
Use of the Services
Eligibility
To access or use the Services, you must be at least 18 years old (or the age of majority where you live). By accessing the Services, you represent and warrant that:
- You are at least 18 years old
- All information you submit is truthful and accurate
- You will maintain the accuracy of your information
- Your use of the Services does not violate any applicable laws or regulations
Website Content
The Website and its contents are intended for informational purposes only. We make no representations or warranties about the accuracy or completeness of Website content. We will not be liable for any errors or omissions in Website content.
All product names, logos, designs, images, videos, and other content displayed on or through the Services are our property or the property of our licensors and suppliers. You may not use our content without our express written permission.
User Content
You are responsible for any material that you upload, post, email, transmit, or otherwise make available on the Services (“User Content“). You represent and warrant that your User Content is original to you and that you exclusively own or properly license all rights in it.
We do not claim ownership of User Content. However, by sharing User Content through the Services, you grant us a worldwide, royalty-free, transferable license to use, copy, modify, distribute, publicly display, and publish the User Content solely for the purpose of displaying, distributing, and promoting your User Content. You can end this license anytime by deleting your User Content.
You are solely responsible for your User Content and the consequences of sharing it. We are not responsible or liable for any User Content or the use or misuse thereof.
Accounts and Passwords
To access certain features, you may be required to create an account and select a unique username and password. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Prohibited Content and Uses
You may not access or use the Services to post or otherwise make available any content that:
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right
- Is illegal, fraudulent, deceptive, or unethical
- Promotes hate, violence, or discrimination
- Is defamatory, threatening, abusive, harassing, or invasive of privacy
- Is false, misleading, or inaccurate
- Contains viruses or harmful code
You also may not:
- Violate applicable laws, regulations, or these Terms
- Access or tamper with non-public areas of the Services
- Attempt to interfere with or compromise the proper functioning of the Services
- Misrepresent your identity or provide false information
- Engage in unauthorized scraping or harvesting of content
- Reverse engineer any aspect of the Services
We reserve the right to remove any prohibited User Content and block repeat offenders.
Reservation of Rights
All rights not expressly granted by these Terms are reserved. The Services and all materials contained therein are protected by copyrights, trademarks, service marks, trade secrets, patents, and/or other proprietary rights and laws.
Except as expressly authorized, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services without our prior written permission.
Intellectual Property
All content included on our Website and associated products such as text, graphics, logos, images, compilation, web pages, artwork, a/v works are the property of Pop Arazzi® and protected by U.S. and international copyright laws. The compilation of all content on this site is the exclusive property of Pop Arazzi® and protected by U.S. and international copyright laws.
If you make modifications to or derivative works based upon our Website and associated products, you grant Pop Arazzi® a worldwide, royalty-free, and perpetual license to copy, reproduce, display, redistribute, reuse, remix, modify, publish, translate, prepare derivative works based upon, transmit, and distribute such modifications or derivative works on our Website and associated products.
User Accounts
When you create an account on our Website, you agree to maintain accurate, complete, and up-to-date information. Failure to do so will result in the termination of your account. You are responsible for safeguarding your password. Do not disclose your password to any third party and take sole responsibility for any activities or actions taken under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Purchases and Payments
If you wish to purchase any products or services made available through the Services (“Purchases”), you may be asked to supply certain information relevant to your Purchase, including your credit card number. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE. By submitting such information, you grant us the right to provide the information to payment processing services to complete the Purchase.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product availability, errors in product information, or issues identified by our credit and fraud avoidance department. We reserve the right to refuse or cancel your order if fraud or unauthorized use is suspected.
Shipping and Delivery
When you purchase a physical product through our Services, we will arrange for shipment of the product to you. Please review the estimated delivery date and other relevant shipping details. We make every effort to ensure timely delivery of your Purchase, but we do not guarantee delivery by a specific date and are not responsible for shipping delays.
Returns and Refunds
If you are not fully satisfied with your Purchase, please see our Returns and Refunds Policy to initiate a return and receive a refund. If your return is not in accordance with our Returns and Refunds Policy, we reserve the right to refuse or decline your return.
Content and Service Accuracy
While we make reasonable efforts to provide accurate product images, descriptions, and other content on the Services, we do not warrant or guarantee the accuracy, completeness, or reliability of any content. The product images, descriptions, and other content provided on the Services are for informational purposes only. You acknowledge and agree that errors may occur with respect to product information and prices. In the event of any errors, we reserve the right to correct such errors and you agree to cooperate in rectifying any inaccuracies. If a product you purchased is listed at an incorrect price, we may, at our discretion, either contact you for instructions or cancel your order and provide you with a refund.
Third-Party Websites and Content
The Services may contain links to or integrations with third-party websites, products, or services. We are not affiliated with and do not endorse or sponsor any third-party websites, products, or services that may be accessible through links on our Website or that interoperate with our Services through an API, widget, or other integration. If you access any such third-party site, product, or service, you do so at your own risk.
We are not responsible for the availability, accuracy, or legality of any content, products, or services contained on or accessible through any third-party websites or services. The inclusion of links, content, products, or services from or to third-party sources does not imply our endorsement or sponsorship. When you leave our Website and access third-party sites, you are no longer bound by this Privacy Policy or our Website Terms and Conditions. We encourage you to review the privacy policies and terms of use for all third-party sites.
Warranty Disclaimers
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM US OR OUR PERSONNEL CREATES A WARRANTY OF ANY KIND.
Limitations of Liability
IN NO EVENT WILL POP ARAZZI®, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOST PROFITS OR DATA, SERVICE DISRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED.
UNDER NO CIRCUMSTANCES WILL POP ARAZZI® BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEEDING THE FEES PAID BY YOU FOR ACCESS TO THE SERVICES IN THE PRIOR YEAR.
CERTAIN STATE LAWS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You will defend, indemnify, and hold harmless Pop Arazzi®, our affiliates, licensors, and service providers, and our and their respective directors, officers, employees, contractors, agents, licensors, and suppliers from any losses, liabilities, damages, claims, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- Your use of the Services
- Your User Content
- Your violation of these Terms
- Your violation of applicable laws, rules, or regulations
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate as fully as reasonably required in our defense of any claim.
Dispute Resolution and Arbitration
Should any controversy arise between Pop Arazzi® and you, we encourage you to contact us to resolve the dispute. Any claim or dispute arising out of or relating to these Terms or our Services must be resolved in California state court located in San Francisco County or the federal district court for the Northern District of California. You consent to jurisdiction and venue in those courts.
Any claims filed against Pop Arazzi® must be made as an individual (non-class) claim. Under no circumstances shall you pursue any claim against Pop Arazzi® on a class or consolidated basis or in a representative capacity. All arbitrations under these Terms shall be administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator’s award shall be binding and final, and judgment on the award rendered may be entered in any court with jurisdiction.
Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If any provision is deemed unenforceable or invalid by court decision, the remaining provisions will remain in effect.
Changes and Updates
We reserve the right to modify or terminate the Services and to modify these Terms at any time without notice. We encourage you to review these Terms periodically for any updates or changes. Your continued access or use of the Services constitutes your acceptance of any changes. The updated Terms will become effective upon posting.
Contact Us
If you have any questions about these Terms, please contact us at:
[email protected]
EU Users
If you are an EU user, you have certain rights under the General Data Protection Regulations (GDPR) with respect to your personal data, including:
- Right of access
- Right to rectification
- Right to erasure
- Right to restrict processing
- Right to data portability
- Right to object
If you would like to exercise any GDPR rights, please contact us at [email protected]. For more information about Pop Arazzi’s® privacy and data protection practices please review our Privacy Policy.
California Privacy Notice
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Pop Arazzi® or its affiliates to third parties for direct marketing purposes. To make such a request, please send an email to [email protected].
Last Updated
These Terms and Conditions were last updated on January 1, 2020.
