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TERMS OF SERVICE

By using the PopShoppes services owned and operated by PopShoppes, LLC ("PopShoppes"), you agree to be bound by the following terms of service, as well as any other guidelines, rules and additional terms referenced herein, and rules are hereby incorporated herein by this reference (collectively, “Terms of Service”).

 

Description Of Services

PopShoppes services which are located at http://www.PopShoppes.com and at associated pages managed by PopShoppes located within facebook.com (the “PopShoppes Site”), helps users find and organize content around the web and participate in active online communities with other fans who share the same interests (“PopShoppes Service”). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the PopShoppes Site and PopShoppes Services. Please read these Terms of Service carefully. Your access to or use of the PopShoppes Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the PopShoppes Service.

 

Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a PopShoppes member or use the PopShoppes Site and PopShoppes Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the PopShoppes Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service.

Membership in the PopShoppes Service is void where prohibited by applicable law, and the right to access the PopShoppes Site is revoked in such jurisdictions. By using the PopShoppes Site and/or PopShoppes Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.

In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), PopShoppes will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age. Please see our Privacy Policy for additional information or how to notify us of any concerns in this regard.

Changes to the Agreement or the PopShoppes Services

You agree and understand that these Terms of Service, the PopShoppes Site and the PopShoppes Services may be modified by PopShoppes at any time without prior notice, and such modifications will be effective upon PopShoppes' posting of the new terms and/or upon implementation of the new changes on the PopShoppes Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the PopShoppes Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by PopShoppes, any new features, new services, enhancements or modifications to the PopShoppes Service implemented after your initial access to the Service shall be subject to these Terms of Service.

 

Online Shopping

PopShoppes offers the opportunity to purchase products online through the PopShoppes Site. All purchases are subject to the terms and conditions of these Terms of Service and any additional requirements shown on the product or checkout page or in the FAQ. Customers must be over age 18 with a valid credit card. Web site visitors under age 18 cannot make purchases. When a customer places an order, we collect information associated with the transaction in accordance with PopShoppes’s Privacy Policy.


Prices: Prices of products and shipping and other charges displayed on this site may be changed at any time without notice. Stated prices do not include shipping and handling or taxes. You are solely responsible for any sales, local or similar taxes and duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes imposed on any products ordered by you. All prices are stated in United States dollars.

Charges: If you purchase by credit card, we may authorize the amount of your purchase with your credit card issuer at the time you place your order.

 

Availability: We cannot guarantee availability of product, even if our site shows that a particular product is available. We may not have all products or product lines available online and we may discontinue products or change prices at any time.


Products Purchased Elsewhere: We cannot guarantee that products shipped from retailers other than PopShoppes will not be damaged during shipment. If you received damaged goods from another store or Internet retailer, please report any damages directly to that company. Please do not report these damages to PopShoppes.

Returns/Defective Products: PopShoppes accepts returns only of defective products originally purchased from PopShoppes. You must contact PopShoppes before returning any product to obtain a return authorization. You may return for a refund of the purchase price or replacement (at PopShoppes’ option) any defective product you purchased within 14 days of receipt of the product. PopShoppes reserves the right to inspect any returned product and determine if it is defective. PopShoppes will not refund the original shipping charges or pay for return shipping.

 

To return a product, please contact us at:

Customer Support
PopShoppes
269 S. Beverly Drive, #700

Beverly Hills, CA 90212

(800) 278-1760

info@popshoppes.com

Orders: We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If your credit card has already been charged for an order at the time it is rejected, declined or cancelled, we will issue a credit to the credit card account which was charged.

 

Shipping/Risk of Loss: We will ship your order to the address you provide in compliance with these Terms of Service. You are solely responsible for any inaccurate or incomplete shipping information. All items purchased from the PopShoppes Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In the event your order is lost during shipping, we will assist you in pursuing a claim with the shipper, but will not be liable for any orders which are lost during shipping or misdelivered.

Facebook, Instagram, Twitter, Vimeo and Other Social Media Sites

To participate in the PopShoppes Site and PopShoppes Services, you may need to establish and maintain an active account on Facebook, Instagram, Twitter, Vimeo and/or other social media sites. In addition to these Terms of Service, your use of the PopShoppes Site web pages located on facebook.com and/or your use of any other social media site to communicate with PopShoppes or participate in the PopShoppes Services is subject to all of the terms and conditions and privacy policy applicable to any user of such social media site. Please consult the social media site for information regarding the applicable terms and policies. You accept the sole responsibility for your access to and use of Facebook, Instagram, Twitter, Vimeo and any other social media sites.

 

Registration and Security

In order to use or access some of the PopShoppes Services, you may be required to register with PopShoppes and to select a password and user name. If you register, you agree to provide PopShoppes with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. PopShoppes reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the PopShoppes Service shall be for your personal use only. You agree to (a) immediately notify PopShoppes of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.

 

Use of the Site/Services by Members

You may invite people you know to join PopShoppes. You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the PopShoppes Service ("Content"), and other items displayed on the PopShoppes Site, for your own use, provided that you maintain all copyright and other notices contained in such Content. PopShoppes does not control the Content posted by third parties via the PopShoppes Service, including the content of any messages, comments or postings, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the PopShoppes Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PopShoppes be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the PopShoppes Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. PopShoppes reserves the right, in its sole discretion, to edit and delete links or content that we deem offensive and non-compliant with our terms of service. PopShoppes also reserves the right to append or edit links submitted by users with our affiliate marketing tags. Links submitted by users with their own affiliate codes will be modified accordingly.

 

Restrictions on Rights to Use

You shall not (and you agree not to allow any third party to):

  • modify, adapt, translate, or reverse engineer any portion of the PopShoppes Site and/or PopShoppes Service;

  • remove any copyright, trademark or other proprietary rights notices contained in or on the PopShoppes Site and/or PopShoppes Service;

  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the PopShoppes Site and/or PopShoppes Service;

  • collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share with other PopShoppes users or members;

  • reformat or frame any portion of the web pages that are part of the PopShoppes Site and/or PopShoppes Service;

  • create user accounts by automated means or under false or fraudulent pretenses;

  • create or transmit unwanted electronic communications such as "spam" to other users or members of the PopShoppes Site and/or PopShoppes Service or otherwise interfere with other user's or member's enjoyment of the PopShoppes Site and/or PopShoppes Service;

  • submit any third party materials or Content without such third party's prior written consent;

  • submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by PopShoppes;

  • submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;

  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

  • use of the PopShoppes Site or PopShoppes Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;

  • copy or store any Content offered on the PopShoppes Site for other than your own use;

  • submit Content or materials that are unlawful or promote or encourage illegal activity;

  • submit false or misleading information to PopShoppes;

  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

  • use the PopShoppes Site and/ or PopShoppes Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or

  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Content Posted By You on the PopShoppes Site.

  • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

  • You understand and agree that PopShoppes may review and delete any Content (posts, links, images, profiles, comments, messages) that in the sole judgment of PopShoppes violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the PopShoppes Site and/or other website users.

  • You are solely responsible for the any Content that you publish or display on the PopShoppes Site or transmit to other members and/or other website users (hereinafter, "Posted Content").

  • You are solely responsible for your ratings and comments on PopShoppes. PopShoppes reserves the right, but has no obligation, to monitor disputes between you and any other person.

  • You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.

  • By posting Posted Content on the PopShoppes Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, PopShoppes, its contractors, and the users of the PopShoppes Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.

  • The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the PopShoppes Site. PopShoppes reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the PopShoppes Service and terminating the membership of such violators or blocking your use of the PopShoppes Service and/or PopShoppes Site. You may not post Content that:

    • is false or intentionally misleading;

    • is patently offensive to users of the PopShoppes Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    • harasses or advocates harassment of another person;

    • involves the transmission of unsolicited mass mailing or "spamming";

    • promotes illegal activities or conduct that is abusive;

    • is threatening, obscene, defamatory or libelous;

    • is pornographic or sexually explicit in nature; and

    • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

 

Copyright Policy

We respect the intellectual property rights of others, and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.

Copyright Dispute Policy

PopShoppes has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of PopShoppes's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.

It is PopShoppes's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.

If you believe that material or Content residing on or accessible through the PopShoppes Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

    2. Identification of works or materials being infringed;

    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that PopShoppes is capable of finding and verifying its existence;

    4. Contact information about the notifier including address, telephone number and, if available, email address;

    5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is PopShoppes's policy:

    1. to remove or disable access to the infringing material;

    2. to notify the Content provider, member or user that it has removed or disabled access to the material; and

    3. that repeat offenders will have the infringing material removed from the system and that PopShoppes will terminate such Content provider's, member's or user's access to the service.


If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

    1. A physical or electronic signature of the Content provider, member or user;

    2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;

    3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

    4. The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which PopShoppes is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.


If a counter-notice is received by the Designated Agent, PopShoppes may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at PopShoppes's discretion.

PopShoppes's designated Copyright Agent to receive notifications of claimed infringement is: Andrew Loren Klamer, 269 S. Beverly Drive, #700, Beverly Hills, CA 90212, email: info@PopShoppes.com, phone: (800) 278-1760.

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to PopShoppes customer service at info@PopShoppes.com. You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.

Contacts With Other Users

If you enter into correspondence or engage in contact or transactions with third parties in connection with your use of the PopShoppes Service, such activity is solely between you and the applicable third party. PopShoppes shall have no liability, obligation or responsibility for any such activity. You hereby release PopShoppes from all claims arising from such activity.

Privacy Policy

Use of the PopShoppes Site and/or the PopShoppes Service is also governed by our Privacy Policy, a copy of which is currently located at http://www.PopShoppes.com/privacy. As set forth above, use of PopShoppes Site and/or PopShoppes Service located on facebook.com also are subject to the privacy policy of facebook.com.

 

Ownership

PopShoppes, the PopShoppes logo, “Signature Formula”, “Soak in Style”, and the Cool button are trademarks of PopShoppes. Except for the Content submitted by members or users, the PopShoppes Service and all aspects thereof, including all copyrights (including all copyrights in the Cool button), trademarks, and other intellectual property or proprietary rights therein, is owned by PopShoppes or their respective owners. You acknowledge that the PopShoppes Service and any underlying technology or software used in connection with the PopShoppes Service contain PopShoppes' proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the PopShoppes Site, or PopShoppes Services in whole or in part except as expressly provided in PopShoppes' policies and procedures made available via the PopShoppes Service. Except as expressly and unambiguously provided herein, PopShoppes and its suppliers do not grant you any express or implied rights, and all rights in the PopShoppes Service not expressly granted by PopShoppes to you are retained by PopShoppes.

 

Warranty Disclaimers

THE POPSHOPPES SITE IS PROVIDED BY POPSHOPPES ON AN "AS IS" BASIS. POPSHOPPES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE POPSHOPPES SITE, POPSHOPPES SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE POPSHOPPES SITE OR IN ASSOCIATION WITH THE POPSHOPPES SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POPSHOPPES DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POPSHOPPES FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE POPSHOPPES SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

POPSHOPPES IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE POPSHOPPES SITE. POPSHOPPES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND POPSHOPPES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

POPSHOPPES DOES NOT WARRANT OR COVENANT THAT THE POPSHOPPES SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE POPSHOPPES SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE POPSHOPPES SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM POPSHOPPES, THE POPSHOPPES SITE OR THROUGH OR FROM THE POPSHOPPES SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation Of Liability

PopShoppes shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PopShoppes's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

WITHOUT LIMITING THE FOREGOING, POPSHOPPES AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, POPSHOPPES'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO POPSHOPPES FOR THE POPSHOPPES SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

Indemnity

You agree to indemnify and hold PopShoppes, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the PopShoppes Site, (ii) your use of the PopShoppes Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Miscellaneous

If there is any dispute about or involving the PopShoppes Site and/or the PopShoppes Service, by using the PopShoppes Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the County of Los Angeles, State of California. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind PopShoppes in any respect whatsoever. PopShoppes may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the PopShoppes Service. These Terms of Service, accepted upon use of the PopShoppes Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and PopShoppes regarding the use of the PopShoppes Site and/or the PopShoppes Service. The failure of PopShoppes to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with PopShoppes's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include PopShoppes's acceptable use policy for Content posted on the PopShoppes Site, PopShoppes's Privacy Policy, and any notices regarding the PopShoppes Site.

Last Updated: November 11, 2014

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