Terms & Conditions
Terms & Conditions:
Shopify Inc. operates this web site ("Web Site") pursuant to
agreements with GESS Inc. ("POPULESS"). Shopify Inc. and Populess are
hereinafter referred to as "we" or "us".
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THIS WEB SITE. PLEASE ALSO READ OUR PRIVACY POLICY WHICH
ALSO GOVERNS YOUR USE OF THIS WEB SITE.
• Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted on this Web
Site are subject to change at any time without notice. All weights, measures
and similar descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately display the
attributes of our products, including the applicable colors; however, the
actual color you see will depend on your computer system and we cannot
guarantee that your computer will accurately display such colors. The inclusion
of any products or services in this Web Site at a particular time does not
imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state,
federal and international laws (including minimum age requirements) in regard
to the possession, use and sale of any item purchased from this Web Site. By
placing an order, you represent that the products ordered will be used only in
a lawful manner. All videocassettes, DVDs and similar products sold are for
private, home use (where no admission fee is charged), and may not be publicly
performed or displayed, and may not be duplicated.
• Shipping Limitations. When an order is placed, it will be shipping to an
address designated by the purchaser as long as that shipping address is
compliant with the shipping restrictions contained on this Web Site. All
purchases from this Web Site are made pursuant to a shipment contract. As a
result, risk of loss and title for items purchased from this Web Site pass to
you upon delivery of the items to the carrier. You are responsible for filing
any claims with carriers for damaged and/or lost shipments.
• Accuracy of Information. We attempt to ensure that information on this Web
Site is complete, accurate and current. Despite our efforts, the information on
this Web Site may occasionally be inaccurate, incomplete or out of date. We
make no representation as to the completeness, accuracy or currentness of any
information on this Web Site. For example, products included on the Web Site
may be unavailable, may have different attributes than those listed, or may
actually carry a different price than that stated on the Web Site. In addition,
we may make changes in information about price and availability without notice.
While it is our practice to confirm orders by email, the receipt of an email
order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification of
information prior to the acceptance and/or shipment of any order.
• Use of this Web Site. The Web Site design and all text, graphics,
information, designs, logos, content, and other material displayed on or that
can be downloaded from this Web Site are either the property of, or used with
permission by, Populess and/or Shopify Inc. and are protected by U.S. and
International copyright, trademark and other laws and may not be used except as
permitted in these Terms and Conditions or with the prior written permission of
the owner of such material. You may not modify the information or materials
located on this Web Site in any way or reproduce or publicly display, perform,
or distribute or otherwise use any such materials for any public or commercial
purpose. All software used on this site is the property of Populess and/or
Shopify Inc. or our software suppliers and is protected by U.S. and
International copyright laws. Any unauthorized use of any such information or
materials may violate copyright laws, trademark laws, laws of privacy and
publicity, and other laws and regulations. You are responsible for maintaining
the confidentiality of your account information and password and for
restricting access to such information and to your computer. You agree to
accept responsibility for all activities that occur under your account or
password.
• Electronic Communications. When you visit this site or send emails to us, you
are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by email or by posting
notices on this Site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. You agree that we may send
email to you for the purpose of advising you of changes or additions to this
site, about any of our products or services, or for such other purposes as we
deem appropriate.
• International Access. This Site may be accessed from countries other than the
United States. This Site may contain products or references to products that
are not available outside of the United States. Any such references do not
imply that such products will be made available outside the United States. If
you access and use this Site outside the United States you are responsible for
complying with your local laws and regulations.
•Trademarks. Certain trademarks, trade names, service marks and logos used or
displayed on this Web Site are registered and unregistered trademarks, trade
names and service marks in the U.S. and other countries of us and our
affiliates. Other trademarks, trade names and service marks used or displayed
on this Web Site are the registered and unregistered trademarks, trade names
and service marks of their respective owners.
• Linking to this Web Site. Creating or maintaining any link from another
Web site to any page on this Web Site without our prior written permission is
prohibited. Running or displaying this Web Site or any material displayed on
this Web Site in frames or through similar means on another Web site without
our prior written permission is prohibited. Any permitted links to this Web
Site must comply with the terms and conditions of our permission as well as all
applicable laws, rule and regulations.
• Third Party Links. From time to time, this Web Site may contain links to Web
sites that are not owned, operated or controlled by us or our affiliates. All
such links are provided solely as a convenience to you. If you use these links,
you will leave this Web Site. Neither we nor any of our affiliates are
responsible for any content, materials or other information located on or
accessible from any other Web site. Neither we nor any of our affiliates endorse,
guarantee, or make any representations or warranties regarding any other Web
site, or any content, materials or other information located or accessible from
such Web sites, or the results that you may obtain from using such Web sites.
If you decide to access any other Web site linked to or from this Web Site, you
do so entirely at your own risk.
• Inappropriate Material. You are prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material
or any material that could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that we may have at law or in
equity, if we reasonably determine that you have violated or are likely to
violate the foregoing prohibitions, we may take any action we reasonably deem
necessary to cure or prevent the violation, including without limitation, the
immediate removal from this Web Site of the related materials. We will fully
cooperate with any law enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity of anyone posting such
materials.
• Gift Certificates. Gift certificates can only be redeemed via purchases made
on this website, and are not redeemable for cash. Any unused balance will be
placed in the recipient's gift certificate account and is not transferable. If
your order exceeds the amount of your gift certificate, you must pay for the
balance with a credit card. We are not responsible for lost or stolen gift
certificates. We make no warranties, express or implied, with respect to gift
certificates, including without limitation, any express or implied warranty of
merchantability or fitness for a particular purpose. In the event a gift
certificate code is non-functional, your sole remedy, and our sole liability,
shall be the replacement of such gift certificate. Certain state laws do not
allow limitations on implied warranties or the exclusion or limitation of
certain damages. If these laws apply to you, some or all of the above
disclaimers, exclusions, or limitations may not apply to you, and you might
have additional rights.
• User Information. Other than personally identifiable information, which is
subject to this Web Site's Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication you transmit or post to this Web Site in any manner
("User Communications") is and will be considered non-confidential
and non-proprietary. We, each of our affiliates and/or our designees may use
any or all User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication, broadcast,
development, manufacturing and/or marketing in any manner whatsoever for any or
all commercial or non-commercial purposes, without payment of any consideration
to you. We may, but are not obligated to, monitor or review any User
Communications. We shall have no obligation to use, return, review, or respond
to any User Communications. We will have no liability related to the content of
any such User Communications, whether or not arising under the laws of
copyright, libel, privacy, obscenity, or otherwise. We retain the right to
remove any or all User Communications that includes any material we deem
inappropriate or unacceptable.
• Warranty Information. Some items on our website have a manufacturer's
warranty, which is noted in the product description. Manufacturer's warranties
are provided by the manufacturer of the product and not by Populess and/or Shopify
Inc. The manufacturer is responsible for all warranty coverage, repair,
servicing and defects. To obtain a written warranty for any of these items,
send a specific written request to our Customer Service Department.
• DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND
SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE
ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB
SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF
DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES
ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND
SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR
PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH
ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS
"CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION
IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
• LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be
liable for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from your
access to, use of, or browsing this Web Site or your downloading of any
materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS,
RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY
WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES
CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY
PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH
THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH
SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR
SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES
POSTED ON THIS WEB SITE.
• Revisions to these Terms and Conditions. We may revise these Terms and
Conditions at any time and from time to time by updating this posting. You
should visit this page from time to time to review the then current Terms and
Conditions because they are binding on you. Certain provisions of these Terms
and Conditions may be superseded by expressly designated legal notices or terms
located on particular pages at this Web Site.
• Indemnification. You agree to defend, indemnify and hold Populess and Shopify
Inc. harmless from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use of the Site.
• Termination. You or we may suspend or terminate your account or your use of
this Web Site at any time, for any reason or for no reason. You are personally
liable for any orders that you place or charges that you incur prior to
termination. We reserve the right to change, suspend, or discontinue all or any
aspect of this Web Site at any time without notice.
