Terms and Conditions

Policies are one of the many necessary and tedious details related to a business. So please read on and contact us if you have questions.

TERMS AND CONDITIONS

This website, located at www.popshopamerica.com or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively, the “Site”), is provided by Pop Shop Houston, LLC ( Pop Shop America, “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).

1. You Agree to These Terms by Using This Site

Your access to, and use of, this Site is subject to the following Terms and Conditions and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms and Conditions. Pop Shop America may, at any time and without notice, modify these Terms and Conditions by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms and Conditions. You cannot modify these Terms and Conditions. These Terms and Conditions can only be modified in a writing signed by Pop Shop America. If you do not agree and accept, without limitation or qualification, these Terms and Conditions, you must stop your use and exit the site immediately.

2. Permitted Use of the Site; Termination

The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Pop Shop America or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.

You agree that Pop Shop America may, without cause or prior notice, and without liability to you or any third party, immediately terminate your Pop Shop America membership, any promotion or virtual currency associated with your membership and/or email address, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms and Conditions. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Pop Shop America may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your Pop Shop America membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in Pop Shop America sole discretion and that Pop Shop America shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.

You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: [email protected]

3. User-Submitted Content

The Site may, from time to time, offer interactive features that allow users to submit content to the Site. Pop Shop America does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Pop Shop America is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize Pop Shop America to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, Pop Shop America reserves the right to block or remove communications or materials that it determines to be unacceptable to Pop Shop America in its sole discretion.

By submitting any user-generated content, you hereby grant Pop Shop America (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents’ permission to make such grants. All content that you submit may be used at Pop Shop America’s sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pop Shop America employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.

4. Interaction with other Users

You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Pop Shop America (and Pop Shop America’s officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE 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.

5. Notice; Electronic Communications

When you visit this Site, send emails to Pop Shop America, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Pop Shop Houston LLC.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your Pop Shop America membership page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

6. Privacy

Pop Shop America’s Privacy Policy is incorporated and made part of these Terms and Conditions. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by Pop Shop America in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more details.

7. Practices; Typographical Errors; Colors

You acknowledge that Pop Shop America may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on Pop Shop America servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that Pop Shop America has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that Pop Shop America reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that Pop Shop America reserves the right to modify these general practices and limits from time to time.

In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Pop Shop America reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Pop Shop America shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Pop Shop America be obligated to provide you the merchandise at the incorrect price.

The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Pop Shop America makes no guarantees that any actual colors of products or features will be true or accurate.

8. Disclaimer – Warranty

THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POP SHOP AMERICA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Pop Shop America does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Pop Shop America does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pop Shop America, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your membership (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. You are responsible for protecting and not disclosing your user name and password to others.

10. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER POP SHOP AMERICA, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

11. Third-Party Links

In an attempt to provide increased value to our visitors, Pop Shop America may link to sites operated by third parties. However, even if the third party is affiliated with Pop Shop America, Pop Shop America has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Pop Shop America. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Pop Shop America specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Pop Shop America does not endorse the content, or any products or services available, on such sites. Nonetheless, Pop Shop America seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.

12. Intellectual Property

Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Pop Shop Houston LLC or its affiliates. The Contents, including its trademarks such as Pop Shop Houston LLC and Pop Shop Houston LLC and design, the Logo and word phrasings, may not be used by you for any commercial purpose without Pop Shop Houston LLC’s written consent.

Copyright 2002-12, Pop Shop Houston LLC, Inc. ALL RIGHTS RESERVED.

All software used on this Site is the property of Pop Shop Houston LLC or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

13. Copyright Complaints

If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at [email protected]:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;

(ii) a description of the copyrighted work or other work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Pop Shop Houston LLC’s website;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

14. Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

Pop Shop Houston LLC does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.

15. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the Commonwealth of Delaware, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within New Castle County, Delaware, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and/or the Site or in which these Terms and Conditions and/or the Site are a material fact.

16. Assignment

Pop Shop Houston LLC may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

17. Rewards

Rewards, referral credits, and other forms of virtual currency provided to you by Pop Shop Houston LLC or its partners for use on popshopamerica.com (collectively Rewards) are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell, or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. Rewards will expire 24 months after the date of issuance, unless otherwise stated by Pop Shop Houston LLC. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards.

18. Gift Certificates

Gift certificates for Pop Shop America cannot be redeemed for other currency, are non-returnable, but never expire. Gift certificates are valid for any online shopping at popshopamerica.com, event passes, workshop passes, or any items by Pop Shop America at our events. Most other presenting artists at Pop Shop events accept gift certificates however any shop at a Pop Shop event has the right to accept or deny the certificate. The gift certificate can be used all at once or in pieces accept when it is used with separate artists at an event – in that case it must be used all at once.

To redeem the gift certificate online, add your unique code in the box labeled “Have a coupon” in your shopping cart. To use it in person, present it to the vendor in which you wish to make your purchase.

19. Events

We want all of participating businesses to have a easy set up and great experience in a safe and fun environment. Thus, everyone must uphold these rules.

All Pop Shop events are by application only. Pop Shop never charges for applications. Vendor fees are due before set up and failure to pay vendor fees will result in losing vendor’s space at said event. If a vendor cancels, for any reason, they must do so before 20 business days to receive a refund less a small transaction fee of 10% to cover our time, credit card fees, etc. Vendors must contact Pop Shop Houston if they have to cancel. Vendors do not receive refunds outside of these specific terms and vendors may not break down their area early once they are at the event. Unfortunately, vendors that don’t uphold these rules cannot come back.

Vendors can only share spaces with other approved vendors that have gone through the application process. Vendors can however, stock their section with any way they wish and with brands other than their own. Stocked product must be predominantly handmade and vintage items. Pop Shop does not allow xxx rated items.

Vendors make change and take all transactions themselves. They use their own tables, chairs, tablecloths, and pop up tents unless they are renting from Pop Shop Houston. Pop Shop is not responsible for any injury that occurs while a participating in an event or workshop. Vendors are required to have a sales tax permit and another other necessary permits (such as food permits) to operate their business. Vendors must uphold professional conduct with patrons and may be denied space at future events if professional and courteous conduct is not upheld.

All artists that sell at Pop Shop are listed in the artist page here: http://www.popshopamerica.com/artists. A participating artist may, at any time, asked to be removed from the list. An artist that has not exhibited with Pop Shop in one year will automatically be removed. An artist that has not participated in any Pop Shop events will be removed from the opportunities newsletter after 2 years. All artists receive 10% off goods (other than vendor fees) from Pop Shop America

Outdoor events are cancelled for inclement weather. In the case of inclement weather, all vendors are reimbursed 75% of their exhibitor fee and are refunded by paypal or credit card. Exhibitors can also choose to take a full credit to a future event.

Vendors may bring drinks to Mini Pops but may not bring outside beverages to Pop Shop Houston Festival. This is a TABC requirement that must be upheld. Those caught bringing in outside beverages will be immediately removed.

Pop Shop America reserves the right to remove exhibitors at any time before, during, or after an event.

20. Traveling Workshops

Workshops are only available in the Houston area and some surrounding areas. Gas surcharge may apply for travelling to outlying areas. Background checks required for all workshops to be scheduled. Background checks are non-refundable but may be waived for groups hosting a private event any of Pop Shop America’s locations. Workshops have an educational component, but should not replace continuing education credits or educational requirements for children. Pop Shop Houston is not responsible for injuries incurred during workshop participation. Adult supervision is required for minors participating in Pop Shop Houston workshops.

50% of the workshop fee is due for reserving any date, time, and location. The remainder is issued  the day of the scheduled workshop. After scheduling, class activity cannot be changed due to the workshop materials that must be acquired. All workshops require 48 hours notice for rescheduling or cancellation. Any cancellations after this point will result in loss of the booking or background check fee and the material fee (50% of the total fee).

Pop Shop America workshops are rescheduled or cancelled for inclement weather such as flooding, hurricanes or any major weather advisory. If a workshop is rescheduled or cancelled for inclement weather, attendees have the option of a refund, less their booking or background check fee, or to transfer their traveling workshop to a future date.

Pop Shop America reserves the remove guests at any time. If traveling to a purchaser’s requested destination, Pop Shop America reserves the right to leave at any time.

21. Pop Shop America Monthly Craft Workshops

All monthly craft workshops take place at Pop Shop America 321 A W 19th St. Attendees must be over 18 to participate. 12 and up are welcome with adult supervision. Workshops have an educational component, but should not replace continuing education credits or educational requirements for children. Pop Shop Houston is not responsible for injuries incurred during workshop participation. Adult supervision is required for minors participating in Pop Shop Houston workshops.

Your class fee is good for that class only and cannot be transferred without request with 48+ hours notice. With 48+ hours notice, class passes can be refunded, transferred to a future class, or can be used for shop items online. Without 48 hours notice, the class pass is non refundable.

Pop Shop America workshops are rescheduled or cancelled for inclement weather such as flooding, hurricanes or any major weather advisory. If a workshop is rescheduled or cancelled for inclement weather, attendees have the option of a refund or to transfer their class pass to a future event. Because workshops have different fees based on materials, a cost difference may occur.

Pop Shop America reserves the right to remove guests at any time.

22. Questions and feedback

We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to [email protected]