Terms of service
Last Updated: July 28, 2024
1. OVERVIEW
Description of E-POPS
This website is operated by Visual Rivet, LLC. Throughout the site, the terms “we,” “us,” and “our” refer to E-POPS. We offer this website, including all information, goods, and services available from the site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Our products and services are for general information and entertainment purposes only, not for professional advice, see section 14 for more information.
Shopify Notice
Our store is hosted by Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
Description of Who These Terms Apply To
By visiting our site and/or purchasing products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, customers, and/or contributors of content (“User”).
Acceptance of These Terms
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
2. ELIGIBILITY
By agreeing to these Terms of Service, you confirm that you are at least 18 years old or of legal age in your jurisdiction to enter into a binding agreement. If you are under 18, you must have the consent of a parent or guardian to use our website and services.
3. GENERAL CONDITIONS
We reserve the right to refuse any order placed through our website. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders made under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. If we make any changes to or cancel an order, we will attempt to notify you using the email address and/or billing address/phone number provided at the time of the order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Headings used in these Terms of Service are for convenience only and do not affect the interpretation or enforcement of these Terms.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information provided on our website is for general informational purposes only and may not always be accurate, complete, or up to date. We strive to present the most accurate and current information, but we cannot guarantee that the content on our site is error-free or that it reflects the latest updates. Any reliance on the information from our website is at your own risk.
Occasionally, there may be errors or inaccuracies on our site, such as those related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or change information at any time without prior notice, including after you have placed an order.
We have no obligation to update or amend any information on our site unless required by law. The absence of a specified update date should not be interpreted as an indication that all information on the site is current or up to date.
This site may include historical information that is provided for reference only and is not current. We may modify the content of our site at any time, but we have no obligation to update the information on our site. It is your responsibility to review changes to our site as they occur.
5. PAYMENT TERMS
Price
All applicable prices for the goods offered on our website are displayed alongside each product and may differ from prices available through other online or offline channels. Prices are subject to change at our sole discretion. You will be responsible for the price stated at the time of your transaction, as well as any applicable sales, use, excise, and related taxes, and shipping and handling charges.
Promotions, Discounts, or Sales
Any promotions, discounts, or sales for specific items will be detailed on our website. The terms of these offers will govern their applicability.
Payment Methods
We accept payments through the following methods: Credit and Debit Cards, PayPal, Apple Pay, Google Pay, and Venmo. By using these payment methods, you confirm that you have the right and authority to make the purchase and that you comply with all applicable laws and regulations.
You understand that any content you provide to us (excluding credit card information) may be transferred over networks and modified to meet technical requirements. This may involve:
a. Transmission across various networks; and
b. Changes to conform to the technical requirements of connecting networks or devices.
6. MODIFICATION OF THE SERVICES AND PRICES
We reserve the right to change our product prices and modify or discontinue any part of our services at any time, without prior notice. This includes updates to prices, changes to the service features, or suspension of the service itself.
We are not liable for any consequences or issues arising from these changes, including price adjustments, service modifications, or service discontinuations. Your continued use of our services constitutes your acceptance of any such changes.
7. PRODUCT OR SERVICES
Certain products or services may be available exclusively through our website and may have limited quantities. These products or services are subject to our Return Policy for returns or exchanges. We strive to display the colors and images of our products as accurately as possible, but we cannot guarantee that your monitor's display will reflect the true color of the products.
Any offers for products or services on this site are void where prohibited. We do not guarantee that the quality of any products, services, or other materials purchased from us will meet your expectations, nor do we guarantee that any errors on the site will be corrected.
8. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You are responsible for providing current, complete, and accurate purchase and account information for all orders made through our website. You agree to promptly update your account information, including your email address and payment details, to ensure we can complete your transactions and contact you as needed.
9. OPTIONAL SERVICES
We may, in the future, offer new services and/or features through the website. Such new features and/or services shall also be subject to these Terms of Service.
10. THIRD PARTY LINKS
Our site may contain links to third-party websites that are not affiliated with us. We do not review, endorse, or assume responsibility for the content or accuracy of these external sites. We are not liable for any damages or losses related to your use of third-party websites, including any transactions or interactions with third-party services. We encourage you to review the policies and practices of any third-party sites before engaging in transactions or other activities.
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Feedback
We welcome and encourage feedback from our users. By submitting any feedback, suggestions, ideas, or other information ("Feedback") to us, you grant us the right to use, modify, reproduce, and distribute your Feedback for any purpose without any obligation to compensate you. Your Feedback will not contain any confidential or proprietary information of any third party. You agree that your Feedback will not infringe upon the rights of any third party, including copyright, trademark, privacy, or any other personal or proprietary rights.
User-Generated Content (UGC)
You agree that any content you submit, post, or display on our platform, including but not limited to reviews, comments, and other materials ("Comments"), will not infringe upon the rights of any third party, including copyright, trademark, privacy, or any other personal or proprietary rights. Additionally, you agree that your Comments will not contain any libelous, unlawful, abusive, obscene, or otherwise inappropriate material, nor any viruses or malware that could harm the service or any related websites. You will not use a false email address, impersonate someone else, or otherwise mislead us or third parties about the origin of any Comments. You are solely responsible for the accuracy and legality of your Comments. We accept no responsibility or liability for any Comments posted by you or any third parties.
Copyright Policy
At E-POPS, we respect the intellectual property of others. We do not allow any content that infringes upon intellectual property, including but not limited to copyright, trademarks, and patents. Use of protected content of others without proper license or authorization may lead to removal of the content.
Furthermore, we are a service provider pursuant to the Digital Millennium Copyright Act. If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through the service infringes your copyrighted work, you may send a written notice of copyright infringement to our designated agent, whose contact information is listed below:
E-POPS
ATTN: DMCA Infringement Notification
936-B Seventh Street, #125
Novato, CA 94945
or send an email with the subject line “DMCA Infringement Notification” that includes substantially the following:
(i) Your physical or electronic signature;
(ii) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works;
(iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
(iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
(v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the information in the written notice is accurate; and
(vii) A statement, under penalty of perjury, that you are, or are authorized to act on behalf of, the copyright owner.
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that you may be liable for damages (including costs and attorneys’ fees) if you knowingly materially misrepresent that material or an activity on the site is infringing your copyright.
12. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
13. USER CONDUCT
Ownership
All content included on this website is and shall continue to be the property of E-POPS. Any copying, redistribution, reproduction, reselling, or creation of derivative works by you or any such content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Site. Except as necessary to refer to E-POPS, you are expressly prohibited from using any E-POPS content in any manner.
Prohibited Use
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:
(1) For any unlawful purpose;
(2) To solicit others to perform or participate in any unlawful acts;
(3) To violate any international, federal, provincial, or state regulation, rules, laws, or local ordinances;
(4) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(5) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(6) To submit false or misleading information;
(7) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
(8) To collect or track the personal information of others
(9) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(10) For any obscene or immoral purpose; or
(11) To interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right terminate your use of the service or any related website for violating any of the prohibited uses.
14. DISCLAIMER OF WARRANTIES
No Professional Advice
Our products and services are provided for general information and entertainment purposes only.
E-POPS is not engaged in providing any form of medical, professional, or other expert advice. Our offerings are not a substitute for professional consultation. For specific advice or information, including but not limited to health, lifestyle, or financial matters, you should seek the guidance of qualified professionals.
Service Limitations
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We also do not warrant that the results obtained from using the service will be accurate or reliable. Our service and all products and services delivered through it are provided "AS IS" and "as available," without any warranties, representations, or conditions of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
Service Availability
We reserve the right to modify, suspend, or discontinue our service, in whole or in part, at any time and without prior notice. This may include removing the service for indefinite periods of time or canceling the service altogether.
Your Risk
Your use of the service and any products or services obtained through it is at your own risk. We are not liable for any direct or indirect damages, including but not limited to lost profits, lost revenue, lost savings, loss of data, or any other consequential, incidental, or punitive damages arising from your use of the service, or any products acquired through the service.
Limitation of Liability
To the fullest extent permitted by law, E-POPS, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors will not be liable for any injury, loss, claim, or any damages of any kind, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products obtained through the service. This includes, but is not limited to, damages resulting from errors or omissions in content, or any loss or damage resulting from the use of the service or any content or products made available through the service, even if advised of the possibility of such damages.
State Law Variations:
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so the above limitations may not apply to you. You may have additional rights under applicable state or local laws.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless E-POPS and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim, demand, or legal action, including reasonable attorneys’ fees, arising from or related to: (1) your breach of these Terms of Service or any documents incorporated by reference, (2) your violation of any law or the rights of any third party. This indemnification obligation covers any claims or demands related to your use of our service or any activities associated with your breach of these Terms of Service. You agree to cooperate with us in the defense of any such claims and will bear all costs associated with that defense.
We will notify you of any claims or demands and may, at our discretion, choose to assume control of the defense. You are responsible for all reasonable costs and attorneys’ fees associated with defending against these claims.
16. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. TERMINATION
Termination of Terms of Service
These Terms of Service will remain effective unless and until they are terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
We reserve the right to terminate these Terms of Service at any time, without notice, if we determine in our sole discretion that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. Upon termination, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).
Survival of Obligations and Liabilities
Any obligations and liabilities incurred by either party before the termination date will survive the termination of this agreement for all purposes.
18. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with services shall be governed by and construed in accordance with the laws of the State of California.
20. CHANGE OF TERMS AND SERVICES
Any new features added to our store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service through notice for registered user accounts and/or changes to our website.
21. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at (hello@epopsinc.com)