What Our Lawyers Insisted On

Nice to meet you. We’re Poppin. For those who care about these kinds of things, our full corporate name is Poppin Inc., and we are a Delaware corporation.

We’ve put together these Terms to let you know what you can expect from us (and what we expect from you) when you use our Web Site. By the way, when we use the word “Site,” it’s really shorthand for both the Poppin.com web site and any other applications or services (like iPad and iPhone applications, Facebook pages, etc.) that we may use to put all of our great products at your fingertips.  Please review our Privacy Policy, which is incorporated into and made a part of these Terms, to understand our privacy practices.

As much as we’d like to meet each of you personally, we know that you’re busy, and that it’s probably not possible.  Since there is no way for us to meet personally and sign a contract, these Terms (along with our privacy policy) act as the contract between us.  When you use the Site, you are agreeing to these Terms. So you should definitely read all of these Terms, and if there is something in these Terms you don’t agree with, you should not use the Web Site (our lawyers thought that the last part was so important that they insisted we put it in bold). In addition, you can only use the Web Site if you are over 18 years old or if you are visiting the Site under the supervision of a parent or guardian.  The reason is pretty simple.  People under 18 can’t legally agree to these terms, so we simply have to ask you to not use it. Of course, we really like that you want to buy our products, so we are definitely not going to stop you from asking your parents to buy it for you—if they are cool enough to do that.

Here is a mouthful: Subject to the conditions of these Terms, we grant you a revocable, limited, non-transferable and non-exclusive license to access and use the Site by displaying it on your computer only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.

All content of this service and of the Site including, but not limited to, text, graphics, images, video, software, computer code, product designs and production methods and trademarks belong exclusively to Poppin and are protected by US and international copyright laws.  Poppin.com, Work Happy, Work Style, Work Stylists, TGIM and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks (together, the “Marks”) of Poppin.  The use of any of our Marks without our express written consent is strictly prohibited.  You may not use our Marks in connection with any product or service that is likely to cause confusion.  You may not use our Marks in any manner that disparages or discredits Poppin.  You may not use our Marks in meta tags without prior written consent.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Poppin in writing. You shall not make commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Poppin in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders, including, without limitation, cases in which we believe that customer conduct violates applicable law or is harmful to our interests.

Be nice.  You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

While we really like the way things are working right now, it is inevitable that we will change some things over time as we learn more about you and how we can best serve you. We reserve the right to change or remove any service, content, products or functionality at any time, without kind of liability.  Of course feel free to tell us when you don’t like a change because we like to hear when something we do bothers you.  Along the same lines, we also may modify these Terms at any time.  If we do, we will post the new version right here, so it is important that you check back on a regular basis to see whether we’ve made any changes, as you will be agreeing the new Terms by using the Web Site after they have been posted.  These Terms were last modified on September 4, 2012.

Limitation of Liability

As our lawyers like to say:

You agree that your use of the site shall be at your sole risk, and that the site and all content included therein, and products purchased thereby, are provided to you “as is.” To the fullest extent or implied, in connection with the website, your use thereof and the products purchased thereby. Poppin makes no warranties or representations about the accuracy or completeness of the site’s content or any content accessible via the website or products purchased thereby and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the website or products purchased thereby, any unauthorized access to or use of Poppin’s secure servers and/or any and all information stored therein, any interruption or cessation of transmission to or from the website, and/or any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the website by any third party. In no event shall Poppin be liable under contract, tort, strict liability, negligence or other legal theory for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising) or for any direct damages in excess of (in the aggregate) $100. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnity

You agree to defend, indemnify and hold harmless Poppin and its subsidiaries, agents, licensors, managers, board members and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Site with your username, password or other appropriate security code.

Security

Poppin cares about the integrity and security of your personal information. We use industry-standard precautions to safeguard your personal information and we believe that these steps will keep you safe. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Links to Other Web Sites and Services

We choose our friends wisely and we would never intentionally include a link on our Site to any company that we would not want to do business with. That being said, we do not control the companies who may have links from our Site, so we cannot be held responsible for your dealings with any of those companies and you should not consider any link as an endorsement by us of any of those companies.

Prohibited Use

These Terms expressly prohibit certain uses of the Site.  You may not under any condition, without prior written consent by Poppin, use or reuse Poppin’s product listings, descriptions or prices; mine the Site for data; download, copy, mirror, archive, intercept or redirect content or use or access an unauthorized account or purchase product for resale. Using bots, spiders other indexing agents or other devices to copy the Site or to hide your identity when accessing the Site is also strictly prohibited.  You agree you will impose only the load on the site which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.

Intellectual Property

We respect the intellectual property of others. If you believe that anything posted on the Web Site by another user (or any content for that matter) violates any of your intellectual property rights, please let us know so that we can resolve the issue as quickly as possible. There is a legal notice that we are required to post in connection with these types of issues which goes as follows:

Poppin is a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.  Further, Poppin is a service provider pursuant to the Digital Millennium Copyright Act.  If you are a copyright owner and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").  To provide Poppin notice of an infringement, you must provide a written communication to Poppin Inc., DMCA Infringement Notification, 1115 Broadway, 3rd Floor, New York 10010. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Your Input

We value your input! There may be times where we give you the opportunity to post your input on the Site (for example in user reviews, comments, etc.). When you post content on our Site it is important to make sure that you own it or have permission to post it and allow us to use it as permitted under these Terms. We trust that you will only post content that you are entitled to post, and you will be responsible for any and all issues that result from your posting that content.

You will continue to own all content that you post on our Site. However, by posting it, you are giving us permission (in legal terms, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable (our pick for best hangman word) and transferable license) to use that content (including any changes we may make to it) in any we wish for an unlimited amount of time.  We also have the right to give others those same rights. Please note that there may be contests and other promotions where we ask you to submit ideas that we (and not you) would own. In those situations, we will specify in the rules for the contest or promotion that we will own the submissions.

We expect all of our users to behave when they submit content to the Site. Feel free to express your opinion, but please refrain from profanity or any kind of offensive communications. We will do our best to make sure that everyone else follows these same ground rules, and we reserve the right to remove or refuse to post any content. However, we can’t be responsible for anything that a user posts on the Site and you shouldn’t take the fact that something is posted on the Site as any kind of endorsement or indication that we agree with whatever opinions are expressed in the posting.

Your Responsibility

Because our Site is available pretty much everywhere, we cannot keep pace with all of the legal requirements that may apply to use the Site in every jurisdiction.  We therefore put the onus on your to ensure that your use of the Site complies with all rules, laws and regulations that are applicable to you.  These Terms are void and use of Poppin.com is revoked where use is prohibited.

This is getting long!  We know.  Our lawyers made us do it.

Our Guarantee

Every Poppin branded product is guaranteed. What does that mean? It means you can return any product you buy from us at any time for any reason. As you can see, we feel really strongly that this is the right way to do business. By the same token, we feel that it is important for you to understand what our guarantee does not mean. We cannot be responsible for damages associated with any defects in our products or any problems you may experience with our products or the Site. If you have a problem with one of our products (or if you just don’t like it), by all means, return it. Just don’t try to drag us into court over it.

Conditions of Sales and Payment

Published prices do not include taxes, duties or shipping and may be changed without notice at any time.  Visa, MasterCard, American Express and PayPal are accepted for telephone and web orders.  We are unable to accept cash or personal checks at this time.  Open accounts for business customers are available on approval.  Payment on open accounts is due in full 30 days after shipping.  Discounts and promotions may be modified or revoked by Poppin at any time without notice.

Only one discount or promotional code may be applied to a single order.

Typographical Errors

We will be the first to admit that we are not perfect – like everyone, we make mistakes from time to time. If there are typographical errors in product descriptions, prices or similar information, we will correct them as soon as possible after we discover them. If there is an error in the price of an outstanding order, we will either cancel the order or contact you to find out if you still want the product at the corrected price. If you find after you receive an order that something is not as we described it (or as you thought it would be), remember, you can return it at any time. We also recognize that you will make mistakes from time to time. We are the forgiving sort, but we must reserve the right to refuse service to anyone who we believe is acting in a fraudulent or abusive manner or otherwise not living up to their obligations under these Terms.

Returns, Refunds and Title

You may return any non-custom, non-personalized item purchased from us. Non-Poppin branded product cannot be returned after 30 days. Poppin does not take title to returned items until the point where that product arrives at our distribution center.  At our discretion, we may issue a refund without requiring a return.  In this situation, the customer keeps the title to the refunded item.

Risk of Loss

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

International Access

This Site may be accessed from countries other than the United States, underground, under the sea and possibly from outer space.  Our stuff is that cool. 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.

Monitoring

Poppin has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Poppin has no obligation to display or post any content you may submit.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Poppin without restriction.

Governing Law

Poppin and our Site are based in New York. Even though you may be accessing the Web Site from somewhere else, these Terms are governed by New York law and in the unlikely event we have any kind of dispute it can be heard only in the courts located in New York County, New York.  Also, the fact that the Web Site may be available to users outside of New York should not be interpreted as giving any other State or country jurisdiction over us.

Arbitration

Any dispute arising from or relating to the subject matter of the Terms shall be finally settled by arbitration in the State of New York, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis.  To the fullest extent permitted by applicable law, no claim under these terms of use shall be joined to any other claim, including any claim involving any other current or former user of the web site, and no class action proceedings shall be permitted. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose. By using the site, you understand and agree that by entering into this agreement, you are waiving the right to trial by jury or to participate in a class action.

Severability

These Terms, together with any amendments and any additional agreements you may enter into with Poppin.com, shall constitute the entire agreement between you and Poppin. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No Waiver

No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Poppin’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

1115 Broadway
3rd Floor
New York, New York 10010