Terms of Service

Terms of Service

Last updated: June 11, 2025

OVERVIEW

This website is operated by ThePopSmart. Throughout the site, the terms “we”, “us” and “our” refer to ThePopSmart. ThePopSmart offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “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 but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing any part of the site, you agree to be bound by these Terms. If you do not agree, you may not access the website or use any Services.

Our store is hosted on Shopify Inc., who provides us with the online e-commerce platform to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm you are at least the age of majority in your state or province, or have given us consent to allow any of your minor dependents to use the site.
You may not use our products for any illegal or unauthorized purpose. You must not transmit any viruses or malicious code. A breach will result in termination of Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:

  • Transmissions over various networks.

  • Changes to conform and adapt to technical requirements.

Credit card information is always encrypted during transfer. You agree not to copy, sell or exploit any part of the Service without written permission.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or not current. Content is provided for general information only. We reserve the right to modify content at any time.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices and services are subject to change without notice. We may discontinue any part of the Service at any time without liability.

SECTION 5 – PRODUCTS OR SERVICES

Some products or services may be available online only and in limited quantities. They are subject to our Refund Policy. We try to display product images and colors as accurately as possible but cannot guarantee your screen's display is accurate.
We may limit the sales of our products by region or quantity. We reserve the right to discontinue any product or service at any time.

SECTION 6 – BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order. In such cases, we may attempt to notify you.
You agree to provide current and accurate account information and to update it as needed so we can process your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools which we do not monitor or control. You use them at your own risk and should review the third-party terms before use.

SECTION 8 – THIRD-PARTY LINKS

Some content or services may include third-party materials. We are not responsible for third-party sites and suggest you review their policies before engaging in any transaction.

SECTION 9 – USER SUBMISSIONS

Any submissions (ideas, feedback, content) you send may be used by us without restriction. You agree your comments will not violate any rights or include unlawful or harmful material.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct errors, inaccuracies or omissions and to update or cancel orders as necessary.

SECTION 12 – PROHIBITED USES

You are prohibited from using the site or its content:

  • For unlawful purposes.

  • To violate laws or third-party rights.

  • To submit false information or malware.

  • To spam, phish, crawl, or scrape.

Violation of any prohibited use may result in termination of your access.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee uninterrupted or error-free service.
You agree that your use of the service is at your own risk. All products and services are provided “as is” and “as available” without warranties.
ThePopSmart is not liable for damages including lost profits or data, except as limited by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold ThePopSmart, its partners, directors, employees, and affiliates harmless from any claims arising from your breach of these Terms or violation of laws or rights.

SECTION 15 – SEVERABILITY

If any provision is found unlawful or unenforceable, it will still be enforced to the maximum extent, and the rest of the agreement remains valid.

SECTION 16 – TERMINATION

You may terminate this agreement by ceasing use of the site.
We may terminate your access at any time if you violate these Terms.

SECTION 17 – ENTIRE AGREEMENT

These Terms, along with any policies posted by us, constitute the entire agreement between you and ThePopSmart.

SECTION 18 – GOVERNING LAW

These Terms are governed by the laws of the United States and the State of New York.

SECTION 19 – CHANGES TO TERMS

You can review the latest version of the Terms at any time on this page. We reserve the right to change these Terms, and your continued use of the site confirms your acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

📧 Email: support@thepopsmart.com
📍 Address: 20W 47th Street, New York, NY 10036, USA

 

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