Last updated: 5/18/2015
The Application offers a mobile marketplace in which a retailer (“Seller”) can sell merchandise to end consumers (“ Users” ). Sellers can create content and add products through the Site for customers to save, share, and buy within the Application.
If you would like to use the Application, you will have to register a User account. During the registration process, you will have to provide your email address and full name, and any other information required to complete your registration. You will also have to create a password for your account. You represent and warrant that all information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. Additionally, you are prohibited from selling, trading, or otherwise transferring your Cataluv account to another party. We reserve the right to delete or change your user name and/or password at any time and for any reason.
If you would like to market your products through the Application, you will have to register as a Seller by creating an account on the Site. During the registration process, you will have to provide your email address, company name, company’s website, address, company details and any other information required to complete your registration. You will also have to create a username and password for your account. You represent and warrant that all information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. Additionally, you are prohibited from selling, trading, or otherwise transferring your Cataluv account to another party. We reserve the right to delete or change your user name and/or password at any time and for any reason.
The Application is available for free for Users.
Sellers who wish to market products through the Application will pay ten percent (10%) of all sales transacted through the Application. Fees will be collected at the time of the transactions. We may use a third party service provider (“Third Party”) to process your payment in connection with your use of the Platform. You warrant and represent that you are the valid owner or an authorized user, of the account information you provide to such Third Party, and that all account information is accurate.
We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
Use of Personal Data
(b) Seller Generated Content. You may post and/or create content through the Site, including, without limitation, your lifestyle and product images, and associated information (collectively, "Seller Generated Content"). We cannot and do not review it all--we may merely act as a passive conduit for distribution of the Seller Generated Content. That said, we may remove Seller Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion. Remember, once you submit Seller Generated Content through the Platform, including any personally identifying information, it may be accessible by Users. You retain all copyrights and other intellectual property rights in and to the Seller Generated Content. However, you hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to your Seller Generated Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Application and Site.
Community Guidelines .
The PopIn Shop, Inc. takes no responsibility and assumes no liability for any Seller Generated Content that you or any other Seller posts through the Site. You understand and agree that any loss or damage that occurs as a result of the Seller Generated Content that you make available or access through your use of the Site is solely your responsibility. By accessing and/or using the Platform, you hereby agree that:
o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
o is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
o discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
The PopIn Shop, Inc. Warranties and Disclaimers
We will use commercially reasonable efforts to ensure that Seller content is accurately represented to Users and that Users accurately represent themselves through the Application. THE SITE, THE Application, AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE POPIN SHOP, INC., ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “POPIN SHOP PARTIES”) WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE POPIN SHOP PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. NONE OF THE POPIN SHOP PARTIES ENDORSE ANY SELLER OR ANY SELLER GENERATED CONTENT MADE AVAILABLE THROUGH THE PLATFORM. THE POPIN SHOP, INC. DOES NOT OBTAIN TITLE TO ANY MERCHANDISE AND DOES NOT ACT AS THE AGENT FOR SELLERS WITH RESPECT TO ANY TRANSACTION.
Limitation of Liability
Compliance with Applicable Laws
The Site and Application are based in the United States, and are intended to be used only by residents of the United States that are age 18 years or older. We make no claims concerning whether the Site, the Application, or any content, functions or materials made available to you through the Site and/or Application may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Application, or the Cataluv Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you believe the Application or Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the Platform;
· Your address, telephone number and email address;
· A 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; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our Copyright Agent by regular mail, please write to:
To contact our Copyright Agent by regular mail, please write to:
1504 Pine St.
Philadelphia, PA 19102
To contact our Copyright Agent by email, please write to firstname.lastname@example.org with COPYRIGHT NOTICE in the subject line.