Last Updated: August 9, 2020

Pop Hat® is a trademark of The Pop Hat, LLC.

This website is controlled, operated, and administered by The Pop Hat, LLC. All inquiries may be directed to:

The Pop Hat, LLC
225 Matlage Way # 1348
Sugar Land, TX 77487­-1348
United States

Your access to and use of our website(s) (the “Website”) is subject to the following terms of use (these “Terms of Use”) and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Website, you accept and agree to be bound by these Terms of Use, which are conditions of permission to access the Website. If you do not agree to these Terms of Use, you may not have full access to the Website. If you are younger than 18 years of age, you are forbidden from becoming a member of the Website or posting information on the Website.

The form and nature of the services, content and all information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. The Pop Hat, LLC (“Company,” “we,” or ” us”) will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees (each, an “Affiliated Entity”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, content, feature or product offered through the Website.

 

Permitted Use, Limited License and Authorization to Reproduce

Subject to these Terms of Use and any other terms and conditions on the Website, Company hereby grants to you the non-exclusive right to use the Website and download, install, reproduce, use and disclose the contents of the files or other media provided on the Website that are specifically identified as available for download, subject to the following conditions: (i) the material may be used for informational and noncommercial purposes only; (ii) it may not be modified in any way, nor distributed, transmitted or re-posted; (iii) no copy is made of any Company trademark or logo apart from the page on which it appears; and (iv) any copy of any portion of the material must include the copyright notice appearing on the Website. The Website, all of the information and materials contained herein, and the software used to make the Website available (collectively, “Content”) are and shall remain the property of Company and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Website or making use of the permitted uses allowed under these Terms of Use.

 

Copyrights and Trademarks

As between you and Company, all copyrights in these Terms of Use, any Content, or the Website, and all brand names, logos and trademarks on the Website, are owned by Company or its licensors. Except as set forth in Section 1 above, no license to download, use, or reproduce any of the Content or other material, brand names, logos and/or trademarks is given or implied, and the Content, brand names, logos and/or trademarks may not be downloaded, reproduced, or used (except as an integral part of an authorized copy of material appearing on the Website pursuant Section 1 and only for as long as you are authorized to use the Website pursuant to these Terms of Use) or modified or distributed in any way without prior written permission. Except as otherwise expressly authorized herein or in writing in advance by Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Website or the Content.

 

Unauthorized Use or Access

Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any user’s experience. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section.

You may not (and you expressly agree that you will not) do any of the following, which violate these Terms of Use:

• Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Website: 
• Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
• Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
• Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
• Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
• Any material, non-public information about a company without the proper authorization to do so.
• Use the Website for any fraudulent or unlawful purpose.
• Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website.
• Impersonate any person or entity, including without limitation any representative of Company or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
• Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without Company’s express prior written consent.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
• Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
• Frame or mirror any part of the Website without Company’s express prior written consent.
• Create a database by systematically downloading and storing Website Content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website Content or reproduce or circumvent the navigational structure or presentation of the Website.

Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.

 

Accuracy of Information You Submit

You may be permitted to or asked to submit information to the Website. You expressly represent and warrant: (a) that you have the authority to provide Company with all such information; (b) that all such information may be used by Company for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Website.

 

Links To Other Sites

For the convenience of users of the Website, one or more links to other Internet websites independently operated by third parties including advertisers and other content providers may appear from time to time. Those independent sites may collect data or solicit personal information from you. Except as otherwise indicated, the Internet websites to which links are provided on the Website are not under the control of Company or the Affiliated Entities. Neither Company nor the Affiliated Entities assume any responsibility for the contents, accuracy, completeness, currency, privacy policies, or the information or data collection, use, or disclosure practices of any linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between the Website and any other Internet website is not and shall not be understood to be an endorsement by Company or the Affiliated Entities of the opinions or views expressed by the linked Internet website, or of the owner or proprietor of the linked Internet website.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Company shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means without prior notice.

 

Membership; User Names and Passwords

Any online community hosted on our Website (the “Community”) is designed for you and your family’s enjoyment. As a member of the Community, you may receive certain specialized content, as well as special offers from Company. If you become a member of the Community, you represent that: (i) you are authorized to join Internet programs in which e-mail communications are used; and (ii) you are 18 years of age or older. In addition, with respect to such membership, Company may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

You further agree that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. Company reserves the right to terminate your membership to the Community if any individual other than you attempts to access the Website using your user name or password or if you (or anyone using your user name and password) otherwise breach these Terms of Use. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Website in violation of these Terms of Use. It is your sole responsibility to ensure that the e-mail address you initially provide is deliverable and, should your e-mail address change, it is your sole responsibility to return to the Website and update your e-mail address. Should your e-mail address become undeliverable, your membership to the Community may be suspended until such time as you provide a currently-deliverable e-mail address. In such cases, no retroactive benefits will be provided for the period your membership was in a suspended state. You must remove yourself from membership to the Community should you wish to no longer receive e-mail communications from Company. Simply “replying” to an e-mail message sent to you is not an authorized method of removal and such requests will not be processed. Removal from the Community is properly accomplished by using your web browser to visit the Website and entering your e-mail address and password. Once logged in, you will need to opt out of participating in the Community by sending a request through Contact Us. Company may send you an email confirming your removal from the Community. No other methods of removal are approved or authorized.

 

Interactive Forums

Company may host message boards, chat rooms, blogs, and other interactive forums or services (each, a “Forum”) on its Website. Forums are intended to serve as discussion centers. Any user failing to comply with these Terms of Use may be expelled from and refused continued access to Forums in the future. You understand that Company staff, Company’s outside contributors, or other users connected with Company may participate in Forums or other aspects of the Website and may employ anonymous user names when doing so. You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. Company is not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. Company or its designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. NEVERTHELESS, IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

 

User-Submitted Ideas, Comments, and Other Content

Information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same (each, a “Submission”)may be posted within a Forum or otherwise disclosed or made available to Company by you or others through or in connection with the Website. Submissions posted and/or uploaded to the Forums or through the Website may be subject to size and usage limitations. You are responsible for adhering to such limitations.

You must have the legal right to upload, post, or otherwise disclose or make available each Submission before you do so. Company acquires no title or ownership rights in or to any Submission you submit through the Forums, post through the Website, or that is otherwise displayed on the Website. Company is acting only as a host, bulletin board or conduit (and not a publisher) for Submissions. For each such Submission that you submit, upload, or post to the Website, you hereby unconditionally grant to Company and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and fully-paid-up, fully sublicensable (through multiple tiers) license, under any and all such rights, without additional compensation to you or any third party to: (a) host (including without limitation offering other Website users the ability to tag, rate, review and comment on), store, cache, index, archive, crawl, reproduce, distribute, adapt (including without limitation edit, modify, remix, morph, excerpt, alter, translate, and reformat, make, sell, offer to sell, import), copy, scan, create derivative works of, transmit, perform and display (publicly or otherwise), make available to the public and otherwise use and exploit (and have others exercise such rights on behalf of us or our Affiliated Entities, through multiple tiers, to the maximum extent permitted by applicable law) such Submission, any ideas accompanying, related to, or embodied in such Submission, and any materials embodying, incorporating, or derived from such Submission, in any format or media whether now known or hereafter developed or discovered (including without limitation Internet, cable, satellite, and wireless media), for any purpose, including but not limited to any advertising or promotional purposes, developing, manufacturing and marketing products incorporating any aspect of such Submission; (b) exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Submission; (c) use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your Submission. You also hereby grant each user of the Website a non-exclusive license to access your Submission through the Website, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Website and under these Terms of Use. To the extent any right you may have in or relating to any Submission cannot be licensed to Company or the Affiliated Entities under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights, and “moral rights” or other rights with respect to attribution of authorship or integrity of materials. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including without limitation all rights of publicity, and that such Submission does not misappropriate, infringe, or otherwise violate any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity. You further represent and warrant that such Submission, and your provision thereof to and through the Website, complies with all applicable statutes, orders, regulations, rules and other laws.

 

No Responsibility for Third Party Content

In general, the Submissions in the Forums and elsewhere on the Website are supplied by third parties, including but not limited to users. In addition, some content, media and materials, including without limitation information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black and white, or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, that is displayed on the Website is supplied by third parties and/or using a third party website’s media player (such as Twitter’s API), hereafter referred to collectively as “Third Party Content.” Accordingly, Company is acting only as a host, bulletin board or conduit (and not a publisher) of such Submissions and Third Party Content and has no more editorial control over such Submissions and Third Party Content than does a public library, bookstore, or newsstand. Company and the Affiliated Entities acquire no title or ownership rights in or to any Submission or Third Party Content. Any opinions, advice, statements, services, offers, information or other Submissions or Third Party Content expressed or made available by third parties, including information providers, are solely those of the respective authors or distributors, and not of Company or any Affiliated Entities. Company, the Affiliated Entities, and the third-party providers of information do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any such Submissions or Third Party Content. Furthermore, Company and the Affiliated Entities expressly disclaim all responsibility for, and make no endorsement or representations as to, the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement, or other Submission or Third Party Content made through the Forums or displayed elsewhere on the Website by anyone other than an authorized Company representative while acting in his/her official capacity. Company and the Affiliated Entities are not responsible for any errors or omissions in any Submission or Third Party Content, or for hyperlinks embedded in any Submission or Third Party Content. Under no circumstance will Company, any Affiliated Entity or their respective employees, officers, directors, shareholders, agents, and representatives, be liable for or in connection with any loss or damage caused by your reliance on any Submission or Third Party Content made on or through the Website. In addition, Company and the Affiliated Entities have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of any information, Third Party Content or other Submission voluntarily made public through any Forum or any other part of the Website.

 

No Confidentiality or Other Obligations

Company does not accept ideas, suggestions, or other Submissions, whether pertaining to any Content, the Website, any products or services of Company or any of the Affiliated Entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other Submission through the Forums or otherwise on or through the Website (whether or not in response to a solicitation made on or through the Website), you agree that such Submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that Company has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such Submission, that no other party has any trade secret or any other rights in the Submission.

 

Monitoring; Removal of Submissions

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate each Submission before allowing it to be posted on the Website or any Forum; (b) monitor Submissions; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any Submission, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Website; to protect Company, the Affiliated Entities, and their respective employees, officers, directors, shareholders, agents, and representatives, and the Website’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose.

 

Sweepstakes, Contests, and Similar Promotions

Any sweepstakes, contests, or similar promotions made available through the Website will be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration and/or entry are valid. You agree to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

 

Colors

We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

 

Product and Service Availability

Reference to any product or service on the Website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available or that the name and description of any product from our wholesale distributors will be the same as that included on the website. Prepackaged gifts and kits are assembled individually and may vary slightly. We reserve the right to substitute a product of equal value and nature if the original product becomes unavailable. We will not be able to fill your order if you require shipping outside of the United States.

Inventory information is generally available on the website for domestic (U.S.) only. This information can be used to estimate the likelihood that merchandise will be shipped immediately after you place your order. However, we cannot guarantee that a product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is purchasable in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by email that your order will not be filled and your credit card will not be charged.

 

Shipping and Return/Replacement Policies

Where applicable, our Shipping and Return/Replacement policies are posted on the Website for your review. We request that you please read our policies thoroughly prior to purchasing products and merchandise from our Website.

 

Product Pricing

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.

Our wholesale distributors are under no obligation to honor our Website pricing or product promotions.

 

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.

Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Company does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use our Website only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

 

Termination of Access

These Terms of Use are in effect until terminated by Company. In addition to any right or remedy that may be available to Company under applicable law, Company may suspend, limit, or terminate all or a portion of your access to the Website, and/or your rights to use any of the Content, at any time with or without notice and with or without cause, including without limitation, if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Website will immediately cease. In addition, Company may refer any information on illegal activities, including your identity, to the proper authorities. You agree that Company and the Affiliated Entities shall not be liable to you or any third party for any suspension, limitation, or termination of your access to the Website. Sections 2, 3, 5, 8-11, 14-18, 20, and 22-30 shall survive any expiration or termination of these Terms of Use.

 

Privacy

Company takes the privacy of your personally identifiable information very seriously. Company only collects personally identifiable information that you voluntarily submit through the Website. Personally identifiable information may include information such as your name, postal address, date of birth and/or e-mail address, as well as other information such as survey responses. Company does not automatically collect personally identifiable information without your knowledge. Your submission of personally identifiable information through the Website is governed by Company’s Privacy Policy, which is located at http://www.thepophat.com. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

 

Disclaimer

While Company makes reasonable efforts to provide accurate Content through the Website, Company cannot guarantee accuracy. All Content, Submissions and Third Party Content are used by users at their own risk. THE WEBSITE, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE WEBSITE. FURTHER, COMPANY AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. COMPANY AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE WEBSITE.

IN NO EVENT WILL COMPANY OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT POSTED ON THE WEBSITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF COMPANY AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE WEBSITE.

 

Indemnification

You agree to defend, hold harmless and indemnify Company, the Affiliated Entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in anyway connected with: (i) any breach by you of these Terms of Use; or (ii) your use of the Content or services available on the Website in any unauthorized manner.

 

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

 

Waiver; Remedies

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Company under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.

 

International Users

The Website is controlled, operated and administered by Company (or its licensees) from its offices within the United States of America and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Company may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed at such site.

 

Contact Us; Questions or Complaints

Should you have any questions regarding these Terms of Use, please submit them through info@thepophat.com.

You may also contact us by writing to:

The Pop Hat LLC
225 Matlage Way # 1348
Sugar Land, TX 77487­-1348
United States

 

Digital Millennium Copyright Act Notice

Company is committed to complying with U.S. copyright and related laws, and requires all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is Company’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the service provided to any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Company believes in its sole discretion is infringing these rights. Any user who feels that a Submission is objectionable or infringing may send a notice under the DMCA to Company.

In order for Company to more effectively assist you, the notice must include ALL of the following:

(a) A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

(b) A description of the copyrighted work or other right you claim has been infringed or violated;

(c) Information reasonably sufficient to locate the material in question on the Website;

(d) Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner

Upon our receipt of a proper notice of claimed infringement under the DMCA, Company will seek to respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Submission in issue. The Company-designated agent (i.e., proper party) to whom you should address such notice is:

The Pop Hat LLC
225 Matlage Way # 1348
Sugar Land, TX 77487­-1348
United States

 

Miscellaneous

These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. By using the Website, you agree to be bound by these Term of Use, and to the extent that any or all terms of these Terms of Use are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with Company with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms of Use shall supersede such other agreement and prevail. Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in Company’s discretion (in the latter two situations, via the most recent address that we have on file). The Website may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.