Last updated: 9/22/21
4. Intellectual Property Rights
11. Your Indemnification Obligations
12. Modification and Discontinuation
The PopSockets site, located at www.popsockets.com and the PopSockets mobile applications are the property of PopSockets LLC (“PopSockets,” “we,” “us,” “our”). Your download, installation, or use of our site, mobile applications and any of our services, including the purchase of products, made available through the site, or our mobile applications (collectively referred to as the “Site”) is subject to your agreement to the terms and conditions set forth herein (the “Terms”) and the completion of any applicable registration requirements. By accessing, registering to access, or otherwise using any part of the Site you agree to be bound by these Terms, and your use shall be deemed to be your (and if acting on behalf of a third party or entity, such third party’s or entity’s) agreement to abide by these Terms (references in these terms and conditions to “you” include you and any such third party or entity). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE OR USE OUR SERVICES.
PopSockets may revise, update, or otherwise change these Terms at any time by posting updated terms on the Site. The date these Terms were last updated appears at the top of this page. Please check this page from time to time so that you are aware of any changes. All changes are effective immediately when posted and apply to all access and use of the Site thereafter. We may send you an email notice of the revised terms, but such notice is provided for your convenience only. If you do not agree to any change, your only remedy is to stop using the Site. If you continue to use the Site after an update is posted, you will be deemed to have accepted the changes. If you have any questions about these Terms, please contact us at: email@example.com.
You acknowledge and understand that the Site may require utilization of your cellular phone and its service, data access or text messaging capabilities. You are responsible for any data charges incurred by your cell phone provider through use of the Site.
The Site may allow you to upload photographs, reviews, videos, designs, images, drawings, graphics, artwork, works of authorship, or other content or materials (“User Content”). You are solely responsible for your User Content and the consequences of submitting and publishing User Content via the Site and related PopSockets platforms. Any User Content you post to the Site will be considered non-confidential and non-proprietary.
You represent and warrant that: (a) you own or control all rights in and to the User Content and have the right to grant the license described below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) all of your User Content does and will comply with these Terms.
You retain ownership of your User Content and hereby grant to PopSockets and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute (through multiple tiers), create derivative works of, and publicly display your User Content, in whole or in part, and to grant and authorize sublicenses of the foregoing, without any compensation to you or to any third party, via the Site and for PopSockets’ business purposes, including sale of products bearing the User Content to customers and third party retailers, in any media now known or hereafter developed. You also grant to other users of the Site a non-exclusive license to access your User Content, and to use, reproduce, create derivative works of, adapt, publish, transmit, distribute and publicly display such User Content subject to these Terms. You grant PopSockets the right to identify you as the author of any such User Content by name, email address, screen name, likeness, or other identifying information, and you acknowledge that PopSockets has the right, but is not obligated, to use any such User Content and that PopSockets may stop using such User Content at any time for any reason.
You agree not to submit, upload, or otherwise make available via the Site, any User Content or materials that: (i) are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable as determined by PopSockets; (ii) you do not have the rights necessary to use, transmit, publish, or to grant PopSockets the license as described herein; (iii) are deceptive or misrepresent your identity or affiliation with any person or entity; (iv) infringe any patent, trademark, trade secret, copyright, or other intellectual property right, or otherwise violate the legal rights (including the rights of publicity and privacy) of others; (v) contain photographs or images of people who have not given permission for their photographs to be used by you in such a manner; or (vi) otherwise violate these Terms. You acknowledge that PopSockets has no obligation to monitor or screen User Content or other materials submitted to the Site. PopSockets shall have the right (but not the obligation) to reject, remove, or delete any User Content and other materials for any or no reason. PopSockets also has the right take any action, including legal action, with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for PopSockets. YOU EXPRESSLY WAIVE AND HOLD HARMLESS POPSOCKETS AND ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSEES, AND SERVICE PROVIDERS (COLLECTIVELY, "POPSOCKETS PARTIES" FROM ANY CLAIMS, DAMAGES, OR LIABILITIES RESULTING FROM ANY ACTION TAKEN BY POPSOCKETS DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER POPSOCKETS OR APPLICABLE AUTHORITIES IN CONNECTION WITH YOUR USER CONTENT.
You understand and agree that PopSockets does not control and is not responsible for any content made available through the Site by you or other users. Your use of, or reliance on, any information contained in such content is at your own risk. Under no circumstances will PopSockets be liable for any User Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such content.
Some portions of the Site may allow you to customize your User Content or certain artwork, backgrounds, images, or photos provided by PopSockets and/or its licensors (“Provided Content”) using different tools (e.g., filters, marbleizing, distortions, etc.) available on the Site. You are permitted to use and modify such Provided Content using the Site’s tools and functionality, provided, however, that your modifications and customizations to Provided Content and the resulting customized content (collectively, “Custom Provided Content”) shall be owned by PopSockets, its licensors, or its third-party designee. You hereby irrevocably assign and agree to assign (when any such Custom Provided Content is first fixed in a tangible form) to PopSockets (or to a third party designated by PopSockets) all right, title, and interest worldwide in and to such Custom Provided Content, and all intellectual property rights therein. To the extent any applicable law prohibits the assignment or transfer of any rights of paternity, integrity, disclosure, withdrawal, or any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights”) in or to the Custom Provided Content, you hereby waive, to the fullest extent permitted by law, all Moral Rights in any Custom Provided Content in favor of PopSockets, and you hereby consent to and ratify any action or inaction that may be taken or permitted by PopSockets with respect to Custom Provided Content (including any actions or inactions that would violate Moral Rights in the absence of such consent, such as attribution, non-attribution, false attribution, repair, modification, replacement or destruction of the Custom Provided Content). You acknowledge and agree that PopSockets may permit you or other users to share or use Custom Provided Content via the Site, social media websites, or other sharing mechanisms permitted or provided by PopSockets via the Site. You agree to confirm any such waivers and consents from time to time as requested by PopSockets.
You must be at least 13 years of age to use the Site. If you are under 13, do not use this site or provide any information on the Site.
Your permitted download, install, and use of the Site and Information (as defined in Section 4) is limited to personal, non-commercial use. You are not granted any rights in or to the Site, any services or any information provided on or through the Site, other than the limited, non-transferrable right to download, install, or use (as applicable) the Site in accordance with these Terms and the policies and procedures that PopSockets may adopt and make available on the Site from time to time.
Your permitted use of the Site is limited to the standard functionality of a website or mobile application, as applicable. In no event may the Site be used in a manner that: (i) is unlawful, fraudulent or deceptive; (ii) harasses, abuses, stalks, threatens, defames, impersonates, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by PopSockets to access Information; (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) attempts to gain unauthorized access to PopSockets’ systems, user accounts, or user personal information or login credentials; (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden PopSockets’ servers or networks, or (viii) fails to comply with applicable third party terms (e.g., wireless carrier terms of service). PopSockets reserves the right to bring legal action against you if you use the Site in a manner that violates these Terms. PopSockets’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
If you register an account on the Site, you are solely responsible for maintaining the confidentiality of your username, password and any other login credentials. You are responsible for all activity that occurs through your account, so if your credentials are used in an unauthorized manner, you must contact us immediately. You agree that you are solely responsible for your interaction with any other users of the Site, whether through the Site or through other means. PopSockets is not responsible or liable for the conduct of any other user or person.
Text Message Services
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. For more information about text messages, see our Text Message Terms & Conditions.
For PopSockets’ intellectual property information, click here.
The Site contains information proprietary to PopSockets and its business partners and customers (the “Information”) including but not limited to (i) the Site’s look and feel, embodied know-how, ideas, concepts, videos, designs, images, and other content, and (ii) information and data related to PopSockets, its business partners, and its or their customers or end users. You acknowledge that this Information may be treated as confidential by PopSockets, its business partners, and customers and agree to take all reasonable measures to protect the confidentiality of the Information. The Site and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), excluding your User Content, are owned by PopSockets, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You do not acquire any ownership interest in the Site under these Terms, or any other rights thereto other than to use the Site in accordance with, and subject to all terms, conditions, and restrictions, set forth in these Terms.
You agree: (i) not to reproduce, duplicate, retransmit, copy, publicly display, sell, resell, rent, lease, lend, sublicense, distribute, publish, transfer, make available to third parties, or use the Site or Information for business or commercial purposes without PopSockets’ prior written consent in each instance; (ii) not to reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or any part thereof; (iii) not to alter or remove any consent or other proprietary notice or legend on the Site or any of the Information: and (iv) not to remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other U.S. and international laws.
All rights regarding any trademarks, trade names, service marks, logos or trade dress (collectively, “Marks”) contained in, or used in connection with, the Site and PopSockets products are expressly reserved by PopSockets and its licensors. The Marks, and all associated logos or images, are registered or common law trademarks of PopSockets and its licensors, and are protected by United States and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms or by virtue of your use of the Site. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of PopSockets or the applicable rights holder.
PopSockets cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. UNLESS THE SITE EXPLICITLY AND EXPRESSLY STATES OTHERWISE, TO THE FULLEST EXTENT PROVIDED BY LAW, POPSOCKETS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ALL SERVICES AND PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. UNLESS EXPLICITLY PROVIDED OTHERWISE HEREIN, THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE POPSOCKETS PARTIES (AS DEFINED IN SECTION 2) NOR ANY PERSON ASSOCIATED WITH POPSOCKETS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE POPSOCKETS PARTIES NOR ANYONE ASSOCIATED WITH POPSOCKETS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, POPSOCKETS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The information and all other materials on the Site are provided for general information purposes only. It is your responsibility to evaluate the accuracy and completeness of all information, statements, opinions, and other material on the Site or any website with which it is linked.
In the event a product is listed on the Site at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. PopSockets reserves the right to reject or cancel any orders placed on the Site.
7. Personal Information
8. Removal of User Content
We cannot and do not undertake to review all material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or User Content provided by any user or third party. However, on certain pages of the Site, PopSockets may provide you with a tool to report objectionable User Content. If that tool is not available, you can report objectionable User Content by contacting us using the information provided below. PopSockets does not have any obligation to remove any User Content from the Site, but we will review all such requests and remove User Content that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if User Content has already been distributed to other websites or published in other media, or printed and/or sold on products, PopSockets will not be able to recapture and delete it. A back-up or residual copy of the User Content that PopSockets removes from the Site may remain on backup servers. PopSockets does not knowingly violate or permit others to violate the copyright rights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyright rights, please note that the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that your work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied and made available on the Site in a manner that constitutes copyright infringement, please notify us immediately. In accordance with the DMCA, your notice must be in writing and must include:
Your statement must be addressed as follows:
5757 Central Avenue
Boulder, CO 80301
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
9. Links to Other Websites or Materials, Advertising, and Third Party Products or Services
The Site may contain links or advertisements to other websites, products, or services provided or maintained by third parties. An advertisement of, or link to, a non-PopSockets website, product, or service does not mean that PopSockets approves, endorses, or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website. Such websites, products, and services are not investigated, monitored, or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied or otherwise about other websites that you may access through our Site, the content thereof, or the products or services made available through such websites. If you decide to leave the Site and access other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while accessing and using such websites. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. Your use of any third-party social networking website in connection with your use of the Site may cause personally identifying information to be publicly disclosed or associated with you. You agree that any use of a social networking website in connection with your use of the Site is at your own risk, and you will hold PopSockets harmless for activity and information sharing related to such third-party social networking websites.
Some of the services available through the Site are supported by advertising revenue and may display advertisements and promotions. You hereby agree that PopSockets may place such advertising and promotions on the Site or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice.
10. Exclusion of Liability; Time Limit for Claims
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL POPSOCKETS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE SERVICES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, INCLUDING ANY AND ALL DAMAGES RESULTING FROM: (A) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (D) ANY OTHER MATTER RELATING TO THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SITE AND SERVICES IS TO STOP USING THE SITE AND SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless PopSockets, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms, any other agreement you have entered into with PopSockets, and any representation or warranty contained herein or therein; (ii) your use of the Site, including, but not limited to, your use of information obtained from the Site, your connection to the Site, and any activity related to access to or use of your account by you or any other person; (iii) your User Content; (iv) your violation of any third party right, including without limitation any intellectual property or privacy rights; (v) your activities in connection with obtaining any products or services from us; or (vi) your violation of applicable law.
PopSockets reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PopSockets in asserting any available defenses, and you will reimburse PopSockets for all costs incurred in its assumption of the defense.
12. Modification and Discontinuation
We reserve the right at any time, and from time to time, to withdraw, amend, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) or the information, materials, products, or the Site (or any part thereof), in our sole discretion without notice. PopSockets may, from time to time. in its sole discretion, develop and provide Site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that PopSockets has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the Site will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Site or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of this Agreement.
From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. We reserve the right to deny use of or force forfeiture of any username for any reason at any time. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, discontinuance, or restricted access to any part of the Site or any username. Your violation of these Terms may, in PopSockets’ sole discretion, result in termination of your account or Site access. In the event of termination of your account or your access to the Site, your User Content and any Custom Provided Content will no longer be accessible to you through your account. You may terminate these Terms by discontinuing all use of the Site and deleting the Site and all copies thereof from your device. Any later download, install, or use the Site thereafter shall be subject to the then current version of these Terms. Termination will not limit any of PopSockets’ rights or remedies at law or in equity.
13. Law & Jurisdiction
These Terms shall be subject to, governed by and construed under the laws of the State of Colorado in the United States of America, without regard to conflict of law principles. The Site is operated from the State of Colorado and is intended to be accessed only by persons in the United States and Canada. Access to, or use of, the Site or information, materials, products, or services on the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.
You hereby consent and waive all objections to the exclusive jurisdiction of the appropriate state court in Boulder County and federal court in Denver County in the State of Colorado and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Site, products, and services. However, PopSockets retains the right to bring legal proceedings in any jurisdiction where we believe that a violation of these Terms is taking place or originating from.
If any provision of these Terms is invalid, illegal, or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the remaining provisions of these Terms shall in no way be affected or impaired.
These terms and conditions may not be modified by you. The following rights and obligations shall survive termination of this Agreement: (i) your representations and warranties, indemnification obligations, and use restrictions; (ii) PopSockets’ limitation of liability, waiver of warranties, and intellectual property rights; and (iii) any other right or obligation of the parties in this Agreement that, by its nature, should survive termination of this Agreement. The relationship between PopSockets and you, as established by these Terms, is that of independent contractors, and nothing contained herein shall be construed to constitute either party as the agent of the other party, or as partners, joint venturers, co-owners, employers/employees, franchisors/franchisees, or otherwise as participants in a joint or common undertaking. PopSockets exercises no control over you other than the ability to limit or terminate your ability to use the Site. PopSockets may assign its rights and responsibilities hereunder without notice to you, and these Terms will inure to the benefit of PopSockets’ successors, assigns, and licensees. PopSockets’ failure to exercise or enforce any right or provision of these Terms, or its delay in taking actions permitted herein, does not constitute a waiver of any of the rights or permissions granted herein, including its right to enforce these Terms to the fullest extent possible. PopSockets’ failure to act with respect to a breach by you or others does not waive PopSockets right to act with respect to subsequent or similar breaches. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. For purposes of these Terms, the word “including” and correlative terms shall mean inclusion without limitation, and the word “or” is not exclusive. Any headings contained herein are used only as a matter of convenience and reference, and are in no way intended to define, limit, expand or describe the scope of these Terms. All references to these Terms and the words “herein”, “hereof”, “hereto” and “hereunder” and other words of similar import refer to these Terms as a whole and not to any particular section. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.
To the extent that you access or use any portion of the Site via Apple Inc. or another mobile application platform provider (collectively, “Platform Provider”), you acknowledge and agree that these Terms are between you and PopSockets, not with Platform Provider, and Platform Provider is not responsible for the Site or the functionality or content thereof. Platform Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Site. Your right to use the Site through a Platform Provider is limited to use on devices that you own or control, unless you are accessing and using the Site via a permitted account on a family sharing or volume purchasing plan.
In the event of any failure of the Site to conform to any applicable warranty, then you may notify Platform Provider, and Platform Provider may refund the purchase price for the relevant Site to you; and, to the maximum extent permitted by applicable law, Platform Provider has no other warranty obligation whatsoever with respect to the Site. As between Platform Provider and PopSockets, PopSockets is responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Site to conform to any warranty, subject to the terms of these Terms. Platform Provider is not responsible for addressing any claims brought by you or any third party relating to the Site or your possession or use of the Site, including: (a) product liability claims; (b) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. Platform Provider is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Site infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Site. Platform Provider and Platform Provider’s subsidiaries are third-party beneficiaries of these Terms and have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries of these Terms. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
We strive to provide an excellent online experience for all visitors to our website. We believe all of our visitors should be able to easily navigate our website, regardless of whether the visitor has a need for assistive technologies like screen readers, magnifiers, voice recognition software or switch technology.
To ensure access, we are committed to maintaining compliance with the success criteria of the Website Content Accessibility Guidelines.
• The Web Content Accessibility Guidelines are recognized and acknowledged as the international standard measure of success. Our site is designed and developed with these guidelines in mind.
• We regularly test our website to ensure we meet or exceed the AA standard and that it is usable by guests who use assistive technology.
If you have questions or need assistance, or if you would like to report an issue relating to the accessibility of this Website, please use this link help.popsockets.com
Returns and Exchanges
PopSockets are awesome—are you sure you want to do a return? If you’re not a fan, perhaps you’d want to give yours to someone who is?
If your product is defective, let us know and we’ll be happy to make it right. Please submit a defective-product request to help.popsockets.com and send the defective or damaged item to the below address. More information on our limited product warranty is stated below.
If you want to return your item because you don’t want it anymore, let us know within 30 days. Unfortunately, we can’t offer you a refund or exchange if you do not contact us within 30 days of placing your order. To be eligible for a return, your item must be unused, in the original packaging, and in the same condition that you received it. We require a receipt, order number, or other proof of purchase in order to complete your return. If you purchased PopSockets products from a third-party re-seller or retailer, please return your item(s) to the store where you purchased it.
You will be responsible for paying for your own shipping costs for returning your item. If you are shipping items worth over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
We are not able to offer partial refunds for items that are not in their original condition or items that are returned more than 30 days after delivery.
Late or Missing Refunds
If you haven’t received a refund yet, contact your bank or credit card company; it may take some processing time before your refund is officially posted. If you’ve done this and you still have not received your refund, please visit our help center at help.popsockets.com, and submit a request to speak with a customer service agent.
WHO IS COVERED? We provide a limited product warranty that is non-transferable and covers only the original end purchaser. An original or copy of the sales receipt from the original PopSockets authorized sales retailer is required for our warranty service, unless otherwise prohibited by law. This limited warranty does not cover products purchased through online auction websites. PopSockets products are legitimately sold only by authorized retailers who are required to follow PopSockets’ policies, procedures, and quality control standards. This limited warranty is provided in addition to any other rights the original end purchaser may have at law, which vary from state to state.
WHAT IS COVERED AND WHAT IS THE WARRANTY PERIOD? PopSockets warrants that its products will be free from defects in workmanship and materials under normal use for the lifetime of the product which PopSockets designates to be three years.
WHAT IS NOT COVERED? PopSockets is not responsible for damage to any other product other than PopSockets’ products purchased through PopSockets’ or its authorized sales retailers. Further, the limited warranty does not cover any: normal wear and tear of product use; product that has been altered or customized by a reseller, you or any third party; damage caused by misuse, lack of care, mishandling, accident, or abuse; damage caused by use of the product other than for its intended purpose; product that has been improperly repaired or maintained; product that has been repaired by an unauthorized provider; and damage to any third-party product, including without limitation damage to any device used in connection with the PopSockets’ product.
HOW TO MAKE A CLAIM UNDER THIS LIMITED WARRANTY. Warranty claims must be made directly to PopSockets. Product must be returned to PopSockets LLC, 5757 Central Ave., Boulder, Colorado, 80301 U.S.A. via traceable shipping method along with the original purchase receipt and your contact name, phone number, and physical and email addresses. If PopSockets determines that there is a warranted defect in the product, PopSockets will, at its option, repair the defect, provide a replacement product to you, or provide a refund of the purchase price of the product within 30 days. PopSockets is not liable for products that are damaged or lost in transit to PopSockets. You must pay shipping costs for the return of your product to PopSockets, and you will be responsible for taxes, customs fees, duties, brokerage, or other related costs, if applicable. However, PopSockets will pay the shipping costs for the shipment of the replacement or repaired product to you.
PopSockets reserves the right to send you a replacement product that is the same or of a similar style or a substitute equivalent that may not be of like kind (depending on availability). Replacement products will be furnished only on an exchange basis. Replacement products are covered by this limited warranty for the remainder of the original applicable product warranty period.
PRODUCT WARRANTY DISCLAIMERS.TO THE EXTENT PERMITTED BY LAW, POPSOCKETS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, POPSOCKETS, ITS EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGE TO ANY DEVICE USED IN CONNECTION WITH THE PRODUCT. IF THIS LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW, OR IS NOT EFFECTIVE AT LAW, THEN TO THE EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES IN TORT (INCLUDING NEGLIGENCE), THE ENTIRE LIABILITY OF POPSOCKETS AND ANY OF ITS SUPPLIERS SHALL BY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO POPSOCKETS FOR THE APPLICABLE PRODUCT.
Unsolicited Idea Submission
Ideas are amazing. We don’t know where they come from, and when you get right down to it, we don’t really even know what they are. But we do know that we love to hear your ideas and feedback about our products and service, so share them if you feel inspired. However, we can’t make any guarantees. We might already be working on the same thing, and if we launch it, we don’t want you to feel disappointed.
Unsolicited Idea Policy:
The purpose of this Unsolicited Idea Policy is to prevent any misunderstanding or conflict with you regarding PopSockets’ products, services, and operations and any unsolicited ideas you submit to PopSockets. If you submit and volunteer ideas to PopSockets, and regardless of any correspondence from you to contrary, the following terms apply:
A. Before volunteering and making any idea submissions in any form to PopSockets, you need to know that we have no obligation to pay you for it. PopSockets is not obligated to maintain confidentiality about what you submit, and we may use the content in any way (or not at all). PopSockets has no obligation to review what you submit, and PopSockets may redistribute it without communicating with you or seeking your consent. PopSockets’ receipt of your submission is not an admission of any novelty, priority, or originality.
B. Any ideas or suggestions that you submit to PopSockets will be owned by PopSockets, and you hereby irrevocably assign any and all intellectual property rights in and to the ideas and suggestions that you share with us. The intellectual property rights in or relating to the content of any notes, messages, emails, postings, letters, ideas, suggestions, concepts or other written materials that you submit or communicate to PopSockets will automatically be deemed to be assigned, granted, and transferred by you to PopSockets upon your submission or communication to PopSockets, and you hereby assign all rights therein to PopSockets and agree that the same will automatically become the property of PopSockets. PopSockets may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose PopSockets as may elect at any time, now or in the future. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.