Terms & Conditions
This website is owned and operated by Pop Galaxy Clothing. "We," "us," "our," and "Pop Galaxy" refer to Pop Galaxy Clothing. "You," "user," "your," "visitor," and "customer" refer to you. "Website," "site," "store," "shop," and "here" refer to this website.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Pop Galaxy may make changes to the Terms of Service at any time. Changes will be published to this page. Use of this site indicates acceptance of the updated Terms of Service.
By using or visiting this website, you represent that you have reached the age of majority in your jurisdiction.
You may not use this website or our products for any illegal purpose, or in any unauthorized or unintended manner, or to violate any laws in your jurisdiction, to solicit others to participate in unlawful acts, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others, or to submit false or misleading information, or to to spam, phish, pharm, pretext, spider, crawl, or scrape, or to collect or track the personal information of others, or for any obscene or immoral purpose. You may not transmit worms, viruses, or otherwise destructive or disruptive code, or interfere with or circumvent the security features of this website or any other websites or services. You are responsible for all use of your username and/or password, and should therefore keep this information secure. Pop Galaxy may close your account(s) if you are considered (in our sole determination) to be using IP addresses which disrupt any of our services or in an attempt to hide the use of multiple accounts. A breach or violation of any of the Terms may result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your credit card information is encrypted during transfer over networks, but other content may be transferred unencrypted and involve transmissions over various networks, and changed to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website, use of this website, or access to this website or any contact on the website through which the service is provided, without express written permission by us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
All materials displayed on this website, including without limitation, all text, graphics, advertisements, names, logos, trademarks, applications and software (whether registered or not) ("our content") are our property or the property of their respective owners (including our licensors and other users) and are protected by copyright, trademark and other intellectual property laws.
You may use our content for your personal, non-commercial purposes, such as to obtain information about Products and/or place an order for Products using this Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of our content.
To the extent allowed by law, Pop Galaxy does not guarantee the accuracy, completeness, security or currency of our content and we have no liability to you for your use or reliance on the content on this website. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties. Pop Galaxy reserves all other rights not expressly granted.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our service. Some of our products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in this website will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Pop Galaxy will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond our reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
You may be able to upload, publish, or submit materials to or through this website, including text, images, information, comments, and other data, via email, comment, post, blog, or other means ("content"). You own any content you upload and publish. You submit your content at your own risk, and are personally responsible and liable for your content. By uploading and publishing your content, you acknowledge that it does not contain any confidential information and may be seen by others.
By uploading, submitting, or sending content to Pop Galaxy, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use your content in any medium. You agree that your content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for your content. We take no responsibility and assume no liability for any content posted by you or any third-party. We are and shall be under no obligation to maintain any content in confidence; to pay compensation for any content; or to respond to any content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
By submitting your content, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive license to use in any way, part or all of your content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorize others to do so. Pop Galaxy, our successors, assignees and licensees may do or omit to do anything to your content which may infringe your moral rights in your content, including editing, altering and reproducing your content in any manner or context, in perpetuity throughout the world.
We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with your content or the content submitted by other users, including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site. We may, but have no obligation to, amend, supplement, delete or update any content on this website, including your content, without notifying you and at our sole discretion. However, we may remove any defamatory, misleading, false, offensive or otherwise illegal material (including in your content) that we become aware of, without notifying you.
You should take care when interacting with other users of this website. It is possible that some users will not comply with the Terms of Service, and may post content that breaches the Terms of Service. You indemnify and hold us harmless for any actions of any other user, as well as for any dispute or claim that you may make against any other user, regardless of whether it relates to the use of this website.
If Pop Galaxy merges with, sells to or otherwise changes control of its business and/or this website, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content and rights that Pop Galaxy has collected from you and any agreements it had made with you in connection with your use of this website.
Certain content, products and services available via this website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us, including social media sites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Please direct any complaints, claims, concerns, or questions regarding third-party products to the third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
WARRANTIES AND DISCLAIMERS
We do not guarantee, represent or warrant that your use of this website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of this website will be accurate or reliable. You agree that from time to time we may remove our service for indefinite periods of time or cancel our service at any time, without notice to you. You expressly agree that your use of, or inability to use, this website, our service, or any products is at your sole risk. This website and all products and services delivered to you through this website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pop Galaxy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this website, our service, or any products, or for any other claim related in any way to your use of this website, our service, or any products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of this website, our service, or any products, or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Pop Galaxy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and Pop Galaxy. The failure by Pop Galaxy to exercise or enforce any right or provision under these terms will not constitute a waiver of the right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Pop Galaxy.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to our service constitutes the entire agreement and understanding between you and us and govern your use of our service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of California, USA.