Terms & Conditions

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This document is a legally binding contract between Company and you, Customer (as defined herein), for the use of our Pop-Up Store (the “Site”). Please read this Terms of Use (the “Terms”) carefully before using the Site.

These Terms constitute a binding agreement between Company and Customer. Please read carefully through all sections of these Terms, your access to and use of the Site is subject to these Terms and all applicable laws. By using the Site, you agree to these Terms. If you do not agree with these Terms, then you should not access or otherwise use the Site or complete an order.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between Company and you regarding use of the Site will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.

1. Can These Terms Be Modified?

Company may change, update, add, or remove provisions of these Terms at any time. Company will make commercially reasonable efforts to notify you of any material changes to these Terms, however, Company is not obligated to. You waive any right to receive specific notice of such changes to these Terms. By using the Site after Company has updated the Terms, you are agreeing to the then-current Terms.

2. Additional Terms

We may also require you to follow additional rules, policies or guidelines to complete your order or purchase of any Products (“Additional Terms”). Additional Terms may be provided in a separate “click-through” agreement or disclosure at or prior to purchase. If any Additional Terms are different than these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.

3. Definitions

• “Content” refers to content featured or displayed through the Store or on Products, including without limitation, text, data, articles, images, photographs, graphics, software, applications, designs, and features.

• “Customers,” “you,” or “your” refers to the individual person, company, or organization that purchases Products through the Store.

• “Company,” “we,” “us,” or “our” refers to the individual person, company, or organization that owns the Store and is the merchant of record for each transaction.

• “Store” refers to the online marketplace that Company creates and publishes to sell its Products to Customers.

• “Products,” refers to all products offered by Company on the Store including, but not limited to clothing, accessories, home decor, kitchenware, footwear, and stationary, and cosmetics.

4. Accessing the Site

You must be at least 18 years old to access and use the Site. By accessing and using the Site, you represent and warrant that you are 18 years old and have the legal capacity and authority to enter into a contract. If you use the Site on behalf of a company, organization, or other entity, then “you” includes the entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms.
To access the Site, you will be required to provide certain personal information or other registration information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete, and that you have the authority to provide such information to us.

Due to the nature of the Internet, Company cannot guarantee uninterrupted access and availability of the Site. We reserve the right to restrict the availability of our Site or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Site. Company can improve or modify its Site and may introduce new offerings from time to time.

5. Content

Unless otherwise specified in these Terms, all information and screens appearing on the Site are the sole property of us or our subsidiaries and affiliates, and other parties. We provide Content through the Site that is copyrighted or contains protectable trademarks of us or our third-party licensors and suppliers.

Subject to these Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download the Content for the sole purpose of viewing.  Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights to the Site and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site in any manner or for any purpose that would constitute infringement of our or our licensors intellectual property rights. All rights not expressly granted herein are reserved. For the avoidance of doubt, such license does not grant you any rights to use any Content that is available on any Products.

6. Prohibited Activities

As a condition of use of the Site, you agree not to use the Site for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Site and you represent and warrant that you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes in connection with your use of the Site and purchase of Products. You represent and warrant that you shall not:

1. Resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Site

2. Modify, reverse engineer, decompile, or disassemble the Site

3. Copy, adapt, alter, modify, translate, or create derivative works of the Site without written authorization of Company 

4. Circumvent or disable any technological features or measures in the Site that are designed for protection of intellectual property rights

5. Use the Site in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction

6. Use or access the Site to compile data in a manner that is used or usable by a competitive product or services

Any such forbidden use shall immediately terminate your license to the Site.

7. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting Site. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. Linking to the Site and Social Media Features

You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain Content on the Site.

• Send emails or other communications with certain content, or links to certain Content, on the Site.

• Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us to stop any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time in our sole discretion and without notice.

9. Third-Party Links

Company may give you access to links to various external resources or third-party sites (“Third-Party Sites”). Company does not endorse any of these Third-Party Sites and does not control them in any manner. These Third-Party Sites may be governed by their own terms of service and policies. Company is not liable or responsible for the accuracy of such Site or their content, or products, and you need to take appropriate steps to determine whether accessing a Third-Party Site is appropriate, and to protect your personal information and privacy on such Third-Party Site. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SITE, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

10. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO COMPANY OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OF OR INABILITY TO USE THE SITE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (D) ANY OTHER MATTER RELATED TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Company and, to the extent applicable, our parent, subsidiaries, and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors, and third-party service providers, for any and all losses, claims, demands, actions, liability, fines, penalties, and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Site, including (a) your breach of these Terms, including your representations and warranties herein, (b) your negligence or intentional acts or omissions hereunder, or (c) your violation of any law or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

12. Disclaimer of Warranties

Company makes no representation that the Site is appropriate or available for use in all locations. The Site may not be available in your location or may vary across locations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE,” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PROVIDERS OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.

13. Other Terms

Relationship. Your relationship to Company is limited to that of a customer and not an employee, agent, joint venturer, or partner of Company for any reason.

Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Site) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Site and information, software, products and services associated with it.

Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

Governing Law and Venue. These

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Site.

No Waiver. ​No failure, omission or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.

Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Arooing Beagle Art