POP Cats (“we”, “our” or “us”) is an affiliate of Doodles Productions, LLC. We distribute, sell products, and provide services to you when you visit or shop our Services. These Services are owned by Doodles Productions, LLC , its licensors, or other providers of such material are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to these Terms. We reserve the right, in our sole discretion and without notice to you, to revise the products and offers available on the Services and to change, suspend, or discontinue any aspect of the Services and we will not be liable to you or to any third party for doing so.
These Terms don’t create any agency, partnership, joint venture, employment, or franchises relationship between you and POP Cats.
1.1 You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way use any of the content found on the Services.
1.2 You agree that you will avoid harassing, threatening, intimidating, predatory, or stalking conduct.
1.3 You agree that will not use or attempt to use another user’s account without authorization from such user and POP Cats.
1.4 You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, or international laws that may apply to you.
1.5 You may not sell anything that violates any laws, and you may not engage in fraud, false claims, infringement notices, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against POP Cats, another POP Cats user, or a third party.
1.6 You agree not to interfere with or try to disrupt our Services or attempt to use the Service to gain unauthorized access to any other computer system.
2.1 The Services are not targeted toward or intended for use by anyone under the age of 18. By agreeing to these Terms you represent that you are 18 years of age or older. We ask that children under the age of 18 not provide any personal information on our Services.
2.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
2.3 If you have a POP Cats account, you agree that you have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services.
2.4 When using our Services, provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
2.5 If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales taxes are based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the Internet are taxable.
Diet and Health Release
Some of the information available on the Services may relate to modifications to your diet, you agree to use your good judgment and reasonable care, including seeking counsel from your healthcare providers, prior to making any changes to your diet or lifestyle. No information on the Services is intended as medical or healthcare information or advice. Please consult your healthcare professional(s) regarding all matters related to your diet and health, including without limitation herbal and nutritional products. You agree not to rely on any information on the Service to make health-related decisions.
5.1 Termination By you: We are very sorry to see you go, but you may terminate your account with POP Cats at any time from our account settings. First, you must pay any outstanding bills.
5.2 Termination by us: We may terminate or suspend your account and your access to the Services should we have reason to believe you, your content or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. POP Cats will notify you that your account has been terminated or suspended unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or POP Cats terminate your account, you may lose any information associated with your account, including your content.
We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Warranties and Limitations of Liability
6.1 Items You Purchase. You understand that POP Cats does not manufacture, store, or inspect any of the items sold through our Services. We provide the platform; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so POP Cats cannot and does not make any warranties about their quality, safety, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release POP Cats from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
6.2 Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. POP Cats is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
6.3 People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.
6.4 Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control. You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. 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.
6 .5 Your comments, feedback, and other submissions. Any information or content you send us such as photos, videos, creative ideas, suggestions proposals, or other materials (collectively “Comments”) , whether by email, mail, or online you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium. We shall be under no obligation to maintain any Comments in confidence to pay compensation for any Comments or respond to any Comments.
You agree to indemnify and hold POP Cats and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your illegal use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your posting of any defamatory or infringing content on the Website or pop up stores, and (d) your violation of any third-party rights in connection with your use of the Services. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
ALTHOUGH POP CATS RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE SERVICES, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. POP CATS DOES NOT WARRANT THAT THE SERVICES OR ANY INFORMATION, CONTENT OR FUNCTIONALITIES OFFERED THROUGH THE SERVICES, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM POP CATS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POP CATS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN PALM BEACH, FLORIDA, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE ON THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
POP CATS AND YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN PALM BEACH, FLORIDA.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Boxed is specifically required to pay such fees under applicable law.
Intellectual Property Claims by POP Cats
In the event of intellectual property claims by POP Cats against you, POP Cats shall have the right to litigate such claims in any state or federal court in Tampa, Florida, and you consent to the exclusive and mandatory venue in such courts.
If you have any questions about the Terms, please email us at firstname.lastname@example.org