POP GOES THE MONKEY - TERMS OF SERVICE

Effective September 5th, 2019

 

Thank you for visiting PopGoestheMonkey.com (the “Site”), which is owned and operated by EntrepreNerd, Inc. (“we,” “us” or “our”).  These Terms of Service (the "Terms") apply to your use of the Site.  Where used in these Terms, “you,” “your” and similar words mean the visitor to and/or user of the Site. 

 By using the Site, you represent to us that you have read, understand and accept these Terms and that you are over the age of 13 and are at least the age of majority in your jurisdiction (which, in most jurisdictions, is 18). 

Notwithstanding your agreement to these Terms, your access to the Site is at our sole and absolute discretion.  We may temporarily or permanently terminate, suspend, or refuse to permit you to access any portion of the Site and to any of the services provided on the Site for any reason, at our sole and absolute discretion with or without notice and without liability to us.  These Terms will continue in effect and are binding upon you even if the Site is not accessible or if your access to the Site is terminated or suspended.  

The Site uses technologies that monitor and track use of the Site and collect certain personal and non-personal information about you.  By using the Site, your personal and non-personal information will be collected, retained and used in accordance with our Privacy Statement.  More information regarding our use of personal and non-personal information can be found in our Privacy Statement, which is incorporated into and made a substantive part of these Terms. 

BY USING THE SITE, YOU AGREE TO THESE TERMS IN FULL AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE AND YOU MUST LEAVE THE SITE IMMEDIATELY.

 

1. OUR PRODUCTS

We offer and sell unique products that we design and create, and which are custom-printed on demand when you place an order through the Site.   We are  not affiliated in any way with Games Workshop Group PLC or its affiliates.  Our products are not designed, manufactured, licensed or approved by Games Workshop Group PLC, and our products are not intended to include or infringe any intellectual property rights of Games Workshop Group PLC. 

 

2. PERMITTED AND PROHIBITED USES 

You may use the Site and the content of the Site only as expressly permitted by these Terms.  Among other things, all of the following actions and conduct are expressly prohibited:

  •  You may not attempt to gain unauthorized access to any portion or feature of the Site, any systems or networks related to the Site or to any server related to the Site. 
  • You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent automated or manual process, to access, acquire, copy or monitor any portion of the Site.  
  • You many not reproduce or circumvent the navigational structure or presentation of Site. 
  • You may not probe, scan or test the vulnerability of the Site or of any network connected to the Site. 
  •  You may not breach (or attempt to breach) any security or authentication measures on the Site or on any network connected to the Site, including by hacking, password mining or through other illegitimate means.
  •  You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or on our systems, servers or networks, or any systems, servers or networks connected to the Site.
  •  You may not use any device, software or routine to interfere or attempt to interfere with the proper operation and function of the Site, with any transaction conducted on the Site or with any other person’s use of the Site.
  •  You may not forge headers or otherwise manipulate identifiers so as to disguise the origin of any message or communication that you send to us on or through the Site. 
  • You may not use the Site for any purpose that is illegal pursuant to the laws, regulations or ordinances of any applicable jurisdiction.
  •  You may not use the Site to engage in any conduct violates or infringes upon the rights of others, including but not limited to intellectual property rights.   
  •  You may not possess, use, reproduce, distribute, publish, display, broadcast, perform, adapt, translate or make derivatives of the Site content. 
  •  You may not remove or modify any copyright notice or attribution of authorship that appears on the Site.
  •  You may not use the Site to advertise goods or services or to redirect or divert our users to our actual or potential competitors.  

We may take legal action against you if you use the Site or the content of this Site for any purpose that is not expressly permitted (including but not limited to the prohibited actions and conduct listed above), and you will be liable to us for all of the damages, losses and expenses (including our attorneys’ fees and legal costs) resulting in whole or in part from your violation of these Terms.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ENTREPRENERD, INC. AND ITS SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU AND/OR FROM ANY ACTION, ERROR OR OMISSION BY YOU RELATED TO THE SITE OR ITS CONTENT (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY AND/OR PROPRIETARY RIGHTS AND NEGLIGENT OR WRONGFUL CONDUCT).

 

3. THIRD PARTY VENDORS, SUPPLIERS AND SERVICE PROVIDERS

We use third party vendors, suppliers and service providers (including but not limited to Shopify, Inc., Shapeways, Inc. and Printful, Inc.) to process orders, returns and payments, to custom-print our products and to fulfil orders placed through the Site.  We have no control over these third parties, and they may have terms, conditions and policies that are different from these Terms.   We make no promises, representations or warranties whatsoever about the services provided to us or to you by third parties.  We are not responsible for or liable for any actions, errors or omissions of third parties (including but not limited to Shopify, Inc., Shapeways, Inc. and Printful, Inc.).

The Site may include links to other websites owned and operated by third parties.  The fact that a link appears on the Site does not signify that we own, operate, control, approve or endorse the linked website, and we are not responsible for your use of any linked website or any purchases, outcomes or results associated with your use of a linked website.

 

4. USER ACCOUNTS AND USER CONTENT

To use certain features of the Site, you must create and log into a user account. You agree to provide true and accurate information in connection with your account registration (including but not limited to your legal name and your contact information), and you are responsible for updating your account if that information changes.  You may not use your user account to engage in conduct prohibited by these Terms, and you may not authorize, direct or permit any other person to use your account to engage in prohibited conduct. 

You are responsible for all activity associated with your account.  If you believe that your account has been accessed without your authorization or if there is any suspicious activity associated with your account, you must notify us immediately.  We reserve the right to suspend, disable and/or delete your user account at any time and for any reason (including if we believe, at our sole and exclusive discretion, that you have violated these Terms). 

We may permit you to post comments, photos and other content (“User Content”) to the Site.  By submitting User Content to us, you grant to us a worldwide, perpetual, irrevocable, royalty‑free, non‑exclusive right and license to use, publish, publicly display, distribute, reproduce, make available, modify, adapt, aggregate, translate and create derivatives of the User Content (in whole or in part and alone or incorporated into other works) in any format, medium or technology now known or hereafter developed. 

Your User Content may not include advertisements or content that we deem, at our sole and exclusive discretion, to be offensive, obscene, derogatory, violent or malicious. You may not post User Content that includes copyright-protected materials of a third party unless you have the copyright owner’s express authorization to do so. By providing User Content, you warrant and represent that you own or otherwise control all of the rights to the User Content that you submit to us, and you warrant and represent that your submission of the User Content and our exercise of our license to the User Content will not violate the rights of any third party (including but not limited to intellectual property rights). 

We reserve the right to review and approve of all User Content. We may decline to post User Content and/or remove User Content already posted, in whole or in part, at any time for any reason at our sole and exclusive discretion. We will not post User Content that we reasonably believe, in our sole and exclusive discretion, violates these Terms, infringes on the rights of a third party, is not true and accurate in all respects or violates any law or regulation.  Notwithstanding the foregoing, we have no duty or obligation to review, confirm or verify the User Content.  Our review, acceptance and/or posting of User Content is not an indication that such User Content has been verified, approved or endorsed by us. 

 

5. PAYMENTS, REFUNDS AND RETURNS

We use Shapeways, Inc. and Printful, Inc. to custom-print and ship orders placed through the Site, and payments for orders placed through the Site are processed by Shopify, Inc.

Because our products are custom-printed on demand, you cannot cancel or change your order after it is placed.  We may cancel or decline any order for any reason and at any time in our fulfillment process (including after you receive an order confirmation). We reserve the right to limit or cancel orders that, in our sole and exclusive discretion, contain pricing errors or other inaccuracies or that appear to be placed by dealers, resellers or distributors.  If we cancel your order after your payment is processed, we will issue a full credit or refund to your original payment method.  

The products available at the Site are custom-printed shortly after you place your order.  For that reason, we are unable to offer returns or refunds unless an error was made in fulfilling your order or your item is damaged or defective when you receive it.   If you receive an item that is damaged or defective, or if we make an error in fulfilling your order, you must contact us by email within seven (7) days of the date on which your order is delivered.  We cannot accept returns or process refunds (if permitted by these Terms) unless you email your request to us within (7) days of receiving your item.  In response to your request, we may require you to provide additional information or photographs to verify the damage, defect or error, and we may require that you return the damaged, defective or erroneous item to us (with return shipping paid by us).  Upon receipt of all information necessary to process your request (and after we receive the damaged, defective or erroneous, if applicable), we will, at our sole and exclusive discretion, ship a replacement product to you at no cost or issue a full refund to your original form of payment for the original purchase price and original shipping. 

We are unable to offer exchanges except for sized apparel items, in which case you may request to exchange an item for an identical item in a different size.  To request an exchange, you must contact us by email within seven (7) days of the date on which your order is delivered.  Exchanges requests are approved at our sole and exclusive discretion, and are subject to product availability and other factors.  If your exchange request is approved, we will provide instructions for returning your original item and we will ship your requested replacement size upon receipt and inspection of your original item.  You are responsible for shipping costs for the return of your original item and for your requested replacement size.  Items returned for exchange must be new, unwashed, unworn and free of damage.  

Your purchase price will include the price of the product(s) ordered plus any applicable sales tax.  Sales tax is based on the shipping address and the sales tax rate in effect at the time your order is processed.  In jurisdictions where we do not collect and pay sales tax, you may be obligated to pay a use tax.  We make no representations or warranties regarding the imposition of use tax in connection with any purchase made on the Site and we are not liable for any use tax or for your failure to report and/or pay use tax.  You are responsible for determining whether use tax may be due in your jurisdiction, and, if necessary, reporting and/or paying use tax.  

We may screen orders for fraud, unauthorized or illegal activity or violations of these Terms.  We reserve the right to cancel or refuse to process an order if we reasonably believe that the order was placed through fraud or unauthorized or illegal activity or if we reasonably believe that the order violates these Terms.  We take these measures to protect our customers and ourselves from fraud and other unauthorized or illegal activity.

 

6. INTELLECTUAL PROPERTY

The Site contains certain intellectual property created and/or owned by us, including  but not limited to trademarks, service marks, logos, photographs, renderings, designs, illustrations, artwork and other images (all of which is referred to herein as “IP”).  The IP also includes all content of the Site created by us or on our behalf, including the text, design, layout, look and appearance of the Site.   We are the owner or licensee of all IP, and your use of the Site does not convey any rights in the IP to you.  You are permitted to use and reproduce the IP only as expressly set forth herein.  Our IP may not otherwise be copied, imitated or used, in whole or in part, without our prior written permission.  Unauthorized use of our IP may result in civil and criminal penalties.

We do not claim any right, title or interest in the protectable intellectual property of Games Workshop Group PLC, including but not limited the trademarks, service marks, logos or copyright-protected works associated with Warhammer 40,000.

We reserve the right to (i) block access to or remove material (including User Content) that we believe in good faith to be copyrighted material that has posted without permission or authorization of the copyright owner; and (ii) discontinue access to and use of the Site to individuals or entities believed by us, in our sole and exclusive discretion, to be engaged in copyright infringement. Notwithstanding the foregoing, we have no duty or obligation (other than those imposed by applicable law or regulation) to locate, identify and/or remove infringing materials.

If you believe that our IP, User Content or any other material accessible through the Site infringes upon your intellectual property rights, you must send a notice of copyright infringement to our designated DMCA agent by email to dmca@entreprenerdinc.com.  Your notice must contain (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) an identification of works or materials being infringed; (iii) an identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; (iv) contact information about the person providing the notice, including address, telephone number and, if available, email address; (v) a statement that the person providing the notice has a good faith belief that the presence on the Site of the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and (vi)  a statement made under penalty of perjury that the information provided is accurate and the person providing the notice is authorized to make the complaint on behalf of the copyright owner.

 

7. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SITE AND THE CONTENT OF THE SITE ARE PROVIDED ON AN "AS IS,” “WHERE IS,” AND AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, UPTIME, RELIABILITY OR ACCURACY.  NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, ARE MADE THAT THIS SITE AND CONTENT WILL BE VIRUS-FREE, MALWARE-FREE OR FREE OF OTHER DISABLING CODE.  WE DO NOT PROMISE THAT THE SITE OR THE CONTENT OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE ANY SPECIFIC OUTCOME OR PARTICULAR RESULT. 

ENTREPRENERD, INC. AND ITS SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE.  YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ENTREPRENERD, INC., ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES AND AGENTS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON THE NEGLIGENCE OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.  ENTREPRENERD, INC. AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM YOUR USE OF THE SITE, EVEN IF SUCH WE/THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By purchasing our products, you assume all risks associated with the use of the products (except as otherwise required by law).  We are not liable for any misuse or misapplication of our products.  In the unlikely event that a product offered or sold on the Site causes any damage, injury or losses, then we are not liable to you or to any third party for such damage, injury or losses unless expressly required by law.  Our products are not suitable for children, and may present a choking hazard. You should take reasonable precautions to ensure that children and pets do not attempt to eat, chew or swallow our products.  

The above disclaimers apply to all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

If you are a California resident, you hereby waive the requirements of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” 

We intend, and you acknowledge and agree, that the above disclaimers are to be broadly construed to limit our liability to the fullest extent permitted by applicable law.  Nevertheless, in the event that one or more of the above disclaimers is found to be unenforceable, then the remaining disclaimers will continue in force and effect and will be construed as broadly as possible to effectuate the intent of the parties, which is to limit our liability to the fullest extent permitted by applicable law. 

 

8. TERM, TERMINATION AND SURVIVAL 

These Terms are effective and binding immediately upon your access or use of the Site and will continue in effect until we expressly terminate or amend these Terms in writing, which we may do at any time and for any reason or no reason and with no notice.  Although you may stop accessing and using the Site at any time for any reason, you may not terminate or cancel these Terms.  All terms, conditions and obligations of these Terms will survive termination or expiration of these Terms for any reason and will continue in full force and effect until expressly terminated or amended by us in writing. 

 

9. INTERPRETATION 

These Terms (including all additional agreements and policies incorporated herein) are a contract entered into in the Commonwealth of Pennsylvania and will be construed pursuant to the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. 

The paragraphs set forth before Paragraph 1 above are incorporated herein and are a substantive and integral part of these Terms. The headings herein do not define, limit, expand or describe the scope or intent of any term or provision.  If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law or unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it will be severed from these Terms, and the remaining Terms remain in full force and effect.  Our delay or failure to enforce any provision of these Terms will not be construed as a present or future waiver of such provision.  No course of dealing, nor any conduct or custom, between any of the parties will be effective to amend, modify or change any of the provision of this Terms.  These Terms do not replace, amend or supersede any other written agreement or document unless otherwise expressly indicated herein or in such other written agreement or document.

We may transfer, assign or delegate these Terms, along with our rights and obligations herein, to any other party with no notice and without your consent.  You may not transfer, assign or delegate any of your obligations hereunder.

 

10. DISPUTES

Please contact us if you are aware of any dispute or claim arising from your use of the Site or from any order placed through the Site.  We will exercise reasonable effort to resolve all disputes or claims to the best of our satisfaction and in accordance with these Terms. 

These Terms, along with any other written agreements or documents referenced herein, will apply to any and all disputes or claims arising between you and us.  Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or that relate to the subject matter hereof (including the additional agreements and policies incorporated herein) must be brought and heard in the state and federal courts located in and for the Commonwealth of Pennsylvania.  You and we irrevocably consent to the jurisdiction of and venue in such courts, and waive all claims or defenses based on lack of personal jurisdiction, improper venue, forum non conveniens or the like with respect to any action brought in the state and federal courts located in and for the Commonwealth of Pennsylvania. 

 

11. CHANGES AND UPDATES TO TERMS

 We reserve the right, at our sole discretion, to change, modify, add or remove some or all of these Terms at any time and without prior notice to you.  Although we will use our best efforts to notify that these Terms have been changed or updated, such notice is not required for those changes or updates to be effective and binding.  The current Terms are posted on the Site.  It is your responsibility to review these Terms periodically for any changes or updates.  Your continued use of the Site following any changes or updates means that you accept and agree to the changes or updates.