2. User Content
This site is the property of PopSockets LLC (“PopSockets”). Your use of this site, any services made available through this site (the "Services") or the purchase of products using the site is subject to your agreement to the terms and conditions set forth herein and the completion of any applicable registration requirement. By accessing or registering to access any portion of this site or any Services or by using any portion of this site or any Services you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not proceed any further and do not access or use this site or any of the Services made available herein.
For intellectual property information, click here.
The site may allow you to upload photographs, reviews, videos, designs, drawings or other content (“User Content”). You shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the site and related PopSockets platforms. You shall retain ownership of all User Content and hereby grant to PopSockets a non-exclusive, royalty-free, transferable, worldwide right and irrevocable license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the site and related PopSockets platforms and for PopSockets’ business purposes, including sale of Products bearing the User Content to third party retailers. You also grant the other users of the site and related PopSockets platforms a non-exclusive license to access the User Content via the site and related PopSockets platforms, and to use, reproduce, distribute and display such User Content subject to these Terms and Conditions. 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 content or materials (i) that 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) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which you do not have the rights necessary to transmit and publish such content or materials, or to grant PopSockets the license to use such content or materials as described herein. You acknowledge that PopSockets has no obligation to monitor or screen User Content submitted to the site, but that PopSockets shall have the right (but not the obligation) to reject, remove or delete any User Content for any or no reason.
Third Party Content: You understand and agree that PopSockets does not control and is not responsible for any content made available on the site by other users. Your use of, or reliance on, any information contained in such third party content is at your own risk. Under no circumstances will PopSockets be liable for any such third party content or for any loss or damage resulting for your use of, or reliance on, such third party content.
Use of this site is solely at PopSockets’s discretion, and PopSockets reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any information, other than the limited right to use this site, the Services or the information according to the terms of this agreement and the policies and procedures that PopSockets may adopt and make available on this site from time to time. PopSockets may terminate your access to this site at any time. This site is for your personal, non-commercial use.
This site contains information proprietary to PopSockets and its business partners and customers (the "Information") including but not limited to (i) the site’s look, feel and 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. 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. This site is protected by U.S. copyright law and international treaties.
You agree (i) not to retransmit, copy, publicly display, sell or use the Information provided for business purposes, and (ii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services. You must be at least 13 years of age to use the Site.
Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the site are expressly reserved by PopSockets and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms and Conditions 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.
Acceptable Use: Your permitted use of the site and Information is limited to the standard functionality of a website. In no event may the site be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, 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 or user accounts, (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 engage in use that violates these Terms and Conditions. The PopSockets’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms and Conditions.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this site or any website with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
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 any orders placed on the site.
Removal of User-Generated Content
In general. On certain pages of this site, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content by contacting us using the information provided below. While we do not have any obligation to remove any User-Generated Content from this site merely because of a removal request, we will review all such requests and will remove User-Generated Content that we determine should be removed, in our sole discretion and in accordance with these Terms and Conditions and applicable law. Please be aware, however, that if the User-Generated Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User-Generated Content we remove from this site may remain on backup servers.
Violation of copyrights. PopSockets does not knowingly violate or permit others to violate the copyrights 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.
DMCA Notice: If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this site or has been otherwise copied and made available on this site in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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.
Links to Other Sites
This site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-PopSockets website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
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.
Such websites 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 which you may access through this site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our site and access these 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 on such websites.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site or any site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms and Conditions give you specific legal rights and you may also have other rights which vary from country to country, and jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. The limitations and exclusions set out in these Terms and Conditions are inapplicable within the State of New Jersey to the extent they disclaim liability for PopSockets’ own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by PopSockets to exercise reasonable care in preventing the unlawful acts of others.
Your Indemnification Obligations
Upon request by PopSockets you agree to indemnify, defend, and hold harmless PopSockets and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) you use or misuse of the site; (ii) your violation of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property or privacy rights; or (iv) any claim that the User Content resulted in damage to a third party. PopSockets reserves the right, 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. Your indemnification obligations do not apply in the State of New Jersey for any claim, liability, loss, expense or demand, including legal fees, arising out of PopSockets’ own negligence.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this site (or any portion thereof) and/or the information, materials, products and/or services available through this site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this site.
Law & Jurisdiction
These Terms and Conditions 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. This 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, this site or information, materials, products and/or services on this 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 this site..
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts 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 this site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
The site actively collects Personal Information from you when you register with the site, when you send any e-mail to the site administrator, and when you submit any information to the site. The kinds of Personal Information you may provide include your name, contact information including e-mail address, user ID, and other information that you include in any communication or submission. We may use this Personal Information to register you with the site, to respond to your inquiry or the issue you pose to the site administrator, to post your submissions to the site and to provide information to others regarding your use of the site. We may also use Personal Information to notify you about products and services that may be of interest to you. If you wish to subscribe to our newsletter, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at help.popsockets.com.
The site may passively collect certain kinds of information that reveal the frequency with which you visit the site, the times and dates of your visits, the pages you reviewed, persons with whom you interact and other information. Information is passively collected through various means. We use Internet protocol (IP) addresses to administer the site. We use navigational data, including log files and transmission data, to identify information about your web browser and operating system, the time period in which you visit the site or a portion of the site and other the site members with whom you collaborate. We also use a third-party tracking service that uses tracking technologies to track non-personally identifiable information about visitors to our site in the aggregate. This information is used to administer the site, report usage metrics and otherwise operate and improve the site content.
Like many Internet sites, the site may use small text files called "cookies" that are sent to the hard drive of your computer to store bits of information related to your use of the site. Cookies can store a variety of information, including IP addresses, navigational data, server information, data transfer times, user preferences, and passwords needed to access the site. The ‘Help’ section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have your browser notify you when you receive a new cookie, or how to configure your browser to reject cookies altogether. However, if you disable cookies, you might not be able to access important functions or features of the site and your use of the site may be limited. The site combines passively collected information (as described above) with actively collected Personal Information and information may be recorded as part of your profile. We do record and use personal information provided by you in order to process orders on the site and provide customer service. This can include name, address information, shipping information and contact information you enter in the shopping cart. This information is used in conjunction with processing, shipping and fulfilling orders through the website.
PopSockets LLC does not share, sell, rent, or trade Personal Information with third parties for their promotional purposes. We may disclose or transfer Personal Information (and any related information) as necessary or appropriate: to process orders; to protect the security of the site; to protect ourselves and our affiliated companies against liability; to protect our customers; to respond to subpoenas, judicial processes, or legitimate requests by law enforcement officials; if we believe in good faith that the law requires it; to the purchaser in connection with any sale, assignment, or other transfer of all or a part of our business or company; or where we believe in good faith that it is in the interest of the health, safety or protection of any third party. In any of these situations, the recipient of the Personal Information may be located in the United States or another jurisdiction that may not provide an equivalent level of data protection to the laws in your home jurisdiction.
If you contribute to a blog or review products on this website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
Links to Other Sites
This website contains links to other sites that are not owned or controlled by PopSockets LLC. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by this website.
Access to Personally Identifiable Information
When sharing a design, you are making that design publicly available. Anyone who obtains a copy of the shared link to your design will be able to view it.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). Transmissions over the Internet are never 100% secure or error-free. As a result, we do not, and cannot, guarantee the security, accuracy, or completeness of Personal Information. However, we do maintain reasonable physical, electronic, and managerial procedures to protect Personal Information against unauthorized disclosure or access. The entirety of our Security Policies can be found here.
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. (Some people have had their PopSocket accordion unsnap from its base—you can fix that problem by following the instructions in this video)
But if you just want to do a return because you don't want the product anymore, let us know within 30 days. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt, order number, or other proof of purchase. If you purchased PopSockets from a third party re-seller or retailer, please return your item(s) to the store where it was purchased.
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.
We will happily replace items if you receive them in a defective or damaged state. Please submit a request from help.popsockets.com and send the defective or damaged item to the below address.
To return your product, you should mail your product to: PopSockets LLC, 5757 Central Avenue, Boulder CO 80301.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 don’t guarantee that we will receive your returned item.
WHO IS COVERED? This limited warranty 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 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. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
WHAT IS COVERED AND WHAT IS THE WARRANTY PERIOD? PopSockets LLC ("PopSockets"), 5757 Central Avenue, Boulder, Colorado, 80301 U.S.A. (contactable by email at CS@popsockets.com), warrants that this product (the “Product”) 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? Normal wear and tear of Product use; damage caused by misuse, lack of care, mishandling, accident, or abuse; damage caused by use of the Product other than for its intended purpose; damage caused by improper or unauthorized repair or maintenance; damage to a Product that has been modified or altered; and damage to any product other than the Product, including without limitation damage to any device used in connection with the 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, 3033 Sterling Circle, Boulder, Colorado, 80301 U.S.A. via traceable method along with the original purchase receipt and your contact name, phone number, 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. Customer will pay shipping costs for the return of goods to PopSockets and will also be responsible for customs fees, including, but not limited to, taxes, duties, and brokerage. PopSockets will pay shipping costs for the return shipment of the replacement or repaired product.
SOLE AND EXCLUSIVE REMEDY FOR THIS LIMITED WARRANTY Your sole and exclusive remedy for a claim covered by this limited warranty. 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 (in addition to any other rights you may have at law).
LIMITED WARRANTY DISCLAIMERS - TO THE EXTENT PERMITTED BY LAW, POPSOCKETS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY LIMITS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
LIMITATION OF LIABILITY - 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 FOR THE PRODUCT. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.