Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
Welcome to PortlandPopShop.com. This is the main website for Portland Pop Shop LLC. These Terms of Use (“Terms”) govern your use of the Sites and supersede any prior agreement between you and Portland Pop! Train.
Binding Contract
THIS IS A BINDING CONTRACT BETWEEN YOU AND PORTLAND POP SHOP. BY ACCESSING AND USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND THE PORTLAND POP SHOP PRIVACY POLICY LOCATED AT PORTLANDPOPSHOP.COM/PRIVACY-POLICY. YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES OR ANY OF THE FEATURES OR PRODUCTS AVAILABLE THROUGH THE SITES UNLESS YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. YOU MAY NOT PROCEED TO THE SITES UNTIL YOU HAVE READ THESE TERMS AND SIGNIFIED YOUR ACCEPTANCE OF THEM. YOUR USE OF THE SITES CONSTITUTES ACCEPTANCE OF THESE TERMS.
PPS may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after we provide you with email notice of the changes or (b) the date on which they are posted on the Sites. If you do not agree to any change to the Terms, you must cease use of the site. Your continued access and use of any of the Sites signifies your acceptance of the Terms as modified.
ANY DISPUTE BETWEEN YOU AND PORTLAND POP SHOP MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AS MORE FULLY DESCRIBED BELOW.
Portland Pop Shop Sales and Services
The site provides you with the ability to purchase various products, content and services, including collectibles, toys and various manufacturer products. From the site you can subscribe to our email notifications, learn about upcoming PPS events and promotions, share information with other PPS fans, and again, purchase available products. All of the products, content and services accessible through the site are for your personal, non-commercial use only and your access to and use of them are subject to these Terms. The products, content, and services available through the site are subject to change and, in some cases, may be subject to additional terms of use.
Third Party Products/Services and Websites
In addition to products available for purchase, the site may provide you with the ability to access products, content, and services offered by or maintained by third parties. In some cases these may be accessible directly through the site. In others, access may be via links from the site to third party websites. PPS is not responsible for the products, content or services available from third parties - even if they are provided through our site - or for how third party sites are managed or the terms applicable to your use of them. Your access to and use of these third party materials and websites is governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third party products or websites. Portland Pop Shop accepts no responsibility for any third party materials or websites or for any losses or damages that may arise from your purchase or use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Portland Pop! Train from all claims associated with them.
Proprietary Rights and License
All of the products, content and services available through the site are protected by copyright owned by various manufacturers and their licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the site (collectively, the “Site Content”). Similarly all trademarks, service marks, trade names, trade dress and other indicia identifying the site, PPS or the products or services available through the site ("Marks") are owned by PPS or it licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the site or other Site Content or the Marks by your use of the site or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or services and other Site Content and Marks are reserved to their respective owners. Subject to these Terms, Portland Pop Shop grants you a personal, non-transferable, and non-exclusive limited license to access and use the site for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the site as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. Portland Pop Shop may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the site or the Site Content. In addition to the above license, some products, content and services may have their own license terms. For example, videos, software, and games will all have their own license terms which are in addition to these Terms.
License Restrictions
As above, the license granted to you by Portland Pop Shop is limited. It is also subject to certain restrictions. Unless PPT give you express written authority, you may not (a) resell any of the products, content or services or any other Site Content (or any portion thereof) on the Sites; (b) distribute, publicly perform, or publicly display any of the above; or (c) modify or make any derivative uses of the Sites or the Site Content (or any portion thereof).
In addition, under no case are you permitted to:
Any use of the site or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of PPS's intellectual property and other proprietary rights and a violation of applicable law.
User Information
In the course of your use of the site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). PPS's policies for collecting, using and protecting User Information are set forth in the Portland Pop Shop Privacy Policy at PortlandPopShop.com/privacy-policy, which is part of these Terms. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
Purchasing Products
All purchases from the site and from PortlandPopShop.com are subject to these Terms, including Portland Pop Shop's policies for cancellations, replacements, shipping, pricing, and payments all of which are located at: PortlandPopShop.com/terms. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable product page(s). Before making any purchase, you should be sure to read the Terms AND the terms on the Site carefully. In the event of a conflict between the general purchase terms here and the individual purchase terms, the individual purchase terms will govern.
Portland Pop Shop attempts to ensure that the content, product descriptions, prices, and other information on the site are as accurate as possible. However, Portland Pop Shop does not warrant or guarantee that any information on the site is accurate, complete, or error-free, and PPS undertakes no commitment or obligation to update any content, product descriptions, or other information on the Sites. PPS may at any time change the contents, product descriptions, or other information on the site, and/or any aspect of the site, without prior notice. Portland Pop Shop also reserves the right to limit quantities of any product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Portland Pop Shop’s sole discretion.
As to products and services that may be featured on the site, PPS makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. PPS cannot guarantee that your equipment will accurately display the details of our products and services.
By purchasing products, content or services through the site, you agree to comply with all of the Terms. You also represent that you are 18 years of age or older. If a purchase is made by a minor, Portland Pop! Train is under no obligation to offer a refund but may do so at its discretion.
You can purchase collectible items from the site. When you purchase these items, Portland Pop Shop ships them to you according to PPS's payment, shipping and return policies. Unlike digital content and software, when you purchase these collectibles, you own the physical item. But, like software and other products for which you may purchase a license, you do not obtain any rights in any of the intellectual property embodied in these items. Each manufacturer retains all copyright, trademark, trade dress and other rights in them and your use of them is subject to that manufacturer's retained rights.
We offer limited terms of purchase returns based on the following factors. Portland Pop Shop has a 100% return policy of items shipped to customers proven to be damaged prior to shipping and damage undisclosed prior to sale. Items purchased that are damaged in transit due to the fault of the designated shipping party (IE: USPS, UPS, FedEx, etc) do not fall under our return policies. Refer to the shipping parties website for instruction on missing or damaged item claims. Furthermore, purchases made through a 3rd party sales platform (IE: Amazon, Ebay, Walmart, etc) will have in-house claim insurance to protect each purchaser. Refer to each 3rd party website for instruction on carrier damage and item claims.
Communications with PPS
Portland Pop Shop likes to hear from you. However, in your communications with PPS, please keep in mind that, unless we specifically request them, PPS does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the site, by e-mail or in any other way, and Portland Pop Shop does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to PPS via the site, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the site (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and PPS will not assume any responsibility, obligation, or liability for them or for PPS's receipt or non-receipt of them. PPS may delete or destroy Your Submissions at any time. Portland Pop! Train's receipt of Your Submissions is not an admission by PPS of their novelty, priority, or originality, and it does not impair Portland Pop! Train's right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to Portland Pop Shop, you grant PPS a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sub-licensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Portland Pop Shop under these Terms, do not and will not infringe any right of any third party.
Email Contacts
By creating a User Account or sending e-mail to Portland Pop Shop, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the site or otherwise, satisfy any legal requirement that such communications be in writing.
SMS Messaging
If you elect to receive marketing text messages from Portland Pop Shop, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional text messages from Portland Pop Shop (each, a “Text Message”) sent through an automatic telephone dialing system. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from PPS at any time by replying “STOP” to any Text Message you receive from Portland Pop Shop. For help, reply “HELP” to any Text Message you receive from PPS. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to any Text Messages PPT sends you. Under no circumstances will Portland Pop Shop or its affiliates be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither PPS nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. Portland Pop Shop may use this information in accordance with its Privacy Policy to contact you and to provide the services you request from PPS. For more information on how PPS uses telephone numbers, please read its Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update the phone number(s) attached to your User Account to prevent PPS from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your User Account may receive Portland Pop! Train's standard marketing Text Messages unless you unsubscribe via the above procedures.
Investigations
Portland Pop Shop reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the site or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the site, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, (e) delete or modify any content on the site, including any materials or items you may have acquired through your use of the site, and (f) discontinue any of the site or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.
Privacy
Portland Pop Shop may collect certain information in order to operate the site and to fulfill your requests or enable participation in certain online activities. Under the Portland Pop Shop Privacy Policy, we may disclose to third parties certain aggregate information contained in your registration information (if any) or related information. PPS will not, however, disclose personally identifiable information about you to anyone outside our corporate family, except our agents and service providers, unless: (a) you specifically authorize us to do so, (b) we believe, in good faith, that such disclosure is necessary either to comply with the law or a legal process (including subpoenas and other court orders), or to enforce these Terms, or (c) it's otherwise permitted under our Privacy Policy (which we may amend from time to time, without notice to you). For more information about and to read the Portland Pop Shop Privacy Policy see [link].
PPS has adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.
Notice to International Visitors
The site and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
Portland Pop Shop makes no representation that the site are appropriate or available for use beyond the United States of America. If you use the site from other locations, you are responsible for compliance with applicable local laws.
Banners, Advertisements and Promotions
Portland Pop Shop reserves the right to post banners, advertisements, promotions, and similar content throughout the site. Portland Pop Shop may also allow advertisers and corporate partners to post content on the site. This content may be targeted to users based on information they provide through use of the Sites or other information. PPS does not control, endorse or adopt any such activity and we make no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the site (including via the linked third-party sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Portland Pop Shop disclaims all liability in connection with them.
Copyright Claims
Portland Pop Shop will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Sites, then send Portland Pop Shop a written notice that includes all of the following:
Portland Pop Shop will only receive DMCA notices by mail, e-mail, or facsimile directed to Portland Pop! Train'S Designated Agent at the addresses below:
By Mail:
Portland Pop Shop LLC
Attention: Legal Department
3337 SE Hawthorne Blvd
Portland, OR 97214
By E-Mail: portlandpopshop@gmail.com
Portland Pop Shop may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and PPT may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
Warranty Disclaimers and Waiver
THE SITES, AND ALL SITE CONTENT, MANUFACTURER PRODUCTS AND SERVICES, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FUNKO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PORTLAND POP! SHOP ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE AND INFORMATION THEREON. FUNKO FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITE. FINALLY, PPT DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR IN CONNECTION WITH THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST PPT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITES, ANY CONTENT ON THE SITES, AND ANY PPT PRODUCTS AND/OR SERVICES, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).
Limitation of Liability
Portland Pop Shop will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data, or costs of replacement goods) arising out of or relating to your use or inability to use the site or resulting from use of or reliance on the information present, even if PPS may have been advised of the possibility of such damages. If you are dissatisfied with the site, you do not agree with any part of these Terms, or you have any other dispute or claim with or against PPS with respect to these Terms or the Sites, then your sole and exclusive remedy is to discontinue using the site. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, Portland Pop Shop's aggregate liability shall not exceed USD $100.
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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Force Majeure
Without limiting any provision in the previous section, Portland Pop Shop shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of PPS's obligations in relation to the sales products if the delay or failure was due to any cause beyond Portland Pop Shop's reasonable control. Causes beyond PPS's reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of PPS or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
Indemnification
You agree to indemnify, defend and hold Portland Pop Shop, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and costs, resulting from any violation of these Terms or any activity related to use of the site by anyone using your User Account or password.
Applicable Law
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Portland Pop Shop concerning your use of the site, superseding any prior agreements between you and PPT with respect to the site. These Terms and the relationship between you and PPS shall be subject to the internal laws of the State of Oregon without giving effect to its principles on conflict of laws and shall be applied to any arbitration under these Terms.
Binding Arbitration; Class Action Waiver
Except for matters relating to the enforcement of Portland Pop Shop's intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the site, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH PPT BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and PPS agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or PPT opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and PPS expressly waive the ability to participate in any class or representative litigation.
If a dispute arises that is subject to arbitration, you must give Portland Pop Shop written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Portland Pop! Train does not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to PPS at the address set forth above in "Copyright Claims."
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and PPS. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Portland, Oregon, unless otherwise agreed upon by you and PPS in writing. You and Portland Pop Shop will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to PPS at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Oregon law to any underlying claims as provided above). You agree the arbitration and other provisions of this section "Binding Arbitration; Class Action Waiver" survives any termination of these Terms.
Severability; Survival
The Terms shall survive termination of your agreement with Portland Pop Shop. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Last updated: October 29, 2024
Copyright © 2021 Portland Pop! Train - All Rights Reserved.
Powered by GoDaddy