PopupCardShop.com Terms and Conditions ("Agreement")
PopUpCardShop.com is a website belonging to Evermore Enterprises.
When you visit PopUpCardShop.com or send us e-mails, you are communicating with us electronically and as such you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In order to access some features of the Website, you will have to create an PopUpCardShop.com account. You may never use another's account without permission. When creating your account, provide accurate and complete information. If you use this site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Notify Evermore Enterprises immediately of any breach of security or unauthorized use of your account. Although Evermore Enterprises will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Evermore Enterprises or others due to such unauthorized use.
- You agree not to access PopUpCardShop.com through any technology or means other than the pages of the Website itself, PopUpCardShop.com's Website Extensions, or other explicitly authorized means Evermore Enterprises may designate.
- You agree not to alter or modify any part of the Website, including but not limited to PopUpCardShop.com's Website Extensions or any of its related technologies.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PopUpCardShop.com without express written consent.
- You may not use any meta tags or any other “hidden text” utilizing Evermore Enterprises' name or trademarks without the express written consent of Evermore Enterprises.
- You agree not to use the Website for any commercial use, without the prior written authorization of Evermore Enterprises. Prohibited commercial uses include any of the following actions taken without Evermore Enterprises' express approval: (1) sale of access to the Website or its related services (such as any Website Extensions) on another website; (2) use of the Website or its related services (such as any Website Extensions) for the primary purpose of gaining advertising or subscription revenue; (3) the sale of advertising, on the PopUpCardShop.com website or any third-party website, targeted to the content of specific User Submissions or PopUpCardShop.com content; and (4) any use of the Website or its related services (such as any Website Extensions) that Evermore Enterprises finds, in its sole discretion, to use Evermore Enterprises' resources or User Submissions with the effect of competing with or displacing the market for PopUpCardShop.com, PopUpCardShop.com content, or its User Submissions. Prohibited commercial uses do not include: (5) Contributing information and other materials to PopUpCardShop.com, or maintaining a profile on PopUpCardShop.com (6) any use that PopUpCardShop.com expressly authorizes in writing.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the PopUpCardShop.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, PopUpCardShop.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Evermore Enterprises reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, discussion board, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submission.
Evermore Enterprises reserves the right to discontinue any aspect of the PopUpCardShop.com Website at any time.
All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, interactive features and the like (collectively, the “Content”) is the property of Evermore Enterprises or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Evermore Enterprises and protected by U.S. and international copyright laws. All software used on this site is the property of Evermore Enterprises or its affiliates and is protected by United States and international copyright laws. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Evermore Enterprises.
PopUpCardShop.com, Evermore Enterprises graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Evermore Enterprises or its affiliates in the U.S. and/or other countries. Evermore Enterprises' trademarks and trade dress may not be used in connection with any product or service that is not Evermore Enterprises', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Evermore Enterprises. All other trademarks not owned by Evermore Enterprises that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Evermore Enterprises.
Evermore Enterprises grants you a limited license to access and make personal use of this Website, features, and Website Extensions and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Evermore Enterprises or as expressly stated at the Website. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PopUpCardShop.com so long as the link does not portray Evermore Enterprises, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Evermore Enterprises logo or other proprietary graphic or trademark as part of the link without express written permission. Evermore Enterprises reserves all rights not expressly granted in and to the Website and the Content. Any unauthorized use terminates the permission or license granted by Evermore Enterprises.
Users may participate and post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information (“User Submissions”) at PopUpCardShop.com so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content you submit. Evermore Enterprises reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material you hereby grant Evermore Enterprises an irrevocable worldwide, non-exclusive, royalty-free, sublicenseable, transferable and perpetual license to use, reproduce, distribute, adapt, modify, prepare derivative works of, display, and perform the User Submissions in connection with the PopUpCardShop.com Website, features, Website Extensions, and any other use for Evermore Enterprises' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Evermore.com Website (and derivative works thereof) in any media formats and through any media channels and technologies now known or will be developed or known in the future.
In addition, you grant Evermore Enterprises the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is to the best of your knowledge accurate; and that use of the content you supply does not violate this policy. You may access PopUpCardShop.com Content only as permitted under this Agreement. Evermore Enterprises reserves all rights not expressly granted in and to the Evermore.com Content and the Evermore.com Service.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Evermore Enterprises all of the license rights granted herein. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the PopUpCardShop.com Community Guidelines outlined below, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the PopUpCardShop.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Evermore.com Website or the Content therein.
You understand that when using the PopUpCardShop.com Website, you will be exposed to User Submissions from a variety of sources, and that Evermore Enterprises is not responsible for the accuracy, usefulness, or safety of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Evermore Enterprises with respect thereto, and agree to indemnify and hold Evermore Enterprises, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Evermore Enterprises does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Evermore Enterprises expressly disclaims any and all liability in connection with User Submissions. Evermore Enterprises reserves the right to remove Content and User Submissions without prior notice.
YOU AGREE THAT YOUR USE OF THE POPUPCARDSHOP.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, POPUPCARDSHOP.COM, ITS OWNERS/OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EVERMORE ENTERPRISES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO THE CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EVERMORE.COM WEBSITE. EVERMORE ENTERPRISES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE POPUPCARDSHOP.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND POPUPCARDSHOP.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL EVERMORE ENTERPRISES, ITS OWNERS/OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO THE CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE POPUPCARDSHOP.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EVERMORE ENTERPRISES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Evermore Enterprises from its facilities in the United States of America. Evermore Enterprises makes no representations that the PopUpCardShop.com Website is appropriate or available for use in other locations. Those who access or use the PopUpCardShop.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.