Terms of service
Welcome to the Pop Rocks Comics and Pop Rocks Entertainment website, www.poprockscomics.com. Pop Rocks Entertainment LLC (“Pop Rocks Comics”) provides services (“Pop Rocks Comics Services") to you subject to the notices, terms, and conditions set forth in this agreement.
By using Pop Rocks Comics Services, you agree to these conditions. Please read them carefully.
POLICIES
These Policies govern your use of Pop Rocks Comics Services. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
COPYRIGHT
All content included in or made available through any Pop Rocks Comics Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Pop Rocks Comics or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Pop Rocks Comics Service is the exclusive property of Pop Rocks Comics and is protected by U.S. and international copyright laws.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use, Pop Rocks Comics grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Pop Rocks Comics Services. This license does not include any resale or commercial use of any Pop Rocks Comics Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Pop Rocks Comics Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Pop Rocks Comics or its licensors, suppliers, publishers, rightsholders, or other content providers. No Pop Rocks Comics Service, nor any part of any Pop Rocks Comics Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pop Rocks Comics. 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 Pop Rocks Comics without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pop Rocks Comics name or trademarks without the express written consent of Pop Rocks Comics. You may not misuse the Pop Rocks Comics Services. You may use the Pop Rocks Comics Services only as permitted by law. The licenses granted by Pop Rocks Comics terminate if you do not comply with these Terms of Use.
YOUR ACCOUNT
If you use any Pop Rocks Comics Service, you are 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. Pop Rocks Comics does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Pop Rocks Comics Services only with involvement of a parent or guardian. Pop Rocks Comics reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
PRE-ORDERS
Item(s) on pre-order can ship anywhere from two to eighteen months after your order is placed. It's important to note that:
Pre-orders placed are charged immediately, so you'll see the transaction show up right away. We'll send you a reminder email when we're getting ready to ship your order.
Pre-orders can at any time be delayed from the original estimated delivery time given by the manufacturer. Once the manufacturer provides us with a new estimated delivery time the website will be updated to reflect the new estimated time and customers will be notified via email.
RISK OF LOSS
All items purchased from Pop Rocks Comics are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Pop Rocks Comics attempts to be as accurate as possible. However, Pop Rocks Comics does not warrant that product descriptions or other content of any Pop Rocks Comics Service is accurate, complete, reliable, current, or error-free. If a product offered by Pop Rocks Comics is not as described, your sole remedy is to return it in unused condition.
PRODUCT PRICING
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Pop Rocks Comics shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, your payment method will be refunded in the amount of the charge.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
POP ROCKS COMICS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH POP ROCKS COMICS SERVICES ARE PROVIDED BY POP ROCKS COMICS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. POP ROCKS COMICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE POP ROCKS COMICS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH POP ROCKS COMICS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE POP ROCKS COMICS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POP ROCKS COMICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POP ROCKS COMICS DOES NOT WARRANT THAT POP ROCKS COMICS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH POP ROCKS COMICS SERVICES, POP ROCKS COMICS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM POP ROCKS COMICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POP ROCKS COMICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY POP ROCKS COMICS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY POP ROCKS COMICS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
If a dispute should arise between you and Pop Rocks Comics, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by contacting us by email at poprockscomics@gmail.com. If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the state of Georgia, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (Streamlined Arbitration Rules & Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Allocation of Fees and Costs: The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Pop Rocks Comics Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Pop Rocks Comics.
COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
• A physical signature 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 upon
• A description of where the material that you claim is infringing is located on the site
• Your address, telephone number, and e-mail address
• A 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
• 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
Please send your complaint to:
Email: poprocksent@gmail.com
Please note that this procedure is exclusively for notifying Pop Rocks Comics that your copyrighted material has been infringed.
STORE POLICY
1) We do our best to select quality items for each of our buyers but cannot guarantee that you will receive a perfect box. Boxes may have shelf-wear, creases, or slight imperfections and items may have minor issues with paint & finish. We will not be able to exchange items due to imperfections. If you are in search of a perfect paint job and/or mint box, we recommend shopping at a local brick and mortar store to locate an item that suits your requirements.
2) Any in-stock items purchased with pre-orders will ship once the pre-orders are in stock. All pre-ordered items are charged at the time of purchase.
3) Any cancelled orders - whole or in-part - whether in-stock or pre-ordered, will incur a 10% cancellation fee. No changes can be made to an order once it has been placed.
4) Pop Rocks Entertainment will not ship orders to a PO Box - international or otherwise. All orders must be shipped to a valid street address.
5) All clearance items are sold as is and cannot be returned. Boxes, paint jobs, and finishes may be flawed.
6) If there are any issues with the condition of your shipment we must be notified within 2 days of package arrival - No exceptions.
7) Some items available for purchase are limited editions and may be oversold on our website. Orders will be filled based on the order that payments are received. Any orders that cannot be filled with be refunded in full.
Return Policy: Item(s) must be returned within 14 days of receipt, unopened. Refund is for purchase price only. Shipping charges are non-refundable and all returned items will be subject to a 15% restocking fee.
Any items returned because the buyer did not claim the package from the shipper are subject to a 15% restock fee and any return shipping fees incurred. Original shipping fees will not be refunded.
By placing an order on our website, you understand and accept these policies.