Terms and Conditions
Terms and Conditions
Welcome to www.popovy-dolls.com!
These terms and conditions outline the rules and regulations for the use of Popovy Sisters’ Website, located at http://popovy-dolls.com.
BY USING THE WEBSITE, YOU ACCEPT THE POLICY AND AGREE TO BE BOUND BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO CEASE USING THE WEBSITE.
- ACCESSING THE WEBSITE
You are responsible for any steps necessary for you to have access to the Website. We reserve the right to shut down or change the Website, and any service or material that we provide on the Website, at our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
- INTELLECTUAL PROPERTY RIGHTS
(a) The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the Popovy Sisters, its licensors or other providers of such material, and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company. This Policy permits you to use the Website for your non-commercial use only.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences, or any graphics; or (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(d) The Popovy Sisters name, their logo, and all related names, logos, images, designs, product and service names, designs and slogans, are trademarks of the Popovy Sisters or its affiliates or licensors. You may not use such marks without the prior written permission of the Popovy Sisters. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- MONITORING; TERMINATION OF ACCESS
We have the right to (a) monitor your use of the Website, (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (c) terminate or suspend your access to all or part of the Website.
- YOUR REPRESENTATIONS AND OBLIGATIONS
(a) You may use the Website only for lawful purposes and in accordance with this Policy.
(b) You promise that: (i) you are of legal age in your jurisdiction to contract with the Company; (ii) you will not use the Website in any way that violates any applicable federal, state, local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the operation of the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic program, device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any malware, including but not limited to viruses, trojan horses, worms, logic bombs, rootkits or other material which is malicious or technologically harmful; (viii) you will not access or attempt to access data or files on the Website that you are not expressly authorized to access, and (ix) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.
- COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective and may be disregarded in our sole discretion. If you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be legally liable for damages (including costs and legal fees).
- LINKS TO THIRD PARTY SITES
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of such sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
We reserve the right, in our sole discretion, to change the terms of this Policy at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.
- EQUITABLE RELIEF
You acknowledge that a breach of any proprietary rights provision of this Policy may cause the Popovy Sisters irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Popovy Sisters may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Popovy Sisters may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Popovy Sisters may be entitled at law or in equity.
- WAIVER AND AMENDMENT
No waiver of any right, obligation, or default by the Company shall be implied, but must be in writing, signed by an authorized agent of the Company. If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
- GOVERNING LAW AND VENUE
This Policy shall be construed and governed by the laws of the State of California, without regard to its principles of conflict of laws. You agree that any legal action or proceeding in connection with the Website, its contents, or this Policy shall be brought in the Stanley Mosk Courthouse, Los Angeles, CA, USA.
- COMPLETE UNDERSTANDING
This Policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the Popovy Sisters with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website. No representation, inducement, promise, or agreement, oral or written has been made by the Popovy Sisters or anyone acting on its behalf which is not contained herein.
- YOUR COMMENTS AND CONCERNS
JM Art Management LLC
ATT: Popovy Sisters / Terms
3400 COTTAGE WAY STE G2 , #694
SACRAMENTO, CA 95825
Last Modified: May 5th, 2021.