Terms & Conditions

CONDITIONS OF USE

By visiting and using https://www.poprocktoysmusic.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.

The term “you” refers to anyone who uses, visits and/or views the website. Pop Rock Toys & Music LLC (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion without notice and by your continued use of the website, you agree to accept such amendments.

If you do not wish to be bound by the Terms and Conditions of this Agreement, you should stop all use of the website. Pop Rock Toys & Music LLC only grants use and access of this website, its products, and its services to those who have accepted its terms.

INTENDED AGE
All information and content on this website are intended for individuals over the age of 18. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Pop Rock Toys & Music LLC assumes no responsibility for liabilities related to age misrepresentation.

INTELLECTUAL PROPERTY

You agree that all materials, products, and services provided on this website are the property of Pop Rock Toys & Music LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of Pop Rock Toys & Music LLC’s intellectual property in any way to anyone, including electronic, digital, or new trademark registrations without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

You grant Pop Rock Toys & Music LLC a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish through the website. For issues regarding intellectual property claims, please contact us at poprockcollectibles@gmail.com in order to come to an agreement.

USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that content or have express permission from the owner of those intellectual property rights to use and distribute that content to us. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any content or information that you provide to us.

You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or content that is-

(a) illegal, violates or infringes upon the rights of others,

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,

(e) any attempts to gain unauthorized access to any portion or feature of the website, and

(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.

USER ACCOUNTS

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

TERMINATION

We reserve the right to terminate accounts, edit or remove content, cancel orders, refuse, remove, or restrict your access, revoke and terminate your use of the website at any time at our sole discretion and without notice.

THIRD-PARTY LINKS
The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.

DISCLAIMER OF WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

GOVERNING LAW

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Pop Rock Toys & Music LLC is headquartered. You and Pop Rock Toys & Music LLC consent to venue and personal jurisdiction in such courts.

with the internal laws of the us without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of us.

LIMITATION OF LIABILITY
You agree that under no circumstances, Pop Rock Toys & Music LLC and its affiliates shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

You also expressly agree that Pop Rock Toys & Music LLC and its affiliates or anyone else working with us shall not be liable to you for any damages resulting from

1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures;

2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website;

3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and

4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

INDEMNIFICATION
You agree to indemnify and hold Pop Rock Toys & Music LLC and its affiliates harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from:

(a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives;

(b) all your actions and use of the website including purchasing products and services;

(d) violation of any terms and conditions of this website by you or anyone related to you;

e) infringement by you or any other user of your account of any intellectual property or other rights of anyone.

Pop Rock Toys & Music LLC will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

CONTACT
For any questions, please contact us at poprockcollectibles@gmail.com