GENERAL TERMS AND CONDITIONS

POPC is a marketplace that unites creators, artists, and shoppers under one galaxy. POPC promotes creator and end-user engagement in all aspects of POPC - displaying art, writing reviews, giving feedback, participating in forums, and create synergies with other creators and artists  to join forces on projects.
A critical element to the function and existence of the POPC website (“POPC”) is that it is mandatory that all users respect the intellectual property rights of others, including copyright and trademarks. Creators must only upload digital art (“Artwork”) that has been created by the creator (“Artist”) and the Artist must have permission to use and authorizes others to use such Artwork. Customers or browsers (“End-User”) must respect the copyright and trademarks of all the Artwork seen or bought on POPC. Respecting intellectual property belonging to others is a fundamental tenet of POPC’s community.
Artists and End-Users are responsible for ensuring that they abide by any applicable laws through their respective participation on POPC.
Using POPC means you accept the general terms and conditions contained in the agreement below, as updated from time to time. If you do not agree with its terms, do not use POPC.
All visitors including Artists and End-Users to POPC at www.POPC.com (“POPC”) are entering this binding legal agreement (the “Agreement”) when using the POPC. The Agreement is between the Artist or End-User and Waverider Entertainment FZ-LLC (“Waverider”) and use of POPC indicates continued acceptance of this Agreement. POPC may amend the terms of this Agreement from time to time, with such changes displayed on POPC and/or sent to the Artist or End-Users email address registered with POPC and continued use of POPC shall be deemed acceptance of these new/amended terms.

ADMISSIBILITY

POPC services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.

POPC SERVICES

POPC provides a range of services (the “Services”) which includes but is not limited to, facilitating Artists and End- Users to upload, explore, sell, and purchase Artwork; and obtain the advantages of POPC's facilitation of customer services, third party product manufacturing payment, processing and product fulfilment with arrangement for the  delivery of the physical product to End-Users.
The Artwork on POPC may be in the form of digital graphics, images, photographs, sound, video, music information, text, data, or any other material posted online by Artists.  Artwork submitted by the Artist may be seen by all End-Users of POPC once POPC uploads the Artwork. Artists may order a physical product based on their  own Artwork or the Artwork may be offered for sale as part of the sale of a physical product. 

REGISTRATION

Artists and End-Users can register on POPC by setting up a password protected account. Artists must register before submitting any Artwork to POPC and writing any comments in forums or reviews. POPC may in its sole discretion refuse any persons from becoming registered user of  POPC.
Any information published in the public section of Artists or End-Users profile may be viewed, distributed or linked to within POPC or in the course of delivering the Services. The POPC privacy policy sets out how POPC handles Artists or End-Users personal information.

CONDUCT

Artists and End-Users are liable for actions made on POPC using their respective accounts and password, Artwork displayed or messages sent, including any products purchased or sold even if these actions were not approved or executed by the Artist or End-User. Artists and End-Users shall be solely responsible for any loss caused by any use  or misuse of passwords by the Artist, End-User, or any other person.

WARRANTIES AND REPRESENTATIONS FOR SUBMITTING ARTWORK AND USE OF POPC 

In order to receive the Services, the Artist grants POPC a non-exclusive royalty free license to use and archive the Artwork in accordance with or as reasonably contemplated by this agreement and provision of Services
The Artist shall retain the copyright of any Artwork submitted or uploaded to POPC.
As further stated in the Artist Agreement, the Artist and End-User represents and warrants in respect of any content or Artwork submitted to POPC that: 

The Artist is responsible for complying with third-party rights and warrants that the uploading of the Artwork on POPC will not infringe on the intellectual property rights of others and does not remove the Artist’s responsibility to guard against infringement of rights, including but not limited to any patent, copyright, trade secret, or other proprietary rights of that may be held by any other person or entity. The Artist confirms that they will not submit any mature, religious, political or adult-oriented content that violates the laws and cultural values of countries within the Middle East. POPC has the right to reject and remove any work(s) that violates the terms and conditions set by POPC herein. The End-User and Artist confirms that their Artwork or any of their activities undertaken on POPC does not include malicious code, including but not limited to time bombs, viruses, trojan horses, cancelbots, worms, or any other computer programming routines that may interfere with, damage, covertly intercept, or expropriate any system, program, data, or personal information.
POPC reserves the right to review and if in its sole discretion deemed necessary, remove any Artwork or content  from POPC and / or cancel accounts, because that Artwork, content or misconduct breaches this  Agreement with us and / or any applicable laws, or otherwise. The Artist or End-User agree to indemnify POPC in respect of any direct or indirect damage caused due to breach of one or more of these warranties.

PAYMENT FOR PRODUCT ON POPC

End-Users can purchase Products on POPC using a valid credit card.
You do not have to be a member to purchase a product.
The total retail price paid by the End-User is fixed at the time of check-out.
End-Users have a period of 6 hours from submitting an order to cancel such order. Cancellations after 6 hours shall not be accepted. 
POPC does not accept any return requests for delivered Products.
It is the End-User's responsibility to ensure that POPC has correct details of the End-User's product delivery address and bank account details. POPC will not be liable for any loss suffered by the Artist if the Artist provides incorrect details in relation said details. POPC do not warrant, endorse, make representations about or recommend any Artwork provided by Artists.

DELIVERY OF PURCHSED PRODUCTS

Delivery will be facilitated pursuant to the End-User’s instructions by postal or courier service through POPC’s delivery partner and will be paid for by the End-User at the price indicated at the time of purchase. POPC will charge shipping charges to the End-User which will vary depending upon the size and price of the Product.

DAMAGED PRODUCTS

If a Product is delivered to an End-User that is materially or physically damaged, POPC will arrange for a cash refund for the damaged Product after receiving reasonable and validated proof of that damage. POPC shall not replace any damaged Products.
POPC must be informed via email within 3 days of receipt documenting the nature of the damage . POPC shall require you to return the Product as a condition to arranging for a new Product or other remedy. The End-User will bear the direct cost of returning the Product. This damaged goods policy does not apply to Artwork, only to the physical product.

PRODUCT VARIATION

Artist and End-User understand and agree, that descriptions and information provided by POPC in the Service and Product with respect to material, color, weight, measurements, design or other features of the Products only serve as an approximate indication for the Products, and that POPC through its third-party manufacturers, when facilitating the manufacture of Products, is entitled to deviate from such descriptions and information as far as this can be considered reasonable and that such deviations are not considered a Product defect or damaged Products.      

FLAGGING INAPPROPRIATE CONTENT OR BEHAVIOUR

Artists and End-Users are encouraged to flag and inform POPC about any inappropriate content or Artwork seen on POPC by sending an email to info@popc.com 

EXTERNAL INTERFERENCE 

Artists and End-Users must take necessary safety measures to ensure that to ensure that they are not exposed to the risk of malaware, viruses, malicious computer code or other forms of interference which may damage their computer systems by virtue of using POPC or the Services. POPC do not accept responsibility for any interference or damage to any computer system that arises in connection with use of  POPC or any linked website.
POPC does not accept liability for any losses arising directly or indirectly from a failure to provide the  Services, errors or interruptions, corruption to or loss of data, , any suspension or discontinuance of the Services, or any transmissions by others in violation of the Artist or End-User’s obligations as set out in this Agreement.

PRIVACY POLICY

Artist and End-user privacy on the collection and use of personal information is very important to POPC and the POPC private policy is incorporated into this Agreement by reference and can be found here.

DISCLAIMER

Waverider makes no warranties or representations and assumes no responsibility whatsoever for any claims against the Artist or Waverider by an artist, his/her agent, estate or any other party in connection with the use, display, reproduction and sale of Artwork in the POPC platform.  

Waverider does not warrant that material, content or Artwork uploaded on POPC will not infringe on the copyright and other proprietary rights of third parties.    
Waverider does not warrant that any Artist's uploads will be protected against loss, or misuse or alteration by third parties.  
Waverider does not warrant all uploaded Artwork or content will be available on POPC. In its sole discretion, Waverider shall elect to make available the Artist's Artwork or content on POPC, Waverider does not warrant that it will be available within a specific time frame.   
Waverider does not warrant and cannot ensure the security of any information that is shared or transmitted on POPC.      
Waverider does not accept responsibility for any loss or damage, however caused (including through negligence), the Artist or End-User may directly or indirectly suffer in connection with Artist use of POPC or any linked website, nor does Waverider accept any responsibility for any such loss arising out of Artist use of or reliance on information contained on or accessed through POPC.           
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, our liability will be limited for a breach of that condition or warranty to one or more of the following:
a) if the breach relates to Products:
  • The payment of the cost of repurchasing the Product.
b) if the breach relates to Services:
  • The payment of the cost of having the Services supplied again
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
These disclaimers will survive any termination of this Agreement.

INDEMNITY

The Artist agrees to indemnify Waverider its officers, directors, employees, agents and representatives including all third parties printing, manufacturing and/or otherwise fulfilling the Products and hold them harmless against any and all such claims, and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by Waverider as a result of, any alleged or actual infringement or of any third party's intellectual property rights or other rights arising out of the use of the Artwork or provision of the Services on POPC including without limitation copyright infringement claims, royalty or fee demands and/or actions, including the costs thereof, arising as a result of the Artist’s use, display, reproduction and sale of the Artwork or any breach or non-performance of Artist obligations under this Agreement or arising out of Artist willful act, neglect or default in the performance of such obligations.

LINKED POPC SITES

POPC may contain links to other websites (“linked websites”). Those links may be temporary for convenience only. POPC are not responsible for the content or privacy practices associated with linked websites and shall not be interpretated as an endorsement or partnership or recommendation of those linked websites.

TERMINATION

Access to this POPC may be terminated at any time at POPC’s sole discretion  without notice. 

DISPUTE RESOLUTIONS

This Agreement and all disputers relating to this Agreement agree that they shall use all reasonable endeavours through mutual discussions to amicably settle any dispute or difference of opinion between them, arising out of, in connection with or in relation to this Agreement.
Any dispute or differences which cannot be amicably settled by the parties within Fifteen (15) working days from the date of a formal notice of a dispute by either of the Parties, shall be referred to Arbitration in accordance with all applicable Rules of London Court of International Arbitration DIFC.
This Agreement and all disputes, controversies or claims arising out of or in connection with this Agreement, including any contractual or non-contractual claims or disputes, or any questions regarding its existence, validity or termination will be governed by and construed in accordance with the federal laws of United Arab Emirates as applied in Emirate of Dubai.
Notwithstanding the foregoing, POPC may seek injunctive or other equitable relief, from a court of competent   jurisdiction. 

MISCELLANEOUS 

If POPC waive any rights available  under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
POPC accepts no liability for any failure to comply with this Agreement where such failure is due to circumstances beyond POPC’s reasonable control.
If any of the terms of this Agreement are held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Artists and End-Users may close their account at any time by logging into their account, clicking on the hyperlink titled 'Cancel Account', which appears at the following address: http://www.POPC.com/account/settings, .
POPC may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.