Popbox, Inc. (“Popbox”, “we,” ”us,” “our”) is a marketplace and community platform where people from around the world can connect and buy and sell unique goods. Our policies are designed to create a safe and fair environment for all Popbox users (“User(s),” “you,” “your(s)”). You can use Popbox to encourage new collectors, share and discuss ideas, and buy and sell items online. Learning what’s allowed can help you avoid unintentionally breaking the rules and helps everyone in encouraging reliable and trustworthy Users.
This terms of use agreement (“Terms”) governs your use of the Popbox app, the accompanying website, related content (including third-party content), hyperlinks and any other services and/or content included on or otherwise made available to you through any of the foregoing. These Terms include our policies for user behavior, buying, selling, and other important matters, as well as our privacy policy, which is incorporated into these Terms by reference. Please read these Terms carefully. If you do not agree to comply with these Terms, you should not indicate your acceptance of them, and should not use the Site. You cannot register to use the app or until you have indicated your acceptance of these Terms.
By indicating your acceptance of these Terms, you represent that you have read and agree to be bound by them and all other Popbox policies governing the use of the Site.
We may update these Terms from time to time. If you are a registered user, we will attempt to inform you of any material changes by notification to the email address you have provided during the registration process. Otherwise, you may view the most recent Terms on the Popbox website and/or mobile application. Your continued use of the app or website after we have posted updated Terms will constitute your acceptance of and agreement to be bound by the updated Terms.
You must be 13 years of age or older to register with and use the Popbox app and/or website. By registering for and using the app you affirm that you are 13 years of age or older. No one under age 13 will be permitted to use the app or website under any circumstances. You agree to provide accurate, current, and complete information during the app registration process, including your real name and contact information. We reserve the right to refuse registration for any reason at our sole discretion.
Upon registration with the Popbox app, you will select a unique username and password. You are responsible for maintaining the security and confidentiality of your username and password. You are further responsible for any and all activity on your account. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account. Popbox will not be liable for any loss or damage to you or to any third party arising from unauthorized access to or use of your account caused by your failure to comply with this provision.
Conditioned on your compliance with these Terms, we grant to you a personal, limited, nonexclusive, nontransferable and revocable license to use the app. We or our licensors own and reserve all right, title and interest in and to the app (other than your User Content), including all copyrights, trademarks, and other intellectual property rights (“Popbox Content”), and no such right, title or interest is transferred to you except for the limited license granted above.
As a condition of the license granted to you to use the app or website, you agree that you will not use the app or website in any manner or for any purpose that violates any applicable law, regulation, or these Terms. Without limiting the foregoing condition, you specifically agree that you will not (i) access or attempt to access any account or content that you are not authorized to access, (ii) modify or attempt to modify the app or website in any manner or form, (iii) impair the app or website or any other person’s use or enjoyment of the app or of any goods procured through the app, including but not limited to, by introducing or transmitting any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any portion of the app or website, or by burdening network capacity, (iv) use automated means, including spiders, robots, crawlers, data-mining tools, or the like to access, download or monitor data from the app or website, or (v) sublicense, sell, resell, or otherwise convey the app or website, any Popbox Content, or any elements thereof.
Through the app, we provide a platform for facilitating the purchase and sale of products between Users, as well as other non-commercial communication between Users.
If you have a problem with a transaction conducted through the app, you may contact us at the email address listed below and our support team will attempt to resolve the issue. Users will need to provide as much information as possible regarding the transaction. YOU AGREE TO BE BOUND BY ANY DECISION(S) THAT THE POPBOX SUPPORT TEAM COMES TO WITH REGARD TO SUCH DISPUTES.
You agree that you are solely and exclusively responsible for, must evaluate and make your own judgment about, and bear all risks associated with (i) your interactions with other Users, whether online or in person, and (ii) your purchase, sale, and use of any products made available by Users.
You acknowledge that we do not screen or investigate the background of any Users, nor do we verify or otherwise warrant the accuracy of any representations or statements made by any Users to you or others regarding products for sale. Your dealings with Users, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such User exclusively and do not involve Popbox. It is your sole responsibility to make whatever investigation and take whatever precautions you deem necessary or appropriate prior to interactions and transactions with other Users, whether online or in person. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY USER, AND OUR LIABILITY IS LIMITED AS SET FORTH IN THE LIMITATIONS ON LIABILITY SECTION, BELOW.
The Popbox app and website, and all elements thereof are owned by us, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. We own and retain all rights, including the worldwide copyright and trademark, in all elements of the app and website solely and exclusively, for the duration of such rights in each country, in all languages, and throughout the world.
Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, sublicense, sell, resell or otherwise convey, or create derivative works based on the app or website, any Popbox content, or any elements thereof, without our prior written permission. Any unauthorized use of the app or website or any Popbox content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Popbox and any Popbox logos are trademarks or registered trademarks of Popbox, Inc. All other trademarks or registered trademarks used on the Site are the property of their respective holders. The use of company names, product names and logos or images on the app does not necessarily constitute an endorsement of the named company or products by Popbox.
All content you post to the app, including but not limited to text, images, and photographs, will be deemed “User Content”. We claim no ownership of any intellectual property rights to User Content. To the extent that you own the rights to User Content, you retain those rights solely and exclusively.
By posting User Content on the app, you grant us a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and/or display in any format or medium, with full right of sublicense, such User Content on and through the Site, and you represent and warrant to us that you have all rights necessary in and to such User Content to allow you to post such User Content and to grant us the foregoing license. You may terminate this license at any time by deleting your User Content from the app or cancelling your account. That termination will not apply, however, to any User Content that is already in use by Popbox in any promotional or marketing materials at the time of termination.
You may not post any User Content that violates any applicable laws, rules, policies or regulations, or any content that, in our sole judgment, is contrary to any of our policies or is otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site.
You acknowledge and agree that we may (but have no obligation to) review and revise or delete any User Content, message, or other material posted to or sent through the app that we in our sole discretion determine is in violation of these Terms, might be offensive or illegal, or might harm, threaten the safety of, or violate the rights of other Users, persons or entities. We further reserve the right to refuse use of the app or any other Service to anyone, for any reason. You remain solely responsible for User Content posted or otherwise communicated by you, and the goods exchanged by you, through the Site.
You are solely responsible for creating backup copies of and replacing your User Content.
You and Popbox may enter into certain written agreement(s) concerning elements of the Site, additional services made available by Popbox from time to time, and/or your use thereof (the “Additional Terms”). Any such agreement(s) shall be in writing, expressly refer to being additional terms to these Terms and signed by both you and an authorized representative of Popbox. The Additional Terms will be incorporated into these Terms, and any such additional services shall be included in the definition of “Site” in these Terms unless expressly stated otherwise in the Additional Terms. If there is any contradiction between any Additional Terms and these Terms: (i) the Additional Terms shall control only in relation to the elements of the Site, the additional services and/or your use thereof that are expressly specified in any such Additional Terms; and (ii) these Terms shall control in relation to all other elements of the Site, such additional services and/or your use thereof.
Popbox’s Privacy Policy explains how we treat your personal data and protect your privacy when you use the Site.
As a seller on the app, you are solely responsible for: (i) reviewing, understanding and adhering to these Terms and all applicable laws and regulations. Sellers will arrange to receive payment by using Stripe. Please visit the Stripe website for more information.
Sellers must meet Popbox’s standards of customer service and honor their own transaction policies, including return policies, and shipping and fulfillment methods. When you sell an item to another User, the listing will be automatically transferred to the other User’s Popbox collection.
Customer Service Standards: By meeting Popbox’s standard of customer service, you will be able to provide the best experience for buyers. Failure to meet these standards may result in your listings being removed from the app, and your selling or Popbox account privileges may be suspended and/or terminated. If Popbox removes your item listing for violating Popbox policy, you are still obligated to pay the listing fee for that item.
Our customer service standard requires that sellers:Product Listings and Fees: Product listings are text descriptions, pictures and/or graphic images of a User’s items and collections for sale on the app. There is no listing fee for placing an item for sale on the app. Upon the successful sale of an item, however, Popbox charges the seller a fee of 5% of the total transaction (including shipping), plus Thirty Cents. For example, if you sell an item on Popbox for $100.00 including shipping. Upon the successful completion of that transaction, Popbox would receive $5.30 for that transaction.
Third Party Processing Fees: Please note that Popbox is not responsible for posting current third-party processor fee schedules. Please refer to the Stripe websites to determine their current transaction fees. You are responsible for determining the total listing fees associated with transactions on the app.
Foreign Transactions: Third-party processors have varying fee structures for transactions that involve Users that live outside of the United States. Please consult the applicable third-party’s policy for its foreign transaction fee structures. You are responsible for determining the total listing fees associated with transactions on the app involving an individual, entity or organization outside of the United States.
Refunds: Popbox is not responsible for the refund policies of any third-party payment services including without limitation Stripe.
Return Policy: As a seller on Popbox you are responsible for posting your own return policy and procedure. Your return policy should at a minimum include:When you buy from a seller on Popbox, you’re directly supporting an independent person or business. Because each seller has unique policies regarding processing times and shipping methods, your experience will be different with each transaction. As a buyer on the app you are solely responsible for: (i) reviewing, understanding and adhering to these Terms and all applicable laws and regulations; and (ii) payment of any taxes associated with the purchase of item(s) on the app. If you have a question about an item you order, you should contact the seller directly. In the unlikely event that a transaction does not go as planned, the buyer and seller should work together to reach a resolution. If you can’t reach a resolution, contact our Popbox Support Team.
After you’ve purchased an item, you may leave a review detailing your experience with the seller. Except as may be directed by our support team in resolving User disputes, Popbox will not be responsible for facilitating any purchased item return(s).
If you buy an item from another User, the listing will be automatically transferred to your Popbox collection and will be visible to other Users and the Internet.
Popbox is not obligated to monitor any User Content on the app for Prohibited Content (as defined below). Popbox reserves the right, however, to remove any Prohibited Content in our sole and absolute discretion. Such Prohibited Content will be removed from the app, and the applicable User’s selling or account privileges may be suspended and/or terminated. If Popbox removes an item for violating Popbox policy, the seller is still obligated to pay the listing fee for that item. Popbox is not responsible for assuring that items that you or any other Seller posts on the app adhere to any applicable laws, regulations, Seller policies or these Terms. It is your responsibility to ensure that your use of the app conforms with any such laws, regulations, policies and these Terms at all times.
“Prohibited Content” includes, without limitation, any items, listings or User Content that is, features, includes, links to, or offers for sale:
You represent and warrant that your use of the app or website will be in strict accordance with these Terms, and with all applicable laws, rules and regulations, including without limitation all tax, federal, state, local, provincial and international laws, rules and regulations applicable to your use of the app or website and User Content, including all copyright, patent and trademark laws.
By using the Popbox app or website, you hereby represent and warrant that:
We do our best to ensure that the app and website are accessible through as many mobile device platforms as possible. However, Popbox cannot and does not guarantee that our app or website will be accessible through your any device you attempt to use them on.
If you believe that anything made available via our app or website infringes upon any copyright or other intellectual property right that you own or control, you may file a notification of such infringement with our Designated Agent at the address set forth below.
Copyright Agent
Popbox, Inc.
4 Cross Lane, Glen Head, NY 11545
E-Mail Address of Designated Agent:hello@popboxapp.com. To be effective, the notification must be a written communication that includes the following:
We may give notice of a claim of copyright or other infringement to our Users by means of a general notice on our app, electronic mail to a User’s email address in our records, or by written communication sent by first-class mail to a User’s address in our records. In accordance with the Digital Millennium Copyright Act and other applicable law, Popbox has adopted a policy of terminating, in appropriate circumstances, and at the sole discretion of Popbox, the right to access and use the Popbox app for those Users who are deemed to be repeat infringers. Popbox may also, at its sole discretion, limit access to the app and/or terminate the right of any Users to access and use the Popbox app for the infringement of any intellectual property rights of others, whether or not there is any repeat infringement.
Popbox reserves the right, at its sole and absolute discretion, to temporarily or in perpetuity, change, modify, update, alter and/or cancel the app, without notice to you. Popbox will not be liable for any kind of damage or loss to you or to any third-party, stemming from any such changes, modifications, updates, alterations and/or cancellation of any of the app or portion thereof.
Notwithstanding anything to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate your account, Usership, access to any portion of the app and/or any of your rights under these Terms for any or no reason. Following any termination of your account and/or Usership, we reserve the right to send a notice that you have been terminated to other Users with whom you have corresponded.
You agree to indemnify, defend, and hold harmless Popbox, Inc., its officers, directors, employees, agents and assigns for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or relating to any actual or threatened claim or demand by any third-party arising out of or relating to (i) any intentional or willful violation by you of any rights of another or harm to another caused by you or any product you make available through the app, (ii) any inaccurate or untruthful User Content or other information provided by you to or made available through the app, (iii) any violation by you of any of these Terms.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL POPBOX BE LIABLE FOR ANY COST, EXPENSE, LOSS OR DAMAGE WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, , INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF MONEY, GOODWILL, REPUTATION, PROFITS OR OTHER INTANGIBLE LOSSES, AND/OR ANY OTHER DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING DIRECTLY OR INDIRECTLY FROM (I) THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF THE SITE, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS; (II) INTERACTIONS BETWEEN USERS, WHETHER ONLINE OR OFFLINE, OR RELIANCE BY YOU OR OTHER USERS ON THE AVAILABILITY OF THE APP OR ON ANY INFORMATION OBTAINED THROUGH THE APP; (III) User Content, (IV) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE APP; (IV) GLITCHES, BUGS, ERRORS OR INACCURACIES OF ANY KIND ON THE APP; (V) SUSPENSION, TERMINATION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT OR ANY OTHER USER’S ACCOUNT; (VI) YOUR NEED TO MODIFY YOUR TRANSACTION POLICIES OR User Content, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR OUR POLICIES; IN EACH CASE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, POPBOX SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE NOT DIRECTLY PROVIDED BY POPBOX ITSELF, INCLUDING BUT NOT LIMITED TO ANY PRODUCT MADE AVAILABLE FOR PURCHASE VIA THE APP.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT WE ARE FOUND TO BE LIABLE FOR ANY REASON, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, (I) THE POPBOX APP AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY POPBOX SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND; (II) WE DO NOT WARRANT THAT THE APP OR ANY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, ACCURACY, RELIABILITY, PERFORMANCE OR SECURITY OF THE APP OR ANY SERVICES; (III) UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL POPBOX APPS OR WEBSITES AND SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND NONINFRINGEMENT OR CONDITION OF TITLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR THE DISCLAIMER OF CERTAIN WARRANTIES. AS A RESULT, SUCH EXCLUSIONS AND WAIVERS MAY NOT APPLY TO YOU.
You and Popbox (each individually a “Party” and collectively the “Parties”) agree that any dispute relating to these Terms or your use of the Site will be resolved solely by the means set forth in this section. In the event that any such dispute arises, you agree to first contact Popbox directly, and the Parties agree to make a good faith effort to resolve the dispute. If the matter remains unresolved for sixty (60) days after your initial contact with Popbox regarding the dispute, the matter will be submitted to binding arbitration as follows:
Any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity of any of those, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Glen Head, New York before one arbitrator. Either Popbox or you may commence the arbitration process called for in this Section by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, each as in effect at the time of filing of the demand for arbitration. Each party will cooperate with JAMS and with the other party in selecting an arbitrator from JAMS’s panel of neutrals, and in scheduling the arbitration proceedings. Each of you and Popbox agrees that it will participate in the arbitration in good faith. The costs of the proceedings (including attorneys’ fees and costs on a full indemnity basis or otherwise) shall be borne in the manner determined by the arbitrator. The provisions of this Section may be enforced by any court of competent jurisdiction. In the event of any procedural matter not covered by the relevant JAMS rules, the procedural law of the State of New York shall govern. The parties acknowledge and agree that their obligations under this arbitration provision survive and will continue to bind them after Termination. Judgment on the arbitration award may be entered in any court having jurisdiction. This Section won’t preclude either party from seeking equitable relief or provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the arbitration award, including the hearings and filings, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy or unless otherwise required by law or judicial decision.
Any dispute arising under or in connection with this Agreement or related to any matter that is the subject of this Agreement shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA, without regard to its conflict of laws principles. You agree that any claim or dispute you may have against Popbox must be resolved by a court located in Nassau County, New York, except as otherwise agreed by the Parties or as described in the Arbitration paragraph above. You agree to submit to the personal jurisdiction of the courts located within Nassau County, New York for the purpose of litigating all such claims or disputes. In addition to any other relief awarded, the prevailing Party in any action arising out of this Agreement shall be entitled to its reasonable attorneys’ fees and costs.
These Terms, and any updates thereto, will constitute the entire agreement between you and Popbox concerning the app or website and supersedes all prior understandings, agreements and documentation relating to such subject matter. Popbox’s failure to strictly enforce any provision of these Terms will not constitute a waiver of any such provision. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
Popbox wants to hear from you. No really, we actually do. Keeping in touch with our users allow us to make Popbox better. Let us know what you like, what you don't like, and everything in between.