1. Service and Terms

    1. The Services are provided subject to these Terms and anyoperating rules or policies that popularonitem may publish from time to time(collectively, the " Agreement"). popularonitem may make changes or modificationsto this Agreement at any time, and such changes or modifications are effectiveimmediately upon the earliest of  popularonitems email notification to youadvising you of such changes or modifications,  your electronic acceptanceof this Agreement after such changes or modifications have been made to thisAgreement as indicated by the "Date of Last Revision" date at the top of theTerms, or your continued use of the Services after popularonitem posts theupdated Agreement to popularonitem.com. In addition, when using particularpopularonitem services, Customer and popularonitem will be subject to any postedguidelines or rules applicable to such Services that may be posted from time totime.

    2. Customer will be one party to this contract.  For Customers resident in the United States, popularonitem.com. will be the other contracting party.  For all other Customers (non-residents of the United States), popularonitem.com. will be the other contracting party.

    3. The Services are available only to persons who can formlegally binding contracts under applicable law. Without limiting the foregoing,the Services are not available to individuals under the age of 18. If you donot qualify, please do not use the Services.

    4. The Services provides a collection of tools and resources tomanage an online store, process orders and sell products online. In addition,the Services may include migration services relating to your use of thepopularonitem's tools and resources.

    5. Customer must complete a registration form in order to usethe Services. Customer will provide true, accurate, current, and complete informationabout Customer as requested in the registration form, and will update theinformation to keep it current. As part of the registration process, Customerwill identify an email address and password for Customer's popularonitem account.Customer is responsible for maintaining the security of Customer's account,passwords, and files, and for all uses of Customer's account and of theServices in Customer's name. popularonitem reserves the right to refuseregistration of, or cancel, accounts it deems inappropriate.

    6. popularonitem acknowledges that popularonitem is responsible for the security of credit cardholder data to the extent that popularonitem has control of that data. To that end, popularonitem undertakes regular assessments consistent with the Payment Card Industry Data Security Standards. Customer acknowledges that Customer is responsible for determining the PCI DSS merchant requirements applicable to the Customer and Customer's unique use of the popularonitem platform and tools.

  2. Restrictions and Responsibilities

    1. This is an Agreement for Services, and Customer is notgranted a license to any software by this Agreement. Customer will not,directly or indirectly: reverse engineer, decompile, disassemble, or otherwiseattempt to discover the source code, object code, or underlying structure,ideas, or algorithms of or included in the Services or any software,documentation or data related to the Services (" Software"); modify, translateor create derivative works based on the Services or any Software; or copy(except for archival purposes), distribute, pledge, assign or otherwisetransfer or encumber rights to the Services or any Software; use the Servicesor any Software for timesharing or service bureau purposes or otherwise for thebenefit of a third party; or remove any proprietary notices or labels.

    2. Customer represents, covenants, and warrants that Customerwill use the Services only in compliance with these Terms, popularonitem'spublished privacy policies or otherwise furnished to Customer (the " PrivacyPolicy ") and all applicable laws (including but not limited to policies andlaws related to spamming, privacy, obscenity, or defamation). Customer may notaccess or otherwise use third party mailing lists in connection with preparingor distributing unsolicited email to any third party. Customer hereby agrees toindemnify and hold harmless popularonitem and its Content Providers and therespective directors, officers, employees and agents of each against anydamages, losses, liabilities, settlements, and expenses (including withoutlimitation costs and reasonable attorneys' fees) in connection with any claimor action that arises from an alleged violation of the foregoing. Althoughpopularonitem has no obligation to monitor the content provided by Customer orCustomers use of the Services, popularonitem may do so and may remove any suchcontent or prohibit any use of the Services it believes may be (or alleged tobe) in violation of the foregoing.

    3. For every email message sent in connection with theServices, Customer acknowledges and agrees that the recipient has agreed toreceive such communication and that Customer will not engage in the act ofsending unsolicited emails.

    4. In using the varied features of the Services, Customer mayprovide information (such as name, contact information, or other registrationinformation) to popularonitem. popularonitem may use this information and anytechnical information about Customer's use of this website to tailor itspresentations to Customer, facilitate Customer's movement through this website,or communicate separately with Customer. popularonitem will not provideinformation to companies Customer has not authorized, and popularonitem will notauthorize the companies that get such information to sell and redistribute itwithout Customers prior consent.

    5. Customer acknowledges and agrees that:  the Servicesincluding without limitation, any modifications, enhancements and updates, andany originals and copies thereof, in whole or in part, and all intellectualproperty rights therein (collectively, " Proprietary Information") are owned bypopularonitem and/or its third party sponsors, partners, and other co-branders(collectively, " Content Providers"),  the Proprietary Information containsvaluable copyrighted material and is protected by U.S. and internationalcopyright and other intellectual property laws,  the Proprietary Informationis licensed, rather than sold, to Customer pursuant to these Terms, and )Customer has no rights in the Proprietary Information, other than the rightsand licenses granted to Customer herein.

    6. popularonitem Trademarks. "popularonitem" and our logos (bothwords and design) either are trademarks, service marks, or registeredtrademarks of popularonitem or its Content Providers, and may not be copied,imitated or used, in whole or in part without popularonitem's prior expresswritten consent or that of our Content Providers. In addition, all pageheaders, custom graphics, design and user interface elements, and scripts areservice marks, trademarks, and/or trade dress of popularonitem and may not becopied, imitated, or used, in whole or in part without our prior writtenpermission, which consent may be withheld in our sole discretion. All othermarks or logos not owned by popularonitem are the property of their respectiveowners.

    7. Reservation of Rights. Except for the rights expresslygranted to Customer pursuant to these Services, Customer acknowledges that ithas no right, title or interest in or to this website, the Services orProprietary Information. All rights not expressly granted by popularonitem inthese Terms are hereby reserved by popularonitem. There are no implied rights.

  3. Term and Termination

    1. Customer may terminate this Agreement at any time. See also Section7 below (Fees and Payment; Upgrade, Downgrade and Cancellation of Services) formore information regarding termination of this Agreement or related Services.

    2. popularonitem may terminate this Agreement or the Services atany time with or without cause, and with or without notice. popularonitem willhave no liability to Customer or any third party because of such termination.

    3. Upon termination or expiration of this Agreement by eitherparty for any reason,  popularonitem will cease providing the Services, you will not be entitled to any refunds of any usage fees or any other fees,pro rata or otherwise and  any outstanding balance owed to popularonitem foryour usage of the Services through the effective date of such termination orexpiration will immediately become due and payable in full. All sections ofthis Agreement which by their nature should survive termination will survivetermination, including, without limitation, warranty disclaimers andlimitations of liability.

    4. Upon termination or expiration of this Agreement by eitherparty for any reason, popularonitem may delete any Customer archived data within30 days after the date of termination.

  4. Disputes Regarding Account or Site Ownership

    1. The entity or person creating a popularonitem account anddesignated as the owner will be deemed the account owner. For security reasons,only the account owner or the point of contact designated by the account ownerwill be allowed to make changes, cancellations, or designate a new point ofcontact. Disputes sometimes arise between or among multiple persons claimingownership of or rights in a site, store or account. popularonitem is notobligated to, and will not, resolve any such disputes.

    2. If multiple persons are claiming ownership of or rights in asite, store or account, and, in popularonitem's sole judgment, there isuncertainty as to the ownership of or rights in such site, store or account,then popularonitem will, to the extent of its knowledge and ability, notify suchpersons of the dispute and demand that such persons promptly, conclusively, andfinally resolve the dispute in a manner which makes clear who the owner(s)and/or interest holder(s) is/are and in a manner which relieves popularonitem ofall liability and obligations concerning the dispute and such site, store oraccount. If the disputing persons fail to resolve the dispute within whatpopularonitem, in its sole judgment, deems to be a reasonable time, thenpopularonitem, at its sole option and without any obligation to do so, maysuspend or terminate the account until such persons resolve such dispute andreach certainty regarding ownership of or rights in such website, store and/oraccount. The person or persons conclusively and finally determined by courtorder, binding arbitration or settlement agreement to be the rightful owner(s)or interest holder(s) of such website, store and/or account will be obligatedto pay all amounts due and comply with the then current popularonitem policyregarding transfers of accounts, if required, to transfer ownership of thesite, store and/or account to the rightful owner. Failure of the rightful ownerof such site, store and/or account to timely pay in full all of such amountswill be deemed a breach of these Terms and will subject the account toimmediate termination.

  5. Customer's Name and Trademarks; Customer Feedback; CustomerSubmissions

    1. Name and Trademarks. Customer hereby grants popularonitem a non-exclusive right and license to use Customers name and such of Customers trade names, trademarks, service marks and logos ("Customer's Marks") as are used by Customer on Customers hosted sites in connection with this Agreement, and images and publically-facing information about Customer on Customers hosted sites including, but not limited to, screenshots of Customer's hosted sites and associated photographs appearing on Customers hosted sites ("Customer Public Information and Images"):  on popularonitem's own websites describing and promoting popularonitem's Services,  in printed and online advertising, publicity, directories, newsletters and updates describing and promoting popularonitem's Services, and in applications reasonably necessary and ancillary to the foregoing. Customer  represents and warrants to popularonitem that Customer has all necessary rights to grant popularonitem the foregoing rights, and agrees that neither Customer nor anyone else will be entitled to any compensation for popularonitem's exercise of the foregoing rights.

    2. Customer Voluntary Suggestions. Some of the features of this website orthe Services found at this website may allow Customer to view, post, publish,share, store, or manage  ideas, opinions, recommendations, feedback oradvice (" Customer Feedback"), or  literary, artistic or other content,including but not limited to photos and videos (" Customer Submissions")(Customer Feedback together with Customer Submissions, " Customer Voluntary Suggestions"). Byproviding Customer Voluntary Suggestions to popularonitem via any method (e.g. site submission,email, survey responses, etc.), Customer represents and warrants to popularonitemthat  Customer has all necessary rights to distribute Customer Voluntary Suggestions viathis website or via the Services found at this website, either because Customeris the author of the Customer Voluntary Suggestions and has the right to distribute the same,or because Customer has the appropriate distribution rights, licenses and/orpermissions to use, in writing, from the copyright or other owner of theCustomer Voluntary Suggestions, and Customer does not violate the rights of any thirdparty by providing the Customer Voluntary Suggestions.

    3. License to popularonitem. popularonitem will have the right touse and disclose any Customer Voluntary Suggestions posted to popularonitem's corporatewebsites or submitted directly to popularonitem for any lawful purpose. In noevent will Customer or anyone else be entitled to any compensation oracknowledgement for popularonitem's use of any Customer Voluntary Suggestions. Customer'sprovision of Customer Voluntary Suggestions is entirely voluntary and will not create anyconfidentiality obligation for popularonitem. By submitting Customer Voluntary Suggestions,Customer hereby grants popularonitem an irrevocable, perpetual, transferable,non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensablethrough multiple tiers) to:  use, copy, distribute, reproduce, modify,create derivative works of, adapt, publish, translate, publicly perform, andpublicly display Customer Voluntary Suggestions (or any modification thereto), in whole or inpart, in any format, medium or application now known or later developed, and use (and permit others to use) Customer Voluntary Suggestions in any manner and for anypurpose (including, but not limited to, commercial purposes) that popularonitemdeems appropriate in its sole discretion (including, but not limited to, toincorporating Customer Voluntary Suggestions (or any modification thereto), in whole or inpart, into any technology, product or service. The provisions in this Sectionapply specifically to popularonitem's use of Customer Voluntary Suggestions posted topopularonitem's corporate websites or submitted directly to popularonitem, and not to Customer's hosted sites. Customer will be solely responsible for any and all ofthe Customer Voluntary Suggestions that are submitted through Customer's account, and theconsequences of, and requirements for, distributing it.

    4. Discussion Areas. popularonitem makes no representations or warranties withrespect to any forums, blogs, private messages, emails, or other electronicdiscussion mediums made available on or via the Services (collectively, " Discussion Areas") or with respect to any messages, information, or materialscontained in the Discussion Areas. Customer's use of, or reliance upon, anysuch messages, information, or materials is at Customer's sole risk andexpense. popularonitem does not, and cannot, review all of the information andmaterials provided in the Discussion Areas and has no responsibility orliability for any such information or materials or their use. If popularonitem becomesaware of any information or materials that it determines violate these Terms orthe Discussion Areas' policies promulgated by popularonitem from time to time orthat popularonitem otherwise deems inappropriate in its sole discretion,popularonitem reserves the right to delete, move, or edit any such information ormaterials.