PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PopCulturePassionistas.com. The collective work includes works that are licensed to PopCulturePassionistas.com. Copyright 2018, PopCulturePassionistas.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PopCulturePassionistas.com or purchasing PopCulturePassionistas.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PopCulturePassionistas.com or to purchase PopCulturePassionistas.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PopCulturePassionistas.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of PopCulturePassionistas.com used in the site are trademarks or registered trademarks of PopCulturePassionistas.com.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PopCulturePassionistas.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PopCulturePassionistas.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PopCulturePassionistas.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
PopCulturePassionistas.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PopCulturePassionistas.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a PopCulturePassionistas.com product is mistakenly listed at an incorrect price, PopCulturePassionistas.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PopCulturePassionistas.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PopCulturePassionistas.com shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by PopCulturePassionistas.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
PopCulturePassionistas.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to PopCulturePassionistas.com.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PopCulturePassionistas.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PopCulturePassionistas.com products) must be commenced within one (1) year after the claim or cause of action arises. PopCulturePassionistas.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PopCulturePassionistas.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PopCulturePassionistas.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PopCulturePassionistas.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PopCulturePassionistas.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PopCulturePassionistas.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PopCulturePassionistas.com in its sole discretion.
You agree to indemnify, defend, and hold harmless PopCulturePassionistas.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, PopCulturePassionistas.com may link to sites operated by third parties. However, even if the third party is affiliated with PopCulturePassionistas.com, PopCulturePassionistas.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PopCulturePassionistas.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PopCulturePassionistas.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
INFORMATION WE COLLECT ABOUT YOU
PopCulturePassonistas.com requests and collects personal information from our customers to deliver the products and services you request and to help improve your shopping experience. The types of personal information we may collect from you can vary according to the method through which it was attained.
INFORMATION YOU PROVIDE US
We receive and store any information you knowingly provide to us, such as:
• Full name, Email address, phone number, shipping address;
• Email address
• Phone number
• Shipping address
• Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of completing your transaction);
• Username and password for your PopCulturePassonistas.com membership;
• A record of your PopCulturePassonistas.com orders, purchase history, and shopping behavior and preferences;
• Information provided by you through your interactions with us in social media; and
• Location and geographic information that could be collected if you use our mobile site or app.
Other details that you may submit to us or that may be included in the information provided to us by third parties.
You may also provide personal information about other people, such as their name and email address. When you select to email a friend your wish list, when you tell a friend about PopCulturePassonistas.com, or when you purchase a Gift Certificate for a friend, we will use their name and email address to send them a one-time email. This information is only used for the sole purpose of completing your request. We do not share your friend’s email information for any other purposes unless that friend creates a membership to PopCulturePassonistas.com. PopCulturePassonistas.com stores this information for the sole purpose of sending this one-time email and tracking the success these programs. Your friend may contact us at support@PopCulturePassonistas.com to request that we remove this information from our database.
INFORMATION COLLECTED AUTOMATICALLY
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include, for example, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve to improve marketing, analytics, and site functionality.
When you interact with PopCulturePassonistas.com, we use technologies such as: cookies, beacons, tags and scripts to collect information about you. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about you and our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
LOCAL STORAGE OBJECTS (HTML5)
We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 to collect and store information.
Various browsers may offer their own management tools for removing HTML5 LSOs.
DO NOT TRACK
Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising through Internet browser settings. At this time, we do not respond to “do not track” settings.
HOW WE USE YOUR INFORMATION
We use your personal information to provide you products and services, such as to fulfill your request for products or to help us personalize our offering to you. We also use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions.
Some examples include:
• Processing, verifying, validating, and completing your transaction;
• Creating, managing, and maintaining your membership to this Site; do we need this?
• Providing requested live customer support and services;
• Record keeping of your purchase history;
• Enabling communication via our Site, blog, and social networks;
• Managing your participation in contests and promotions; and
• Sending email as appropriate.
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.
HOW EE SHARE YOUR INFORMATION
PAYMENT, SHIPPING, REFERRAL & OTHER PROGRAMS
We use a third party payment processor and a third party shipping agent to ensure the payment and delivery of your purchased products. We also use a third party to administer our referral program. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.
We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, as PopCulturePassonistas.com, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of PopCulturePassonistas.com’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We will notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.
LINKS TO THIRD PARTY WEBSITES
This Site contains links to other websites. PopCulturePassonistas.com takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.
USER-GENERATED CONTENT & INFORMATION DISCLOSURE
Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, on social media pages, in connection with contests and promotions, and on the Pop Culture Passionistas blog) becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. Your membership name, email, or other information may also be displayed when you post comments or upload images throughout the Site. PopCulturePassonistas.com is not responsible for the personal information users select to disclose in these forums. To request removal of your personal information from our blog or community forum, contact us at support@PopCulturePassonistas.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
SOCIAL MEDIA FEATURES & WIDGETS
HOW WE PROTECT YOUR INFORMATION
PopCulturePassonistas.com makes reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.
We retain your Personal Data as long as we are providing Services to you. We retain Personal Data after we cease providing Services to you, even if you close your PopCulturePassonistas.com account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
If you have any questions about security on our Web site, you can contact us at harrington@PopCulturePassionistas.com.
PopCulturePassonistas.com is intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to PopCulturePassonistas.com. If you believe we may have collected information from a person under the age of 13, please promptly contact harrington@PopCulturePassonistas.com so we can correct.
YOUR CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding 2017 sharing activities).
To obtain this information from Pop Culture Passionistas please send an email message to harrington@PopCulturePassonistas.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.