Terms and Conditions
Welcome to the Pop Up Tee website, www.PopUpTee.com (the “Site”), owned and operated by PopUpTee.com (“Pop Up Tee”). Pop Up Tee provides services to users subject to the terms and conditions set forth herein (the “Terms”) and, except as otherwise noted herein, the Terms govern your use of the Site. In addition, the use of any of the services supplied by Pop Up Tee are subject to the rules, guidelines, policies, terms, and conditions applicable to such services, which are incorporated into these Terms by reference.
- Your Acceptance
- Website Access
Pop Up Tee hereby grants you permission to access and make personal use of this Site pursuant to these Terms, insofar as: (i) your use of the Site is for your personal use and is not for any commercial purpose of your own beyond what is permitted by the Terms; (ii) you do not copy or distribute any aspect of the Site in any way without Pop Up Tee’s prior written authorization; (iii) you do not alter or modify any aspect of the Site beyond what may be reasonably necessary for proper use of the Site for its intended purpose; and (iv) you otherwise comply with these Terms. Pop Up Tee is not intended for children under 13. If you are under 13 years of age, then please do not use the Pop Up Tee Site.
- Electronic Communications
When you visit PopUpTee.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Account Creation
Some portions of the Site may only be accessible to those that have created a user account. You may not use any account that is not your own without the account holder’s permission. When creating your account, you are required to provide accurate information about yourself. Any activity that originates or is affiliated with your account is solely your responsibility as is the security and confidentiality of your account username and password. You may change your password at any time by updating your Account page. In addition, you agree to immediately notify Pop Up Tee of any unauthorized use of your password or account or any other breach of security. Pop Up Tee cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In addition, some portions of the Site are only accessible to those that have entered personal information, such as when users submit design ideas and during the check out process. When submitting personal information on the Site, you are required to provide accurate information about yourself. It is solely your responsibility to keep the information you submit to Pop Up Tee confidential and secure. You agree to immediately notify Pop Up Tee of any unauthorized use of your information or any other breach of security. Pop Up Tee is not liable for any loss or damage arising from your failure to comply with this section.
When submitting personal information to the Site, you warrant that you are able to enter into a legally binding contract and are not barred from using the Site by any laws. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian. You agree to provide true, accurate, current and complete information about yourself in all required fields when prompted. If any of your information changes, you agree to update your information as soon as possible. If Pop Up Tee suspects that the information you submitted is not complete, current, or accurate, or that you have otherwise violated these Terms, your account may be subject to suspension or termination, and you may be barred from using the Site.
- Prohibited Uses of the Site and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including our company and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; otherwise violate any law; or in doing so, amounts to any conduct that, in the judgment of Pop Up Tee, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site or the related services and products. You agree not to expose the Site to any automated system, including, but not limited to, “robots,” “spiders,” or similar technological devices or programs, that access the Site in a manner that sends more request messages to the Pop Up Tee servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Pop Up Tee grants permission to the operators of public search engines to use the technology necessary to copy materials from the Site, so long as such use is for the sole purpose of creating publicly available, searchable indices of the Site, but not caches or archives of such materials. Pop Up Tee reserves the right to revoke these exceptions in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) from the Site including, but not limited to, the names and contact information of other users. Additionally, you agree not to use the communication systems provided by the Site for any commercial purposes.
Access to any Third Party Sites is at your own risk and Pop Up Tee incurs no liability arising out of or related to such Third Party Sites or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on any such content, goods, or services available on or through any such Third Party Site. Pop Up Tee has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Third Party Sites that appear on the Site. By using the Site, you specifically release Pop Up Tee from any and all liability arising from your use of any Third Party Site.
- Intellectual Property Rights
All content on the Site, including without limitation, the text, graphics, and photos created by and for Pop Up Tee, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Pop Up Tee, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only. The Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Pop Up Tee or as expressly provided herein. Pop Up Tee reserves all rights not expressly granted in and to the Site and the Content contained therein.
You agree not to use, copy, or distribute any of the Content displayed on the Site other than expressly permitted herein, including any of Submissions (as defined below) displayed on the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
- Comments & User Submissions; Artist Agreement
Due to the interactive nature of third-party postings on the Site, Pop Up Tee does not assume responsibility for any of the materials posted by users. The comments posted by Pop Up Tee users, and any material provided to the Site by users within their comments (collectively “User Submissions”) are not endorsed by Pop Up Tee, and Pop Up Tee makes no guarantee regarding the reliability or accuracy of any User Submission. It is solely your responsibility to evaluate all User Submissions and you alone bear all risks related to the use of any User Submission, including any reliance on their accuracy, completeness, or usefulness. User Submissions posted to the Site are the sole responsibility of the person who originally posted such submissions, and your sole recourse for any damage you may suffer as a result of User Submissions shall be against the individual who posted the material. Pop Up Tee does not guarantee any confidentiality with respect to any User Submission.
Pop Up Tee expressly disclaims any and all liability in connection with User Submissions. Pop Up Tee reserves the right but not the obligation to monitor and edit or remove Content and User Submissions in its sole discretion and without prior notice for any or no reason. Pop Up Tee also reserves the right to terminate a user's access to the Site at any time, in its sole discretion, and without prior notice.
If you are submitting a design idea to Pop Up Tee to be considered for printing and sale by Pop Up Tee, in addition to these Terms, you also must review and agree to the Pop Up Tee Artist Agreement posted on this Site.
- Copyright Infringement
Pop Up Tee respects the intellectual property of others, and asks users of the Site to do the same. When using and interacting with Pop Up Tee and the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining the copyright holder’s prior written consent. This specifically includes the submission of a design. Pop Up Tee reserves the right, in its discretion, to remove any User Submission it believes may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Site in a way that constitutes infringement of your copyrights, you must send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Pop Up Tee
30771 Milford Rd., New Hudson, MI 48165
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is an infringement may be subject to liability.
- Warranty Disclaimer
- Limitation of Liability
IN NO EVENT SHALL POP UP TEE, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF POP UP TEE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT POP UP TEE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Pop Up Tee from its facilities in the United States of America. Pop Up Tee makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Choice of Law and Venue
These Terms are to be interpreted under the laws of the State of Michigan. Oakland County, Michigan is the venue for the adjudication of any dispute arising out of these Terms, whether brought at law, at equity, or in arbitration.
Any dispute arising out of or relating to these Terms, or breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Rules, and the judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in Oakland County, Michigan, in accordance with the United States Arbitration Act. There shall be three (3) arbitrators named in accordance with such rules. The award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based. The arbitrators shall decide the dispute in accordance with the substantive laws of the State of Michigan. You agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings; however, nothing in these Terms shall preclude or waive Pop Up Tee’s rights to seek any equitable remedies as interim relief afforded to it under the laws of the State of Michigan including, without limitation, seeking a Temporary Restraining Order or a Preliminary Injunction. All matters relating to the arbitration of any disputes arising out of or relating to these Terms, or breach there of, shall be confidential. The arbitrators shall be empowered to award reasonable attorneys’ fees, costs, and expenses upon issuance of their award.
- Additional Terms
- Limitations on Actions: You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Paragraph Headings: The paragraph headings in these Terms are included to help make these terms easier to read and have no binding effect.
- Termination or Cancellation; Survival
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site. Pop Up Tee may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 17b (“Severance”) with respect to removal or modification of Content previously posted on the Site.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Pop Up Tee and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services, and events. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New Hudson, Michigan before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Pop Up Tee’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.