Terms of service

OVERVIEW
Welcome to Up Your Pop! The terms “we,” “us,” and “our” refer to Up Your Pop. Up Your Pop operates this store and website, including all information, content, features, tools, products, and related services, to provide you, as a customer, with a personalized shopping experience (the “Services”). Up Your Pop uses the Shopify platform, which enables us to provide you with the Services.
The terms and conditions below, along with the policies referenced herein (the “Terms of Use” or “TOU”), describe your rights and responsibilities when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you have reached the age of legal majority in your state or province of residence and you give us your consent to allow your minor children to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores or to purchase any
of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our online stores is accurate, current, and complete, and that you have all necessary rights to disclose such information.
You are solely responsible for the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

ARTICLE 2 - OUR PRODUCTS
We have made every effort to accurately present our products and services in our online stores. Please note, however, that the colors or appearance of the products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or be identical to what is presented or rendered in our online stores.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Up Your Pop reserves the right to accept or decline your order, for any reason, at its discretion. Your order is considered accepted only after written confirmation from Up Your Pop. We must receive and process your payment before your order is finalized. Please review your order carefully before submitting it, as Up Your Pop may not be able to accept cancellation requests once the order has been confirmed. In the event of a refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of ordering.
Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy [[LINK]].
You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, the prices displayed do not include taxes, shipping costs, handling fees, customs duties, or import fees.
Prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and their expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that: (i) your credit card information is accurate, correct, and complete, (ii) you are authorized to use this card for the purchase, (iii) the charges incurred will be honored by your card issuer, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling fees, as well as all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delays in delivery or shipping. All delivery times indicated are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs formalities, or any event beyond our control. Once the products are handed over to the carrier, ownership and the risk of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Up Your Pop, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms authorize you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing herein shall be construed as granting you any license or other right to any patent, trademark, copyright, or other intellectual property of Up Your Pop, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Up Your Pop.
Up Your Pop’s names, logos, product and service names, designs, and slogans are registered trademarks of Up Your Pop, its affiliates, or its licensors. You may not use them without Up Your Pop’s prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

 ARTICLE 7 - OPTIONAL TOOLS
You may use third-party client tools provided as part of the Services; we do not monitor these tools and have no control over them or ability to contribute to them.
You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranty, representation, or condition of any kind, and without our endorsement. We disclaim any liability arising from or related to your use of optional third-party tools.
Your use of the optional tools offered on the site is at your sole discretion and under your sole responsibility. It is your responsibility to ensure that you understand and accept the terms applicable to these tools, as defined by the relevant third-party provider(s).
We may also, in the future, introduce new features via the Services (including the provision of new tools and resources). These new features will be considered an integral part of the Services and will be subject to these Terms of Use.

ARTICLE 8 - LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We assume no liability for any loss or damage arising from your access to third-party websites, or from the purchase or use of any products, services, resources, or content on such websites. We encourage you to carefully review the policies and practices of third parties and ensure you understand them before engaging in any transactions. Claims, complaints, concerns, or questions regarding third-party products and services must be directed to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]
Up Your Pop is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase made in our Store is made directly with Up Your Pop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Up Your Pop, including any damage, harm, or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transaction with Up Your Pop.
 

SECTION 10 - PRIVACY POLICY
Any personal information we collect via the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the country in which you reside, in order to provide the Services to you. See our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, opinions, proposals, plans, or any other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be under any obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; (3) to respond to your Feedback.
We may, but are not obligated to, monitor, modify, or remove any Feedback that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes upon the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not infringe upon any third-party rights, including copyrights, trademarks, data protection rights, personality rights, or other personal or property rights. You further agree that your Feedback will not contain any defamatory, illegal, abusive, or obscene content, nor any computer viruses or malware that could affect the operation of the Services or any related website. You are prohibited from using a falsified email address, impersonating another person, or misleading us or third parties regarding the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and shall not be held responsible for Feedback published by you or by a third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain information containing typographical errors, inaccuracies or omissions, in particular concerning product descriptions, prices, promotions, offers, delivery costs, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders in the event of inaccurate information at any time without notice (including after your order has been submitted).

ARTICLE 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly : (a) for unlawful or malicious purposes ; (b) in breach of any regulation, rule, international, federal, provincial, state or local law ; (c) in such a way as to infringe the intellectual property rights of Up Your Pop, Shopify or third parties ; (d) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate or harm one of our employees or any other person  (e) to transmit false or misleading information  (f) to send, knowingly receive, download, use or re-use any content that does not comply with these Terms (g) to send or cause to be sent any advertising or promotional material, including "spam", "chain letters", "junk mail" or any other similar solicitation; (h) to impersonate any person or entity, or attempt to do so (i) to engage in any conduct that is likely to restrict or inhibit the use or enjoyment of the Services by others, or which, in our judgement, could harm Up Your Pop, Shopify, users of the Services or expose them to any liability whatsoever.

In addition, you undertake not to: (a) upload or transmit viruses or any other malicious code that may affect the functioning or operation of the Services ; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services ; (c) collect or track the personal information of others ; (d) engage in spamming, phishing, pharming or pretexting practices via the Services ; (e) use robots, spiders, scraping, data gathering or extraction tools, automated devices, AI tools (including agentic AI) or any automated or manual means to access the Services; (f) interfere with, circumvent or defeat any security or authorization features, robot exclusion headers or any other measures we put in place to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.

SECTION 14 - AGENTS
14.1 This section (" Agent Terms ") applies if you use, authorise, activate or cause the deployment of an Agent to access, use or interact with the Services. Agent" means any software or service which acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity and which may be executed on a device owned or used by a person without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates strictly in accordance with the conditions set out in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have instructed that Agent to refrain from accessing, using or interacting with any service.
14.3 We may restrict, including by technical measures, whether and how an Agent may access, use and interact with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the name of the Agent by including the following statement in the user agent string : " Agent/[agent name] " ; (ii) not disguise or mask the fact that access, use or interactions originate from an Agent, including by (a) mimicking human behaviour or interaction patterns, or (b) bypassing or supplementing CAPTCHAs or measures designed to distinguish between computer and human use (iv) not circumvent or avoid any measures intended to block, limit, modify or control access to, use of or interaction with the Services by Agents.

 SECTION 15 - TERMINATION
We reserve the right to terminate this Agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Law, Privacy Policy and any other provision which by its nature is intended to survive termination.

ARTICLE 16 - EXCLUSION OF WARRANTIES
The information presented on or via the Services is provided for information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all responsibility and liability for any consequences arising from the use of this information by you, any other visitor to the Services or any person informed of its content.
EXCEPT AS SPECIFIED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED BY THEIR INTERMEDIARY ARE PROVIDED "AS IS" AND "AS AVAILABLE". AND " AS AVAILABLE " FOR YOUR USE, WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSEES, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES OR CLAIMS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, FAULT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Up Your Pop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from and against any loss, damage, liability or claim, including reasonable attorneys' fees, due to any third party arising out of (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will give you notice of any claim covered by this warranty, provided that failure to give prompt notice shall not relieve you of your obligations unless you suffer substantial damage as a result. We may defend and settle any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-pecuniary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defence of claims covered by this warranty, including by providing relevant documentation.

ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use. Such determination shall not affect the validity or enforceability of the remaining provisions.

ARTICLE 20 - WAIVER; INTEGRAL AGREEMENT
Failure to exercise or require the exercise of any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or rules of use published by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use will not be construed against the drafting party.

 SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any unauthorised attempted assignment will be deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your prior consent or notice.

ARTICLE 22 - APPLICABLE LAW
These Terms of Use, as well as any separate agreement by which we provide you with the Services, shall be governed by and construed in accordance with federal laws and the laws of the states or territories of the courts having jurisdiction in the jurisdiction where Up Your Pop has its registered office. You and Up Your Pop expressly consent to the territorial and personal jurisdiction of these courts.

ARTICLE 23 - HEADINGS
The headings used in this agreement are inserted for convenience and shall not affect or limit the interpretation of these Terms.

ARTICLE 24 - MODIFICATION OF THE TERMS OF SERVICE
You may consult the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to check our website periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of changes to these Terms will constitute your acceptance of those changes.

ARTICLE 25 - CONTACT DETAILS
If you have any questions about these Terms of Use, please contact us at the following address: info@upyourpop.com.
Our contact details are given below :
UpYourPop 
info@upyourpop.com