Shop Policies

Updated 2/21/19

INTRODUCTION

Shop Pop as operated by Shop Pop, LLC is an online business that designs and offers marketing products for use by entrepreneurs. You must be at least 16 years old to use our site. 

All of Shop Pop's products are available for download directly from Shop Pop's website for paying customers. Shop Pop and Licensee agree that Shop Pop will provide its services to Licensee in accordance with this Agreement upon the date this Agreement becomes effective. 

I. DEFINITIONS

Content Files - as used in this Agreement, content files(s) includes any graphic design, template, email element, branding image, digital resource, digital class, or class material that is created by Shop Pop and that is available for licensing or present on Shop Pop’s website.

II. SERVICES

A. Licensing of Content Files - Shop Pop will permit Licensee to license its content files. Licensee may license Shop Pop’s content files by paying for them individually.

B. Necessary Software - Please read the product descriptions carefully for what software, if any, is necessary to edit the content file. Shop Pop does not, will not and has no obligation to design its content file to work on any certain platform. It is your responsibility to read the product description and specs, and agree that you have the necessary software to use a content file before you finalize your purchase. 

C. Image Usage - All images in our content files are owned or legally licensed by  Shop Pop. You can not use our images in your own materials, they are placeholders for your own brand images. Claiming these images as your own would be in violation of said copyrights.

D. Copywriting Usage - Any text included in our templates is yours to use.  

III. LICENSING

This Agreement gives Licensee the right to use Shop Pop's content files as established below: 

A.  Downloading: Licensee may download a content file from Shop Pop’s website up to three (3) times at one (1) IP address.

B. Permitted Uses - Unless the documentation or specific license associated with the content files state otherwise, you may use, display, modify, reproduce, and distribute any of the content files for personal or internal business use as long as you are in accordance with this Agreement.

C. Restrictions on Use - Shop Pop’s content files are licensed, not sold. In signing this Agreement, Licensee receives no title to, ownership of or legal rights to any of Shop Pop’s content files, except those rights expressly granted in Section III(B), above. Licensee agrees that Licensee will not:

  1. Distribute the content files on a stand-alone basis (i.e., in circumstances in which the content files constitute the primary value of the product being distributed), and you must not claim any trademark rights in the content files or derivative works of the content files.
  2. Publish, reproduce, duplicate, derivate, copy, sell, or distribute our content files or even the slightest derivative to any third party, parent company, subsidiary, affiliate, partner, friend, family member, or licensee of Licensee.
  3. Reverse engineer, disassemble, decompile or attempt to derive any source code or base construction of Shop Pop’s product files.
  4. Download and use a template at more than one IP address, unless otherwise agreed to with Shop Pop in writing. 

IV. DELIVERY AND ACCEPTANCE

Once Licensee signs this Agreement by clicking “Agree” at the bottom of this form, Licensee will be entitled to download content files for which Licensee has paid in accordance with Section V, below. By making the content files available for download from its website, Shop Pop satisfies its responsibility to deliver its content files to Licensee. By downloading the content files, Licensee accepts full delivery of the content files by Shop Pop.

V. PAYMENT METHODS

1. Per Content File - Licensee may pay for individual content files or content file bundles. Payment for the content file(s) is due in full at the time of this Agreement.

2. No Refund - Licensee is not entitled to a refund of any kind once the content file has been purchased and downloaded unless otherwise granted by Shop Pop through a stated policy on the product page. 

VI. THIS AGREEMENT

A. Shop Pop reserves the right to change or amend this Agreement.

B. If a court finds any of this Agreement unenforceable, the other provisions will still be valid.

C. Any changes to this Agreement must be made in writing. If we fail to enforce any of these provisions for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement.

VII. WARRANTIES

A. Download - Shop Pop warrants that Licensee will be able to download its content files from Shop Pop’s website.

B. Ownership - Shop Pop warrants that it is the owner of the content files offered for licensing on its website. It has full power and authority to license its content files.

C. Disclaimer - Except as provided in this Agreement, Shop Pop makes no warranties, whether express or implied, of merchantability, usefulness or fitness for a particular purpose of its content files. Shop Pop does not warrant that its content files will function without interruption or in accordance with Licensee’s intentions.

D. Limitation of Liability - Besides as otherwise authorized in this Agreement, Licensee agrees to hold Shop Pop harmless in any cause for damages, negligence, strict liability or tort, even if such damages were foreseeable. Nothing in this Agreement shall create additional liabilities, remedies or causes of action against Shop Pop. Shop Pop shall not be held liable for any claims by third parties against Licensee.

VIII. MISCELLANEOUS

A. Choice of Law - Any claim brought against Shop Pop or Licensee under or pertaining to this Agreement shall be governed by Georgia law.

B. Entire Agreement - This Agreement constitutes the entire Agreement between the Parties. No other communications or prior writings shall have any bearing on the enforceability of this Agreement.

C. Severability - The Parties agree to waive any provision of this Agreement that would render this agreement invalid or unenforceable. If a provision is determined to be invalid, it will be enforced to the extent permissible under the law.

D. Indemnity - Except where Licensee has breached this Agreement, Shop Pop will indemnify Licensee, including any of Licensee’s employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Licensee or the above-mentioned parties, for infringement of a patent, copyright or other intellectual property by one of Shop Pop’s content files, upon prompt notice by Licensee to Shop Pop.

 In such an event, Shop Pop will control the defense of its content files. Licensee agrees to indemnify Shop Pop, its employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Shop Pop for infringement of a patent, copyright, other intellectual property or any other rights of the third party based on any actions of Licensee or based on any material in a customized template that was requested by Licensee.

IX. EFFECTIVE

This Agreement will become effective when Licensee completes checkout in this shop. At that time, Licensee will be obligated to abide by the aforementioned terms and conditions of this Agreement.