Terms of Service

Effective: March 28, 2022

Last Updated: February 04, 2023

Overview

This website is operated by Magic Pop Mic (magicpopmic.com) website ("Site"). Throughout the site, the terms “we”, “us” and “our” refer to Magic Pop Mic. 

The following are the terms of use that govern use of the Site ("Terms of Use"). By using the Site you are deemed to have read and agreed to comply with these Terms of Use and the magicpopmic.com privacy policy.

Acceptance

By using the Site, you signify your acceptance to the terms of this Agreement. This Agreement constitutes the entire agreement between you and Magic Pop Mic with respect to your use of the Site. Any new features, tools, modifications, or updates which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Magic Pop Mic, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

TO THE EXTENT PERMITTED BY LAW MAGIC POP MIC MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

MAGIC POP MIC SHALL NOT BE LIABLE FOR LOSS, LIABILITY, CLAIM, INJURY, OR ANY KIND OF DAMAGE, RESULTING IN ANY WAY FROM

(a) THE USE OF THE PRODUCT(S) OFFERED ON THE SITE

(b) THE USE OF OR INABILITY TO USE THE SITE

(c) THE CONTENT CONTAINED ON THE SITE

EVEN IF MAGIC POP MIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF MAGIC POP MIC WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

APPLICABLE LAW

This Agreement shall be treated as though it were executed and performed in Sacramento, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Sacramento County, California. 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Magic Pop Mic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms & Condition is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - 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 Magic Pop Mic 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.

SECTION 21 - TRADEMARKS

All brand names and products mentioned herein are either registered trademarks or trademarks of their respective owners and are hereby recognized as such. 

SECTION 22 - WARRANTY DISCLAIMER

Products sold by Magic Pop Mic are covered by 30 day warranty replacement directly through Magic Pop Mic. Magic Pop Mic will exchange products that will become defective due to normal wear and tear during normal and appropriate application of the product. Shipping expense during the warranty transactions will not be covered by Magic Pop Mic. If the product is no longer available, Magic Pop Mic will replace the product for one of the same size, free of charge (excluding the shipping charges). Magic Pop Mic reserves the right to deny any replacement of the products, including but not limited to the following reasons: loss of product, physical damage that was not caused by wear and tear, misuse of products, and fraudulent returns of products not sold to Customer by Magic Pop Mic. Physical damage must be reported within 7 business days of the receipt of products in case for Magic Pop Mic to make a claim and exchange the products.

SECTION 23 - RETURN AND EXCHANGE POLICY 

Magic Pop Micl has the right to reject damaged goods and decline any return. All items sent for a return must have a proper Return Merchandise Authorization (RMA) form accompanying the shipment. If the RMA form is missing Magic Pop Mic reserves the right to decline a return. Refunds, exchanges and store credits are processed only after an issued RMA form is received, the purchased items are received and the customer specifies what type of return he/she would like to process. Refunds are judged based on receipt of the item and not when shipped out. All returns for credit must be in original condition, include original packing material, manuals and all other accessories provided upon original delivery. 30 Day Money Back Guarantee starts on the date of the purchase and is valid for 30 Calendar Days, which include: weekends and holidays. If the merchandise is returned after the 30 Day Money Back Guarantee than a Store Credit is issued. Store Credit will be issued for the current value of the merchandise (If product was purchased for $59.59, and at the time of return price drops to $49.95 a Store Credit will be issued for $49.95). Magic Pop Mic will send, via email, a free return USPS label upon customer return request. Return cost will only be refunded via return label, a financial refund for return shipping will not be issued.(initial shipping charges are not refundable). All expenses incurred by the customer for shipping the item without the agreement from Magic Pop Mic will not be reimbursed. (For International orders and orders outside of Continental United States, Magic Pop Mic will cover up to $4.95 USD for shipping charges). A replacement ships within 5-7 days of us receiving your defective return. Expedited replacement is available. Original Shipping and Handling is non-refundable.

SECTION 24 - PRODUCT PRICE CHANGES

In the event of a price reduction of an item recently ordered, Magic Pop Mic will only credit a difference to an order if the order is in the process phase. Any price reduction will not be refunded if the order has been shipped.

SECTION 25 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Magic Pop Mic, 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.

SECTION 26 - TYPOGRAPHICAL ERRORS

In the event that a Magic Pop Mic product is mistakenly listed at an incorrect price, Magic Pop Mic reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Magic Pop Mic 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 cancelled, Magic Pop Mic will issue a full credit back to your credit card account in the amount of the incorrect price. Prices and specifications are subject to change without notice.

SECTION 27 - TERM; TERMINATION

These Terms & 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 Magic Pop Mic 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.

SECTION 28 - NOTICE

Magic Pop Mic 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 Magic Pop Mic.

SECTION 29 - MISCELLANEOUS

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 Magic Pop Mic products) shall be in the state or federal courts located in California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Magic Pop Mic products) must be commenced within one (1) year after the claim or cause of action arises. Magic Pop Mic 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. Magic Pop Mic may assign its rights and duties under this Agreement to any party at any time without notice to you. An accompanying Commercial Invoice, required by U.S. Customs will show a "Declared" Value that may not be equal to the actual value of the items.

SECTION 30 - PARTICIPATION DISCLAIMER

Magic Pop Mic does not and cannot review all communications and materials posted to or created by users accessing the site, and are 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, Magic Pop Mic 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, Magic Pop Mic 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 Magic Pop Mic in its sole discretion.

SECTION 31 - CANCELLATION POLICY

Orders must be cancelled via email and a confirmation by one of Magic Pop Mic representatives within the same business day before 6pm PST. Refused shipments may be subject to a 25% restocking fee.

SECTION 32 - PURCHASE AGREEMENT AND PAYMENTS

All Credit Card transactions will be processed on the same date of the order.  This capture of payment will be more than 1 business day in advance of shipment.  By accepting delivery of any product sold from Magic Pop Mic you ("Customer") agree to be bound by the terms and conditions listed. You and Magic Pop Mic agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Magic Pop Mic. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Magic Pop Mic.

SECTION 33 - SALES TAX

Sales tax is only required for orders shipping into California. Therefore all orders shipping into California will be charged applicable sales tax according to current tax rate. Please note that the sales tax for California orders is calculated based upon the total price of the order, and include shipping and handling. The tax imposed by the state on shipping and handling is part of the state sales tax, not a separate tax.

SECTION 34 - CONTRACT AGREEMENT 

These terms and conditions, together with an Magic Pop Mic invoice regarding the products ordered by the Customer, are the complete and exclusive agreement between Magic Pop Mic and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Magic Pop Micl and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

SECTION 35 - PRIVACY

Magic Pop Mic respects and values your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our website will be used for processing purposes only. The only e-mails you will receive from Magic Pop Mic are: 

• Transactional: updates to status of orders and returns
• Promotional: updates about discounts, new products, new artists, etc.
• Informational: updates about Magic Pop Mic

SECTION 36 - COPYRIGHT

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 Magic Pop Mic. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Magic Pop Mic. You may display and, subject to any expressly stated restrictions or limitations relating to specific materials, download or print portions of the materials from the different areas of the site solely for your own non-commercial use, or to place an order with Magic Pop Mic. Any other use, including but not limited to the copy/pasting, reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Magic Pop Mic. You further agree not to change or delete any proprietary notices from materials downloaded from the Magic Pop Mic. 

Disclaimer: The content used on our store or social media, including resources, images, videos, clips, text, and other materials, are sourced from the internet to generate sales. We do not claim ownership or authorship of any of the materials used. We acknowledge and respect the intellectual property rights of their respective owners. If any owner of such content feels that their copyright has been infringed upon, they may contact us to request removal of the content, and we will act upon such requests promptly. We are not liable for any legal consequences arising from the use of such content on our store.

Consumer Alert

 

CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at contact@magicpopmic.com.