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Terms of Use

Table of Content

Last updated: 04/01/2021

Popseekl operates a social media-inspired marketplace which allows independent artists and creatives to independently sell the products of their work via our website www.popseekl.com (the “Platform”).

 

In accordance with the provisions of the Confidence in the Digital Economy Act No. 2004 – 575 of 21 June 2004, we inform you that the Platform is operated by Popseekl SAS (hereinafter “Popseekl”, “we”, “our” or “us”), simplified joint-stock company with a variable share capital of 20 000€, headquartered at 10 Rue Greneta, 75003 – Paris, registered with the Commercial Court of Paris under number 890 141 955, and whose Publication Director is the President of the company Mr. Giovanni Labate.

 

The Platform is hosted by Kinsta.

 

This document defines our Terms of Use, which are a legally binding contract defining your rights and responsibilities when you use our Platform, as well as our obligations. 

By using our Platform (even by just browsing our website), you automatically accept these Terms of Use. As a result, any time you use our Platform, you agree to respect the present Terms of Use, which applies to all Platforms and content available through our Platform.

 

Please take the time to read these conditions carefully. If some of the provisions contained in this document are not clear to you, then please contact us at contact@popseekl.com to discuss what they mean in your specific case.

As mentioned above (see Section “Accepting the Terms of Use”), the simple use of the Platform implies the acceptance of these Terms of Use, independently of whether you have registered with a personal account on the Platform or not.

 

All people accessing the Platform without a registered account are referred to as “Visitors”. In order to access some of the services available on Popseekl (including, but not limited to, purchasing an item and selling an item), you need to create a personal account with a username and a password (your “Account”). All people accessing the Platform with a registered Account, independently of their Account type (see Section “Account” below), are referred to as “Users”.

 

The Platform is available free of charge to any Visitor or User with an Internet connection, except for general expenses that you incur to access the Platform, which remain your sole responsibility (Internet, hardware, etc.). You will not be charged with a set-up fee nor with any recurrent subscription fee when registering an Account on the platform.

By using our Platform, you’re agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Depending on their Account type, Users have access to different capabilities.

 

– When creating an account on the Platform, you will be automatically attributed a Simple User Account (“Simple User”). Simple Users have access to most of the services available on our Platform (including, but not limited to, following other Users, browsing through content, commenting on content, interacting with other Users, purchasing items on sale), except for store management features that are reserved to seller accounts.

 

– In order to be attributed a Seller Account (“Seller”), you must fill out the Seller application form (available on your Account page) and be approved by Popseekl according to the “Seller Agreement provisions.

 

The provisions listed in this section apply to all Users, both Buyers and Sellers. The Seller Agreement contains additional provisions that apply to Sellers.

 

By using our Platform, you warrant to be at least 18 years old. In case you are a minor under 18 and at least 13 years of age, you are only allowed to use our Platform under parental consent. Please be aware of the consequences of making a false statement on this matter.

 

The Platform content is not directed to children under the age of 13, and Popseekl does not collect any information about them nor allow them to register on the Platform. If it comes to our attention that we have unintentionally collected personal information from anyone under the age of 13, we will erase such information as soon as possible.

 

You warrant that all information you provide us is accurate and kept up to date subject to any change. It is prohibited to use false information or impersonate another person or company through your Account.

 

You must ensure that the email address linked to your Account remains active and that you check it regularly.

 

Your right to use Popseekl is personal and you cannot transfer it to another person. Unless you are a business, you must not allow someone else to impersonate you and use your account.

 

Be it for personal or for tax-related reasons, you should autonomously keep track of your activity on Popseekl, including but not limited to the items that you purchase and the messages that you receive. Under no circumstances shall Popseekl be held responsible for keeping track of such activities, and you agree not to rely on the Platform for the purpose of storing your own records.

 

You are the sole responsible for the activity conducted through your Account. If you register as a business, you warrant that you have the authority to agree to our Terms of Use on behalf of such business; otherwise, you will be deemed personally responsible (jointly with the business, if the case may be) for the activity conducted through the Account your registered. 

 

It is of the utmost importance that you keep your Account secure. You are responsible for maintaining the confidentiality of your Account’s credentials. If you think that your Account may have been hacked and/or misused, contact us immediately at support@popseekl.com.

We do not check in advance the content that you share on Popseekl (“Content”), which includes anything that you post or privately send to other Users through our Platform (profile pictures, bios, comments, reviews, messages etc.). Therefore:

– You understand that you are the sole responsible for such Content;

– You confirm that you have the right to post such Content and that you are not infringing someone else’s right by doing so;

You agree not to upload any Content and/or anything in general that is false, misleading, abusive, threatening, defamatory, obscene, vulgar, offensive or otherwise in violation of our Terms of Use.

 

Once your Content is published, we reserve the right to check it and take appropriate measures (refusal, deletion etc.) in case it violates any of the provisions contained in our Terms of Use or it is not in line with the Platform’s spirit. The Content that is taken down of the Platform for the aforementioned reasons might continue to be stored for a limited time window, due to reasons including but not limited to compliance.

 

If you realize that someone is violating your rights by posting Content that belongs to you without your explicit permission or violates our Terms of Use in any other way, please send us an e-mail at contact@popseekl.com. We will review your case and take appropriate action.

Transactions

A transaction (“Transaction”) on Popseekl consists in the transfer of a Sale Product from a Seller to another User (the “Parties”) in exchange for money. The purpose of the Platform is only to facilitate such Transactions, which are contracted directly between the Parties.

 

All Transactions must be carried out within our Platform and you are not permitted to buy/sell Products by making arrangements to bypass the payment methods available on our Platform. By using the Platform, you acknowledge and accept that:

 

– Buying/selling Products in any way other than within our Platform is a breach of these Terms of Use, which can result in, among other things, suspension or termination of your Account (see Section “Termination”);

 

– For the Transactions that are carried out bypassing the payment methods available on our Platform, Popseekl remains entitled to its right under these Terms of Use and the Seller Agreement, including but not limited those listed in the Section “Fees” of the Seller Agreement.

 

In order to buy a Product on Popseekl, you must access the Platform through your Account and add the item of choice to your e-bag (“Bag”), then proceed to the checkout page (“Checkout”). In case you have not completed your profile with all the information needed to complete the purchase, you will be asked to provide such information at Checkout in order to be able to proceed.

 

On the basis of your shipping address, you will be able to see the delivery cost and to review the summary of your order. You are responsible for any mistakes regarding the content of the order and your address, so make sure that all the fields have been accurately filled in.

 

After reviewing the order, you must pay through one of the available payment methods to complete it. Once your order has been successfully paid for, you will receive a notification on your Account email address containing your order details.

Intellectual Property

Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork. However, the Seller retains his/her moral right on the artwork as well as the rights regarding its reproduction.

Payments

You can pay by Credit/Debit Card via Stripe.

Refunds

As we do not take part in the Sale contract between you and your Seller, the Seller is the sole responsible for handling all claims and refund requests.

 

Sellers set out their own Refund Policy to inform customers on the way they handle returns and on the reimbursement procedure. Such policy will apply unless specified otherwise in the Sale Product Listing.

 

In case the Product is not shipped within the timeframe indicated by the Seller’s Shipping Policy, you are entitled to be fully refunded by your Seller and such provision cannot be overridden by the individual Seller’s refund policy.

Force Majeure

In case of a situation of force majeure (Force Majeure), the execution of the Transaction may be suspended or, if the Transaction is completed, it may be cancelled.

 

The Party invoking Force Majeure must immediately inform the other Party, as well as upon its extinction thereof.

 

Popseekl will not be liable for any delay in performing or failure to perform its obligations caused by Force Majeure. In those circumstances, Popseekl will be available at contact@popseekl.com to try to consider a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Use and Popseekl’s other commitments.

You acknowledge and agree that Popseekl only act as a facilitator to the Transactions that you realise on our marketplace. As such, we cannot be considered in any respect a reseller of the Products listed on the Platform. We only act as an intermediary providing (i) the venue for Users to connect and (ii) all the features that we deem relevant to facilitate Transactions (including but not limited to listing, promotion and payments).

 

Thus, Popseekl is not a Party to the contracts stemming from the Transactions, which are concluded directly between the Parties. The Parties are therefore the only ones bound to the obligations arising from such contract. Popseekl is not responsible and shall not be held liable for any such obligations, including but not limited to:

– the accuracy of the Listing;

– the existence, quality, safety or legality of the Product;

– the ability of the Seller to sell (i.e. the right of selling the item, its availability etc.);

– the ability of Buyers to pay for the Product;

– the fulfillment of the Transaction.

 
Any legal claim related to a Transaction must be brought against the other Party. By agreeing to these Terms of Use, you release us from any claims related to such Transactions, including but not limited to claims for unfulfilled Transactions, misrepresentations by Sellers, or Products that caused physical injury.
 
As we are not a party to these contracts, you must contact the other Party for all requests for information, claims and refunds. 
 
To the extent permitted by law Popseekl shall not be liable to you for any claims related to the provision of the Platform, including but not limited to lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Platform or these Terms of Use. Our liability regarding each Transaction is limited to our Fee (as defined and described in Section “Fees” of the Seller Agreement).
 
You acknowledge and agree that the Platform is provided on an “as available” and “as is” basis. We cannot guarantee and we make no commitment that: 
– Our services will be uninterrupted, without delays, error-free. We reserve the right to modify, suspend, or terminate the Platform or any of its services at any time and at our sole discretion;
– The use of the Platform will be secure at all times. We are not responsible and cannot be held liable for any loss or harm caused by viruses or programs designed by others to impair the Platform.
 
Under no circumstances we can be held liable for the effect that such changes, interruptions or security breaches may have on you, including but not limited to your capability to generate revenues through the Platform. We will not offer you compensation for any losses.
 
We reserve the right to change and update the Platform to try to find new ways to provide you with better services. Such changes may imply updating or stop offering any of the features that are part of the Platform and may affect your past and/or future activity on the Platform. Once we will have made such changes, your continued use of the Platform will show that you have accepted them.
 
You can use Popseekl to interact with other Users. You understand that we do not screen Users of the Platform, and you release us from all liabilities relating to such interactions.
 
On Popseekl, you may find links to third-party websites. You understand that we do not screen such links and that the pages you will land on are not part of our Platform. Access to such pages may require accepting the third-party’s terms of use, and Popseekl is not a party to any of those agreements.

You are not allowed to interfere or disrupt the services offered by the Platform, for instance by 

– introducing viruses or distributing any other computer code that may harm the Platform or its Users;

– circumventing the technical measures set up by us to protect or provide the Platform;

– collecting data from the Platform and its Users, other than in accordance with these Terms of Use. In particular, you agree not to crawl, scrape or spider any of the pages of the Platform, not to try to disassemble or reverse engineering it. 

 

You must not use the Platform to cause harm to other Users and other people in general. For instance, you cannot

– submit spam or repetitive messages and/or comments;

– unfairly manipulate the Platform’s feedback system;

– upload any unlawful content, or any other content that may be perceived as offensive, violent, threatening or defamatory;

– upload material containing confidential information regarding a third party without the person’s consent  

 

You are allowed to use all the material making up the Platform (images, text, design, etc.) for the sole purpose of using the Platform. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Platform. Except for what agreed by us in writing expressely and through reference to this Section (Your responsibilities), you cannot use the “Popseekl” name or any of our logos and brand features. You must not copy, edit and/or distribute the Platform’s content without our prior written consent. 

 

In case we get sued because of something that you did, you agree to defend and fully indemnify us. This means that you will hold Popseekl (and any its employees) harmless from any legal claim that arises from your actions, your use of the Service, your breach of our policies or your infringement of someone else’s rights. In order to protect our best interests, we reserve the right of organising our defense as we deem appropriate (even in case you indemnify us) and you agree to cooperate in implementing our defense strategy.

If you find yourself in a dispute with another User, we encourage you to contact the other Party and try to resolve the dispute amicably.

 

In case an amicable solution between you and the other party cannot be reached, please do contact us at contact@popseekl.com and we will try to mediate the dispute.

 

In the event that the dispute would go unresolved, you have the right of recourse with a Consumer Ombudsman, as provided for in article L.611 – 1 and following, as well as R.612 – 1 and following of the Consumer Code.

 

The User will find the list of mediators on the government website dedicated to this purpose: http://www.mediateurfevad.fr

 

If you have a dispute with us relating to the Platform, please contact us in the first instance by writing an e-mail at contact@popseekl.com and attempt to resolve the dispute with us amicably.

You acknowledge and agree that, if your Account (or the Platform itself) is terminated, (i) these Terms will remain in effect, (ii) you will not be able to access your Account and any of its content anymore and (iii) we may delete any of the content/information we recorded about you.

 

You acknowledge that terminating your Account may not affect the availability of some of the content that you posted on the Platform before terminating your account. In case you wish to delete such content after your Account has been terminated, you may contact us at support@popseekl.com .

Termination by you

You may terminate your Account at any time from your Account page. In case you have any outstanding obligations with other Users of the Platform or Popseekl itself, terminating your account does not release you from the obligation of fulfilling them.

Termination by us

Should we have any reason to believe that you have acted in violation of our policies or of any law or regulation in relation to your use of the Platform, we reserve the right to suspend or terminate your Account and your access to the Platform. 

 

Under no circumstances we can be held liable for the effect that such termination may have on you, including but not limited to your capability to generate revenues through the Platform. We will not offer you neither indemnification nor compensation for any losses that you may incur.

We reserve the right to revise these Terms of Use at any time in order to account for any legal, editorial, functional and/or technical evolution required. For instance, changes may occur because of new features being added to the Platform, changes in the law or where we need to clarify our position on something.

 

Any changes will take effect at the time the revised Terms of Use are posted on our Platform and your continued use of the Platform shall constitute acceptance of such revised Terms of Use.

 

The version of the Terms of Use that shall prevail is the one that is accessible online via the Platform on the day you use the Platform available at the address www.popseekl.com/terms-of-use.

These Terms of Use are governed and must be interpreted according to French laws.

 

Any dispute concerning the validity, interpretation or execution of this agreement shall be brought before the Paris Courts. 

 

Popseekl reserves the right to bring action for breach of these Terms of Use against any User before the Court having jurisdiction over the place where such User has its domicile or registered office.

If you need to contact us in relation to these Terms of Use or any other document mentioned in them, please email us at contact@popseekl.com with the subject line ‘Terms of Use’.

 

We value hearing from our users, and are always interested in learning about ways we can improve the Platform. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

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