Terms & Conditions

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at Eclipse Pop Support.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

In General

Eclipse Pop, LLC (“Eclipse Pop,” “www.eclipsepop.com,” “we,” “us,” the “company”) owns and operate this Website.  This document governs your relationship with www.eclipsepop.com(“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by us.  The company has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.eclipsepop.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.eclipsepop.com.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at PrivacyPolicy. By using this Website, you consent to the policies described therein and warrant that all data provided by you is accurate

License to use Website

The intellectual property rights on all materials, software and content (including photographic images) made available to you on or through this Website remain the property of Eclipse Pop or its licensors and are protected by copyright laws and treaties around the world, unless otherwise stated.  All these intellectual property rights are reserved.

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the Website;
  • redistribute material from this Website - except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this Website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of www.eclipsepop.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without the company's express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • 'framing' (iframes)
  • Article 'Spinning'

You must not use this website or any part of it to transmit or send unsolicited commercial communications.  Breaching this provision would constitute a criminal offense and Eclipse Pop will report any such breach to the relevant law enforcement authorities and disclose your identity to them

You must not use this website for any purposes related to marketing without the express written consent of the company.

Terms of Sale

 

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

 

The company retains the right to refuse any request made by you. If your order is accepted we will inform you by email.  When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or payment account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes.

 

(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

 

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

 

(c) Payment 

Upon receiving your order we carry out a standard authorization check on your payment method to ensure there are sufficient funds to fulfil the transaction. You will be debited upon authorization being received. The monies received shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Restricted access

Access to certain areas of this website is restricted. We reserve the right to restrict access to certain areas of this website, or at our discretion, this entire website. We may change or modify this policy without notice.

If www.eclipsepop.com provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

We may disable your user ID and password at the company's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

You grant to www.eclipsepop.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the company the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Eclipse Pop or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The company reserves the right to edit or remove any material submitted to this Website, or stored on the servers of www.eclipsepop.com, or hosted or published upon this Website.

Eclipse Pop's rights under these terms and conditions in relation to user content, www.eclipsepop.com does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

Limitations of liability

Eclipse Pop will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the company has been expressly advised of the potential loss.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit the liability of Eclipse Pop in respect of any:

  • fraud or fraudulent misrepresentation on the part of the company; or
  • matter which it would be illegal or unlawful for the company to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this Website.

Other parties

You accept that, as a limited liability entity, Eclipse Pop has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the company’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect http://www.eclipsepop.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as http://www.eclipsepop.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify http://www.eclipsepop.com and undertake to keep http://www.eclipsepop.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by http://www.eclipsepop.com to a third party in settlement of a claim or dispute on the advice of http://www.eclipsepop.com's legal advisers) incurred or suffered by http://www.eclipsepop.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to http://www.eclipsepop.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, http://www.eclipsepop.com may take such action as http://www.eclipsepop.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

http://www.eclipsepop.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

http://www.eclipsepop.com may transfer, sub-contract or otherwise deal with http://www.eclipsepop.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with http://www.eclipsepop.com's Privacy Policy constitute the entire agreement between you and http://www.eclipsepop.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

http://www.eclipsepop.com's details

The full name of http://www.eclipsepop.com is Eclipse Pop LLC.

You can contact http://www.eclipsepop.com by email at our email address link at the top of this Terms and Conditions document.

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