Must Have Terms of Sale
Effective January 19, 2015
POPSUGAR Inc., its subsidiaries and affiliates ("POPSUGAR," "we," "us," "our") owns and operates the POPSUGAR Must Have Services (as defined below).
YOUR ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
POPSUGAR reserves the right, in its sole discretion, to modify the Must Have Terms at any time by posting a notice on the POPSUGAR website at http://musthaveblog.popsugar.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of these Terms of Sale as modified.
SERVICES AND PRODUCTS
The term "Services" shall include, without limitation, use of the POPSUGAR Must Have website, purchase of a Box and/or Subscription (each as defined below), including the goods and/or services included therein (each, a "Product") and any additional goods or services POPSUGAR performs for you via the POPSUGAR Must Have Services.
POPSUGAR may change, suspend or discontinue the Services at any time. POPSUGAR may also impose limits on certain features and services or restrict your access to parts or all of the Services.
CERTAIN CONDITIONS OF SALE
✪ Subscription. Through the "Must Have" program, you may purchase a subscription to receive monthly shipments of curated items and/or single purchase premium edition offerings POPSUGAR may provide from time to time (each, a "Box"). In addition, POPSUGAR may offer certain premium edition offerings, which include Special Edition and Gift Collection Boxes that are available for stand-alone purchase. The various subscription types available (each, a "Subscription"), and the pricing for each, are described here: http://musthaveblog.popsugar.com/about. Subscriptions are available in a variety of lengths (each, a "Subscription Term"). Your subscription will begin depending on which Box is available for sale at the time of your initial order. For example, in the month of January, either the January Box or February Box will be available for purchase. If you purchase the current month's Box, your subscription will begin in that current month and your first Box will ship within five (5) to ten (10) business days from your initial purchase. Every subsequent month, your Box will ship by the fifteenth (15th) day of each calendar month. Alternatively, if you purchase a February Box during the month of January, your subscription will begin the month of February, and your first Box will ship by the fifteenth (15th) day of February. After your initial order, POPSUGAR expects to ship Boxes prior to or on the 15th of each calendar month, or the following business day if the projected shipment date is a holiday. If you have chosen a monthly recurring Subscription type ("Month-to-Month Subscription"), for your first month POPSUGAR will charge you the relevant monthly Subscription fee at time of sign-up. For each subsequent month, you will be charged when your order is shipped. If you have chosen a Subscription of longer than one month ("Long-term Subscription"), the fee for the entire Subscription Term will be charged to you upon the sign-up of your Long-term Subscription. Subscription Term length cannot be changed until the Subscription Term is up for renewal in accordance with "Renewal" section below.
✪ Accurate Information. POPSUGAR will charge the relevant fees for your chosen Subscription(s) to the credit card that you provide to us. Any updates to your account (i.e. shipping and billing information) must be made prior to the twenty-third (23rd) date of each calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or POPSUGAR is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem; failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery. If you believe you have purchased a Subscription in error, please contact us immediately at firstname.lastname@example.org.
✪ Pricing. POPSUGAR reserves the right to change the prices and available Subscriptions at any time, upon notice to you, provided that any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term. For avoidance of doubt, the Subscription Term of a Month-to-Month Subscription is one (1) month. Prices displayed on the Services are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
✪ Renewal; Cancellation. At the end of a Subscription Term, your Subscription will automatically renew for additional one-month Subscription Term(s), unless you log in to your Must Have account and cancel your Subscription at any time prior to the twenty-third (23rd) day of the month. For example, should you log in to cancel your Subscription on January 23rd, you will not incur any charges for the month of February, thereby ending your then-current Subscription Term ("Notice Period"). Notwithstanding anything else to the contrary, if you have purchased a Long-Term Subscription as a gift and have designated it as such as allowed by our payment process (a "Gift Subscription"), such Gift Subscription will automatically terminate at the end of its initial Subscription Term.
POPSUGAR may limit quantities of or cancel Subscriptions purchased, and we reserve the right to refuse any order. In the event POPSUGAR needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
✪ No Returns; Damaged Product. The contents of each Box are curated by the trendsetters at POPSUGAR. We do not allow returns or substitutions of anything in your Box. If you receive a Box with damaged or incomplete contents, please contact us at email@example.com within three (3) weeks following shipment of your Box. If you receive a Box with damaged contents you will need to include photographic evidence documenting the damaged product in order to receive a replacement product. Should POPSUGAR decide to honor a return as determined in its sole discretion, the amount you paid for your preferred shipping method will be deducted from your refund amount. All refunds are issued in the original form of payment for all purchases. Boxes are shipped by a third party carrier. As a result, title and risk of loss for a Box will pass to you upon our delivery to the carrier.
✪ Disclaimer of Warranties. Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While POPSUGAR makes reasonable efforts to ensure that the information on the Must Have website and/or contained in your Box is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Must Have website and/or contained in your Box. POPSUGAR makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, POPSUGAR disclaims any responsibility in connection with your use of the contents contained in each Box, any and all such use shall be at your own risk.
✪ Promotional Codes. POPSUGAR may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotion codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotion codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Promotion codes cannot be applied to certain Must Have premium edition offerings such as Must Have Special Edition and Gift Collection offerings that POPSUGAR may provide from time to time in its sole discretion. Lost promotion codes cannot be replaced. Limit one promotion code per customer and only applicable to customer's first transaction. Such promotion codes will not be applied to subsequent automatically renewed transactions. Promotion codes are void where prohibited. Any promotional program may be terminated or modified by POPSUGAR at any time in its sole discretion.
WAIT LIST PROGRAM TERMS
During the sign-up process for a Must Have Subscription you might receive the unfortunate news that Boxes for the next month, or the next few months are already sold out. As a result, we have created the Must Have Wait List Program. By electing to participate in the Must Have Wait List Program you will be eligible for the chance to receive a Box for an earlier month. For example, if you sign-up for a Subscription in November and learn that the next available month's Box is not until February, you may put your name on a Wait List to receive the earlier of a November, December or January Box should one become available. If you do move from the Must Have Wait List and become an active customer, your purchased Subscription will commence at that time.
By electing to participate in the Must Have Wait List Program you understand and accept that putting your name on a Must Have Wait List does not guarantee that you will receive a Box for an earlier month. A Must Have Wait List may remain active for any length of time and may be closed by POPSUGAR at any time with or without advance notification to participants. POPSUGAR makes no representation whatsoever that a Box for any given month may become available. Must Have Wait List orders will be fulfilled automatically to the extent inventory should become available. POPSUGAR will alert you by email of the fulfillment of a Box for an earlier month and your account information will be updated to reflect the earlier month's Box as your first shipment. By placing your name on a Must Have Wait List, participants agree that POPSUGAR may fulfill the order and charge the credit card on file at the time of Subscription sign-up, regardless of which month's Box the participant ultimately receives for his or her first month. However, at no time will the month of the first Box that you receive be later than the one posted on the Subscription order page at the time of sign-up.
POPSUGAR may provide you referral credits ("Referral Credits") when you invite your friends to sign-up for certain types of POPSUGAR accounts ("Credit-Eligible Accounts", which shall not include one-month Gift Subscriptions). Referral Credits may be awarded to you when your friends join and make their first purchases of a Subscription. Referral Credits are granted in POPSUGAR's sole discretion. In order for you to be eligible to receive Referral Credits for friends creating new Credit-Eligible Accounts, the new friend must create a Credit-Eligible Account via the unique referral link POPSUGAR provides to you and make a purchase of a Subscription, as applicable. You will not share your unique referral link in any public forum or with third parties you do not know (including without limitation, on any coupon site). Referral Credits are loyalty or promotional discounts or credits offered by POPSUGAR, and do not constitute an account, a payment instrument or other property owned by any POPSUGAR user. You may only use Referral Credits in connection with a qualifying Subscription (as that term is defined in the Terms of Sale applicable) purchase from POPSUGAR on a Credit-Eligible Account. In connection with any Must Have premium editions that POPSUGAR may offer from time to time, you are eligible to earn referral credits, but will not be able to apply such credits toward purchase of a Must Have premium edition. POPSUGAR reserves the right to revoke your Referral Credits if it determines that you have engaged in fraudulent referral activity (e.g. inviting fake people to create Credit-Eligible Accounts) or otherwise violated the Agreement, or if POPSUGAR terminates your membership. You must have an active account in order to receive any Boxes received with Referral Credits ("Referral Bonus Box(es)"). Referral Credits are not available for premium edition boxes, including but not limited to Must Have Special Edition Box(es) or Gift Collection Box(es), and a maximum of six (6) Referral Bonus Boxes may be redeemed per customer. Referral Credits are not transferable or sellable, are not gift cards, have no cash value, are not cash equivalents, and cannot be redeemed for cash or cash equivalents. You may not sell, give, or otherwise transfer your Referral Credits to any other account, individual or POPSUGAR user. POPSUGAR reserves the right at any time without notice to you to change the terms applicable to the Referral Credits, including expiration period and/or your ability to redeem existing Referral Credits.
MUST HAVE SWEEPSTAKES
POPSUGAR may, from time to time in its sole discretion, elect to conduct a drawing to randomly select potential prize winners who will be eligible to receive a special prize to be included in a Box prior to shipment (a "Must Have Sweepstakes"). NO PURCHASE IS NECESSARY TO ENTER OR WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF MUST HAVE SUBSCRIBERS. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. AFFIDAVIT OR DECLARATION OF ELIGIBILITY AND RELEASE OF LIABILITY FORMS MAY BE REQUIRED. Only Must Have Subscription holders who are at least eighteen (18) years of age and who are permanent, legal residents that reside in one of the fifty (50) states of the United States of America or the District of Columbia. Any Must Have Subscription holders who are employees of POPSUGAR are ineligible to receive a prize. Notwithstanding the foregoing, you do not have to be a Must Have Subscription holder to be eligible to receive a prize. On a plain 3" x 5" index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address (if any) and mail your completed 3" x 5" card to: "POPSUGAR Inc. Must Have Prize Sweepstakes" POPSUGAR Inc., 111 Sutter Street, 14th floor, San Francisco, CA 94104 (the "Alternative Method of Entry"). You need only send in one card to be eligible for any Must Have Sweepstakes. Regardless of method of entry, there is a limit of one (1) entry per person. Prior to shipment of the Boxes for a given month, POPSUGAR will conduct a drawing to select the potential prize winners who shall be randomly selected from all Must Have Subscription holders and entries from the Alternative Method of Entry. All winners of a prize shall be responsible and liable for all federal, state and local taxes on the value of their prize. The decisions of POPSUGAR are final and binding in all matters relating to any Must Have Sweepstakes. POPSUGAR reserves the right, in its sole discretion and without notice, to suspend or cancel any Must Have Sweepstakes.
Should you have any questions regarding these Must Have Terms you may contact us at ATTN: POPSUGAR Inc. 111 Sutter Street, 14th floor, San Francisco, California, 94104 or by email at firstname.lastname@example.org.