Quack & Lola Beach Phone Case

Privacy Policy

Visional Pop, Inc. (“we”, “our”, or “us”) values the protection of your personal information and has adopted this Privacy Policy (this “Policy”) to explain how we handle such data and to inform you of your rights regarding your personal information.

This Policy covers the processing of personal information collected via this website. It is subject to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (together, the “CCPA”).

If you are located outside of California, the United States, processing of your personal information is governed by our “International Privacy Policy” attached hereto as the Appendix.

1. Information We Collect

We collect information that identifies, relates to, describes, references, and is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household (the “Personal Information”).

In particular, we will collect and have collected in the last twelve (12) months the following categories of Personal Information:

A. Identifiers (Examples)Your name, address, postal code, telephone number, e-mail address, user ID, account login credentials, cookies and other contact information you provide us in using the Company’s services, etc.
B. Personal Information categories listed in the California Consumer Records statute (Cal. Civ. Code § 1798.80) (Examples)Your name, address, telephone number, credit or debit card number, etc.
C. Protected classification characteristics under California or federal law (Examples)Gender
D. Commercial information (Examples)Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consumption history or tendencies
E. Biometric information (Examples)None
F. Internet or other electronic network activity information (Examples)Usage data (browsing history, search history, etc.)
G. Geolocation data (Examples)None
H. Audio, electronic, visual, thermal, olfactory, or similar information (Examples)None
I. Professional or employment-related information (Examples)None
J. Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) (Examples)None
K. Inferences drawn from any of the information identified in this subdivision to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes (Examples)None
L. Sensitive personal information (Cal. Civ. Code § 1798.140(ae)) (the “Sensitive Personal Information”) (Examples)Credit or debit card number

We obtain your Personal Information directly from you through our interactions with you, including, but not limited to, (i) when you visit our website and (ii) when you provide information through the inquiry form.

Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies you may not be able to use all of the features of our website.

2. Use of Personal Information

We may use your Personal Information for one or more of the following business purposes:

・To deliver the Company’s services to registered members and support their effective use;
・To manage and administer your personal accounts and service registrations;
・To ship products that you have ordered or applied for;
・To handle and complete payment transactions through a third-party payment processor;
・To provide information about the Company’s services and other offerings via direct mail, email, or similar means;
・To carry out surveys and analyses, such as questionnaires, for the purpose of enhancing the Company’s existing services, creating new ones, and maximizing your satisfaction;
・To upgrade or enhance the Company’s services for our website or other online platforms, or to develop new services;
・To retain or obtain the Personal Information when necessary to comply with the Company’s legal obligations;
・To respond to requests from governmental authorities or investigative agencies;
・To appropriately address and manage inquiries received from you; and
・To otherwise conduct the Company’s operations in a smooth and appropriate manner.

3. Disclosure of Personal Information

We have disclosed the Personal Information collected from you to the following recipients in the last twelve (12) months:

・Our group companies;
・Our business partners;
・Online storage service provider, logistics service provider; and
・Cloud service vendor.

4. Sale and Sharing of Personal Information

We have not sold or shared Personal Information collected from you in the last twelve (12) months and we will not sell or share the same in the future.

“Sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating a consumer’s personal information by the business to a third party for monetary or other valuable consideration.

“Share” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating a consumer’s personal information by the business to a third party for cross-context behavioral advertising.

5. Your Rights and Choices

You may be granted certain rights concerning the way we handle your Personal Information. These rights may include the ability to request access to, correction of, or deletion of your Personal Information, to limit the processing of your Personal Information, to request data portability, and to revoke your consent to this Policy. Under certain circumstances provided by law, you may also have the right to object to the processing of your Personal Information.

For residents of California, the CCPA grants specific rights related to Personal Information. The following sections outline those rights and explain the process for exercising them under the CCPA:

(1) Right to Request Disclosure You have the right to request that we disclose certain information to you about our collection, sharing, disclosure or use of your Personal Information. Once we receive and confirm your verifiable request, we will disclose the following information to you:
・The categories of Personal Information we collected about you;
・The categories of sources for the Personal Information we collected about you;
・Our business or commercial purposes for collecting, selling, or sharing such Personal Information;
・The categories of third parties with whom we disclose such Personal Information;
・The categories of Personal Information that we sold or shared, and for each category identified, the categories of third parties to whom we sold or shared such Personal Information;
・The categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of third parties to whom we disclosed such Personal Information; and
・The specific pieces of Personal Information we collected about you.
(2) Right to Request Deletion You have the right to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and notify our service providers and contractors to delete the same) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers and contractors in order to:
・Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide goods or services requested by you, or reasonably anticipated to be requested by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
・Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes;
・Debug products to identify and repair errors that impair existing intended functionality;
・Exercise free speech, ensure the rights of other consumers to exercise their free speech rights, or exercise other rights provided for by law;
・Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
・Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
・Enable solely internal uses that are reasonably aligned with consumer expectations based on the relationship between you and us; or
・Comply with legal obligations.
(3) Right to Request Correction You have the right to request that we correct any of your inaccurate Personal Information that we have collected from you and retained. Once we receive and confirm your verifiable request, we will correct (and notify our service providers and contractors to correct the same), your inaccurate Personal Information. We may deny your request for correction if we determine that the contested Personal Information is more likely than not to be accurate based on the totality of the circumstances.
(4) Right to Opt Out of Sale or Sharing We have not sold or shared Personal Information collected from you in the last twelve (12) months and we will not sell or share the same in the future.
(5) Right to Limit the Use and Disclosure of Sensitive Personal Information We have not collected any Sensitive Personal Information from you in the last twelve (12) months and we will not collect the same in the future.
(6) Non-Discrimination We will not discriminate against California residents for exercising any of their rights under the CCPA. Moreover, unless permitted by the CCPA, we will not:
・Deny you goods or services;
・Charge you different prices or rates for goods or services, including by granting discounts or imposing penalties;
・Provide you with a different level or quality of goods or services;
・Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services; or
・Retaliate against our employees, applicants for employment, or independent contractors.
(7) Exercising Your Rights for a Disclosure Request, Deletion Request or Correction Request, etc. To exercise your rights for a disclosure request, deletion request or correction request, etc. described above, please submit a verifiable request to us by contacting us by using the contact channels set forth in “7. To Contact Us” below.

Only you, a natural person or a person registered with the California Secretary of State that you authorize to act on your behalf, or a person who has a power of attorney or is acting as a conservator for you, may make a verifiable request related to your Personal Information. You may also make a verifiable request on behalf of your minor child.

The verifiable request must:
・Provide sufficient information that allows us to reasonably verify you are the person about whom we collected the Personal Information or his/her authorized representative; and
・Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond thereto.

6. Retention Period

We will retain your Personal Information only for the period necessary to accomplish those purposes for which it was collected. In determining the proper retention period, we take into account factors such as the volume, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure, the objectives for which the Personal Information is processed and whether those objectives can be met by other means, as well as applicable legal obligations.

7. To Contact Us

If you have any questions or comments about this Policy or the ways in which we collect and use your Personal Information, or if you wish to exercise your rights set forth in “5. Your Rights and Choices” above, please contact us at: ・shop@visional.inc ・CORPORATION TRUST CENTER, 1209 ORANGE ST., Wilmington, DE 19801 USA

Effective Date: [Sept. 26, 2025]

Appendix

International Privacy Policy

Visional Pop, Inc. collects, uses, and discloses personal information (the “Personal Information”) both inside and outside of California, the United States. In order to protect Personal Information of data subjects outside of California, we have established this International Privacy Policy (this “International Privacy Policy”). This International Privacy Policy applies to any and all of our processing of Personal Information obtained from data subjects located outside of California.

In the processing of the Personal Information, we will comply with this International Privacy Policy, and the laws and regulations applicable to our processing of the Personal Information (the “Applicable Laws”).

1. Processing of Personal Information

(1) Acquisition of Personal Information We acquire Personal Information by legal and ethical methods, and at the same time, devote our utmost attention to ensuring that the Personal Information is used only for those purposes that are clearly specified in advance. When we ask you to provide your Personal Information, we will notify you of the purposes of acquisition and the details of use of such Personal Information in advance. The processing of Personal Information will be conducted within the scope of our legitimate business purposes and only to the extent necessary to achieve those purposes set forth in “(2) Purposes of Processing” below.

The Personal Information we collect from you includes, but is not limited to, the following information:

Your name, address, postal code, telephone number, e-mail address, user ID, account login credentials, credit or debit card number, gender, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consumption history or tendencies, usage data (browsing history, search history, etc.), cookies and any other information you provide us in using the Company’s services, etc.

Some of the Personal Information is necessary for us to enter into a contract with you or companies to which you belong. In case you do not provide us certain information when requested, we may not be able to provide our full support with respect to the Company’s services, etc.
(2) Purposes of Processing The Personal Information provided to us will be used within the scope of our legitimate business purposes and only to the extent necessary to achieve those purposes set forth below.
・To deliver the Company’s services to registered members and support their effective use;
・To manage and administer your personal accounts and service registrations;
・To ship products that you have ordered or applied for;
・To handle and complete payment transactions through a third-party payment processor;
・To provide information about the Company’s services and other offerings via direct mail, email, or similar means;
・To carry out surveys and analyses, such as questionnaires, for the purpose of enhancing the Company’s existing services, creating new ones, and maximizing your satisfaction;
・To upgrade or enhance the Company’s services for our website or other online platforms, or to develop new services;
・To retain or obtain the Personal Information when necessary to comply with the Company’s legal obligations;
・To respond to requests from governmental authorities or investigative agencies;
・To appropriately address and manage inquiries received from you; and
・To otherwise conduct the Company’s operations in a smooth and appropriate manner.
(3) Provision and Cross-border Transfer of Personal Information We will disclose the Personal Information listed in “(1) Acquisition of Personal Information” above to our group companies, our business partners, online storage service provider, cloud service vendor and logistic service provider, so long as such disclosure is conducted within those purposes and means set forth in “(2) Purposes of Processing” above. As a result of the disclosure, the Personal Information may be transferred to locations outside of the locations in which you are located. The Personal Information protection laws in such locations where Personal Information may be transferred may not have the same standard of protection as that of your location. In such cases, we will thoroughly examine the eligibility of the party to which the Personal Information is provided or entrusted and confirm that appropriate security measures are taken in the processing of Personal Information from the perspective of security of Personal Information.
(4) Procedures for Disclosure or Correction, etc., of Personal Information If you wish to request disclosure, correction, addition, deletion, suspension of use, suspension of provision to a third party, or data portability, etc., of the Personal Information, (or make an objection), as permitted under the Applicable Laws, please contact us by using the contact channels set forth in “4. To Contact Us” below. The Company will usually respond to such request regarding Personal Information within a reasonable period of time, once when we can confirm that the request is made by the data subjects of the Personal Information and the data subjects are eligible to exercise the right under the Applicable Laws.
You may also request to withdraw your consent for the Company to collect, use or disclose your Personal Information for any purposes, without affecting the lawfulness of such processing based on your consent before withdrawal thereof, by contacting us by using the contact channels set forth in “4. To Contact Us” below. In some cases, withdrawing consent may hinder the Company’s ability to facilitate, process, administer, provide, or maintain services to the requester. You may exercise your rights before and after the Company discloses Personal Information to third parties in accordance with “(3) Provision and Cross-border Transfer of Personal Information” above if this is allowed under the Applicable Laws.
(5) Filing a Complaint You may have the right to complain to your local data protection authority, or to a court of law under the Applicable Laws, if your data protection rights are violated. You may be entitled to claim compensation for damage or distress incurred or suffered in consequence of any unlawful processing of your Personal Information.
(6) Cookies Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies you may not be able to use all of the features of our website.

2. Security Measures and Retention Period

(1) Security Measures We have established a management system and implemented appropriate security measures to protect Personal Information from unauthorized access, loss, destruction, falsification, leakage, etc., and to ensure the accuracy and safety of Personal Information. In addition to restricting the entry of unauthorized persons into the office where we process Personal Information, and conducting educational activities for all directors, employees, and other staff involved in the protection of Personal Information, we will appoint a person responsible for the management of Personal Information and strive to manage personal data appropriately. For details of the security measures taken by the Company, please contact us by using the contact channels set forth in “4. To Contact Us” below.
(2) Retention Period We will retain your Personal Information only for the period necessary to accomplish those purposes for which it was collected. In determining the proper retention period, we take into account factors such as the volume, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure, the objectives for which the Personal Information is processed and whether those objectives can be met by other means, as well as applicable legal obligations.

3. Changes to this International Privacy Policy

As part of the Company’s efforts to ensure that we properly manage, protect, and process Personal Information, we will be reviewing this International Privacy Policy, and the procedures and processes in using Personal Information, from time to time.

The Company reserves the right to amend and update the terms of this International Privacy Policy at our absolute discretion. You are encouraged to visit this International Privacy Policy from time to time to ensure that you are well informed of our latest policies, etc. in relation to the protection of the Personal Information.

4. To Contact Us

Inquiries regarding our processing of Personal Information are welcomed at the following contact channels:
Visional Pop, Inc.
・shop@visional.inc
・CORPORATION TRUST CENTER, 1209 ORANGE ST., Wilmington, DE 19801 USA

The contact information for the Company’s representative in the EU is as follows:
TMI Avocats & Associés
・VPO_EURep@tmi.gr.jp
・40 avenue Niel, 75017, Paris, France

Terms of Service

OVERVIEW

This website (the “Website”) and store (the “Store”) are operated by Visional Pop, Inc. (“Visional Pop”). Visional Pop offers to you the Website and the Store, including all information, tools, and services available on the Website and the Store (such services, the “Services”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting the Website or the Store and/or purchasing something from Visional Pop, you agree to be bound by the following terms and conditions (the “Terms of Service”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read the Terms of Service carefully before accessing or using the Website, the Store, or the Services. If you do not agree to all the terms and conditions of the Terms of Service, then you may not access the website or the Store, nor use any of the Services. Visional Pop is not responsible for any misinterpretations by customers who have failed to read the Terms of Service. The Terms of Service apply to all users of the Website, the Store, or the Services, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Any new features or tools which are added to the current Website, Store, or Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on the Website. Visional Pop reserves the right to update, change, or replace any part of the Terms of Service as provided in Section 20. It is your responsibility to check the Website periodically for any updates or changes. Your continued use of or access to the Website, the Store, and the Services following the publication of any updates and/or changes constitutes acceptance of those updates and changes.

The Store is hosted on Shopify Inc. They provide Visional Pop with the online e-commerce platform that allows Visional Pop to sell Visional Pop’s products to you and to provide you with the Services. If an agreement is executed between you and Visional Pop in relation to use of the Website, the Store, or the Services (e.g., a purchase agreement for products sold on the Store; an “Agreement”), such Agreement shall be governed by the Terms of Service.

SECTION 1 - GENERAL CONDITIONS

By agreeing to the Terms of Service, you represent that you are at least of the age of majority in your country or state of residence, or that you are of the age of majority in your country or state of residence and you have given Visional Pop your consent to allow any of your minor dependents to use the Website, the Store, and/or the Services.

Purchase of Visional Pop’s products on the Store for the purpose of resale is prohibited. Visional Pop reserves the right to refuse acceptance of an order, or to cancel and refund an order, in whole or in part, if Visional Pop determines in its sole discretion that any part of the order is intended for resale. Visional Pop further reserves the right to limit the quantity of any item available for purchase. Visional Pop reserves the right to refuse acceptance of an order, or to cancel and refund an order, in whole or in part, if Visional Pop determines in its sole discretion that multiple orders have been placed in an attempt to exceed any purchase limitations. Visional Pop reserves the right to prohibit use of the Website, the Store, the Services, and the ability to make purchases, by any person or entity who violates or attempts to violate any of the Terms of Service. In addition, Visional Pop reserves the right to refuse the Services 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 information or materials provided on or through the Website, the Store, or the Services, without express written permission by Visional Pop.

The headings used in the Terms of Service are for convenience only and will not limit or otherwise affect the interpretation of the Terms of Service.

SECTION 2 - MODIFICATIONS TO THE SERVICES AND PRICES

Descriptions and/or prices for products offered by Visional Pop on the Website or the Store are subject to change without notice at Visional Pop’s sole discretion. Visional Pop reserves the right at any time to modify or discontinue any of the Website, the Store, the Services, or any part or content thereof without notice. Visional Pop shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

SECTION 3 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Website or the Store. These products or services may have limited quantities and are subject to return or exchange only according to the following requirements: (a) the return or exchange must be requested to [shop@visional.inc ] within thirty (30) days after the delivery; (b) the reason for return or exchange is limited to damage or defect to the products; (c) the products must be unused and in its original condition with all accessories and original packaging; and (d) the return expenses are borne by Visional Pop for customers in the U.S.A., while the return must be shipped back to Visional Pop at the customer's expense for international orders. Any return or refund that does not satisfy these requirements will be subject to Visional Pop’s sole discretion. Visional Pop has made every effort to display as accurately as possible the colors and images of products that appear on the Website or the Store. Visional Pop cannot guarantee that your computer monitor's display of any color will be accurate.

Visional Pop reserves the right to discontinue any product, or any operation of the Website, the Store, or the Services at any time. Any offer for any product or service made on the Website or the Store is void where prohibited under applicable law.

Visional Pop does 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 Services will be corrected.

SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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

SECTION 5 - OPTIONAL TOOLS

Visional Pop may provide you with access to third-party tools over which Visional Pop neither monitors, has any control, nor inputs.

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

Any use by you of optional third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

Visional Pop may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new services and/or features shall also be subject to the Terms of Service.

SECTION 6 - THIRD-PARTY LINKS

Certain content, products, and services available on or through the Website, the Store, or the Services may include materials from third parties.

Third-party links on the Website or the Store may direct you to third-party websites that are not affiliated with Visional Pop. Visional Pop is not responsible for examining or evaluating the content or accuracy of and does 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.

Visional Pop is not liable for any harm or damages related to the purchase or use of products, services, resources, contents, 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, services, resources, contents, or any other transactions should be directed to the third party.

SECTION 7 - USER COMMENTS AND OTHER SUBMISSIONS

If, at Visional Pop’s request, you send certain specific submissions (for example, contest entries) or, without Visional Pop’s request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Visional Pop and/or its designee may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Visional Pop. Visional Pop is and shall be under no obligation (a) to maintain any Comments in confidence, (b) to pay compensation for any use of Comments, or (c) to respond to any Comments.

Visional Pop may, but has no obligation to, monitor, edit, or remove content that Visional Pop determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or any other right or any of the Terms of Service.

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, nor contain any computer virus or other malware that could in any way affect the operation of the Website, the Store, the Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Visional Pop or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Visional Pop takes no responsibility and assumes no liability for any Comments provided by you or any third party.

If you have opted in, Visional Pop may provide updates, alerts, information (e.g., order updates), promotions, specials, and other marketing offers (e.g., cart reminders) from Visional Pop via text messages through your wireless provider to the mobile number you provide (the “Mobile Service”). Your consent to use the Mobile Service is not required as a condition of purchasing any products on the Store. If you wish to opt-out or unsubscribe to the Mobile Service, text the single keyword command “STOP” to [949-245-9751]. You will receive a one-time opt-out confirmation text message. Visional Pop may modify or cancel the Mobile Service or any of its features without notice.

Visional Pop does not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. To the extent permitted by applicable law, you agree that Visional Pop will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or the Mobile Service.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the Website, the Store, or the Services is governed by Visional Pop’s Privacy Policy. Click here to view Visional Pop’s Privacy Policy.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Website, the Store, or any related website, or in the Services, that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Visional Pop reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website, the Store, or any related website, or in the Services, is inaccurate at any time without prior notice (including after you have submitted your order).

Visional Pop undertakes no obligation to update, amend, or clarify information on the Website, the Store, or any related website, or in the Services, including, without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied on the Website, the Store, or any related website, or in the Services, should be taken to indicate that all information thereon or therein has been modified or updated.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website, the Store (including any content on the Website or the Store), the Services, or products: (a) for any illegal, unlawful, or unauthorized 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 any intellectual property rights of Visional Pop, its parent, subsidiaries, affiliates, or 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 worms, 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 Services or of the Website, the Store, 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 Services, the Website, the Store, or any related website, other websites, or the Internet. Visional Pop reserves the right to terminate your use of the Services, the Website, the Store, or any related website for violating any of the prohibited uses.

SECTION 11 - Intellectual Property

Any and all Intellectual Property Rights (defined below) in all artwork, images, material, and other content made available to you on the Website or the Store, or through the Services (including any product you purchase on the store) (collectively, the “Visional Pop’s Works”) remain the property of Visional Pop, or its parent, subsidiaries, or affiliates. You are not permitted to reproduce, modify, publish, distribute, or otherwise exploit, in any format, any of the Visional Pop’s Works, even if you have purchased a product from Visional Pop, for any purpose other than for your own personal and non-commercial use.

For the purposes of this Section 11, “Intellectual Property Rights” mean all current and future registered and unregistered rights, including, without limitation, all copyrights, trademarks, service marks, trade dress, trade secrets, domain name, moral rights, contractual rights of non-disclosure, design and patent rights, or other proprietary rights throughout the world.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Visional Pop does not guarantee, represent, nor warrant that: (a) your use of the Website, the Store, or the Services will be uninterrupted, timely, secure, or error-free; and (b) the results that may be obtained from the use of the Website, the Store, or the Services will be accurate or reliable. Visional Pop is not responsible if information made available on or through the Website, the Store, or the Services is not accurate, complete or current. The material or information on the Website or the Store or in the Services 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 such material or information is at your own risk.

You agree that from time to time Visional Pop may remove or suspend any of the Services for indefinite periods of time or cancel any of the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are, except as expressly stated herein, 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.

To the maximum extent permitted by applicable law, in no case shall Visional Pop, its parent, subsidiaries, or affiliates, nor each of their directors, officers, employees, 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 Websites, the Store, the Services, or any products procured using the Services, or for any other claim related in any way to your use of the Website, the Store, the Services, or any product, including, but not limited to, any errors or omissions in any content, or any loss or damages of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Visional Pop, its parent, subsidiaries, and affiliates, and each of their partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of the Terms of Service or the documents incorporated by reference, or your violation of any law or the rights of a third party.

SECTION 14 - SEVERABILITY

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

SECTION 15 - TERMINATION

The Terms of Service and/or the Agreement are effective unless and until terminated by Visional Pop. If, in Visional Pop’s sole judgment, you fail, or Visional Pop suspects that you have failed, to comply with any term or provision of the Terms of Service or the Agreement, Visional Pop may terminate the Terms of Service and/or the 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 use or access to the Store or the Services (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms of Service and/or the Agreement.

SECTION 16 - ENTIRE AGREEMENT

The Terms of Service, the Agreement, and any policies or operating rules provided by Visional Pop on the Website or the Store or in respect to the Services constitute the entire agreement and understanding between you and Visional Pop and govern your use of the Website, the Store, and the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Visional Pop (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of the Terms of Service shall not be construed against the drafting party (i.e., Visional Pop).

SECTION 17 – NO ASSIGNMENT

Without prior written approval from Visional Pop, you may not assign or transfer to a third party, allow a third party to succeed, provide as security to a third party, or otherwise dispose of the Agreement, or the rights and obligations arising from or in relation to the Terms of Service or the Agreement.

SECTION 18 – NO WAIVER

Visional Pop’s failure to enforce any provision under the Terms of Service or the Agreement or to exercise any rights or remedies under the Terms of Service or the Agreement, or delay in exercising such rights or remedies shall not be interpreted as a waiver of such enforcement of provision nor exercise of rights or remedies by Visional Pop.

SECTION 19 - GOVERNING LAW AND DISPUTE RESOLUTION

The Terms of Service and the Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to its conflict of laws provisions, and the rights and remedies of the parties shall be determined in accordance with such laws.

Any matter, dispute or controversy between you and Visional Pop arising out of or relating to the Terms of Service or the Agreement shall be exclusively submitted to any federal or state court located in the State of California, U.S.A.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can access the most current version of the Terms of Service at any time on the Website.

Visional Pop reserves the right, at its sole discretion, to update, change, or replace any part of the Terms of Service by publishing updates and changes on the Website. It is your responsibility to check the Website periodically for such updates or changes. Your continued use of or access to the Website, the Store, or the Services following the publication of any updates or changes to the Terms of Service constitutes acceptance of those updates or changes.

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Quack & Lola Beach Phone Case