Terms & Conditions

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Copyright

Copyright © 2022 Pot-Pourri All rights reserved. All website contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by Pot-Pourri and its suppliers. You may use it as a shopping resource, its intended use, when you shop with us, but not otherwise, and may not make full or partial copies except as specifically permitted in the order instructions about printing out your order for reference.

Warranties and Product Warnings

Upon request, we shall send you any warranties or other product information provided to us by the artists. Under certain circumstances, the materials used in artwork may be harmful to humans or animals, particularly if used in ways other than those intended by the artist. If the product information contains warnings about risks of this type, you assume all responsibility for such use. For example, not all decorative objects can be used for eating and/or drinking; some are only for display and viewing pleasure. We at Pot-Pourri make no warranties whatsoever in regard to the artwork nor do we prepare or provide product information beyond that provided by the artist.

Disclaimer

THIS SITE IS PROVIDED BY POT-POURRI ON AN "AS IS" BASIS. POT-POURRI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POT-POURRI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POT-POURRI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS PURCHASED USING THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Exclusion of Liability

Under no circumstances, including negligence, shall Pot-Pourri or anyone else involved in creating, producing, storing or distributing the website be liable for any direct, indirect, incidental, special or consequential damages and expenses whatsoever (including, without limitation, lost profits, and damages arising from lost data or business interruption) arising out of or in any way connected with use of the website, delay or inability to use the website, or for any information, software, products or services obtained through the website, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. You specifically agree that no licensor, supplier or information provider to Pot-Pourri or its affiliates, officers, directors, employees or agents, or any of their successors or assigns, shall have any liability to you for any reason or under any theory whatsoever, based upon the information provided on or through the website. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification

You agree to defend, indemnify and hold Pot-Pourri, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Pot-Pourri.com site, or any content, product or service offered through the Pot-Pourri.com site, in a manner that violates or is alleged to violate these Terms and Conditions. Pot-Pourri shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Featured Links & Advertisements

The Website may contain hyperlinks to websites offered by parties other than Pot-Pourri. Such hyperlinks are provided for your reference and convenience only. Pot-Pourri does not control such other Websites and is not responsible for their content; nor does Pot-Pourri’s inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators. Unless otherwise specifically stated on this website, Pot-Pourri does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this website.

Copyright Infringement

Pot-Pourri will not tolerate copyright infringement of any kind. Pot-Pourri does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the website infringes your copyright, you may seek to have the material removed by sending Pot-Pourri notice that includes all of the following information:

  • Your full name, address and telephone number
  • Your e-mail address
  • Identification of the copyrighted work(s) that you believe is being infringed
  • Identification of the infringing material and information sufficient for Pot-Pourri to locate the material
  • Your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
  • Your physical or electronic signature

Direct such notice to Pot-Pourri designated agent for receiving copyright infringement notices:

Pot-Pourri
Attn: Legal Department
2108 Vine Street
Berkeley, CA 94709
e-mail: [email protected]

Upon receipt of notice complying with the above requirements, Pot-Pourri will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the website.

If Pot-Pourri removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying Pot-Pourri's designated agent in writing and including the following information:

  • Your full name, address and telephone number
  • Your e-mail address
  • Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
  • Your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
  • Your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the California District Court (which has jurisdiction for Pot-Pourri’s location), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
  • Your physical or electronic signature

Upon receipt of a notice meeting the above requirements, Pot-Pourri will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, Pot-Pourri will replace or enable access to the removed material unless Pot-Pourri receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Pot-Pourri and/or the copyright owner or Website user.

Termination of Privileges

Pot-Pourri reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these Terms and Conditions of use. If Pot-Pourri receives notice or otherwise discovers that you have breached any of these Terms and Conditions of use or the Privacy Policy, Pot-Pourri may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the website.

General

These Terms and Conditions (including the Privacy Policy also on this site, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and Pot-Pourri with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Pot-Pourri reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by Pot-Pourri. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

The website is controlled and operated by Pot-Pourri from its principal office in the State of California, United States of America. Pot-Pourri makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The website is not intended to subject Pot-Pourri to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America.

Pricing

The prices displayed are in U.S. currency and are subject to change at any time without notice.

Errors And Inaccuracies

The Pot-Pourri team works tirelessly to ensure that our content is as accurate as possible. However, as we are all human, sometimes against our best efforts, there might be occasional typographical errors, incorrect availability messaging, or pricing errors. We reserve the right to correct these errors, and all information is subject to change at any time without notice.

Photography

The Pot-Pourri team makes a great effort to provide our customers with images that most accurately represent our products. Online, colors may vary due to your monitor’s display, brightness, and resolution. Also, due to the handcrafted, one-of-a-kind nature of our products, the item you receive may have slight variances when compared to the one pictured.