Updated October 5, 2020

 

Welcome to The Nopo Service.

 

By using the thenopo.com website (the “Website” or “The Nopo”) or establishing an account with The Nopo and using The Nopo service and any related services, aspects, functions, software platforms or derivatives thereof (the “Service”), you agree to the following terms and conditions (this “Agreement” or these “Terms of Use”) and to our Privacy Policy. The following sets forth the legally binding terms governing your use of the Website and the Services. We urge you to read them carefully and refrain from using either and any of the Website and/or the Services if you do not wish to be legally bound by the terms below. Your right to use the Services is expressly conditioned on acceptance of this Agreement. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ANY AND ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE. 

 

The Nopo only acts as a venue to connect together, via an online marketplace, vendors/retailers and buyers, collectively named Users. The Nopo enables vendors and small retailers to list their items by using The Nopo Services and to submit them for sale to buyers globally. As certain restrictions on shipping items listed may apply, we suggest that as a User, you also review our Shipping and Returns policy available at https://www.thenopo.com/shipping-returns. 

 

The Nopo does not have full control over the items advertised, the actual identity of its users, or the ability of vendors to sell items or the ability of buyers to pay for items.

 

1. DEFINITIONS

The “Content” may include but is not limited to any information, action, data, communication, video, text, images, software, scripts, graphics, photos, sounds, music, audiovisual combinations, items, item descriptions, messaging text, newsletters, photographs and descriptions interactive features content and any other information submitted via the Website, any messaging service on the Website, any public message area (including forums or the feedbacks, if made available), in The Nopo’s online magazine published on the Website, any The Nopo newsletter or through any email feature. 

With respect to Content created by You or published by You, You are solely responsible for Your Content, and The Nopo shall bear no liability whatsoever in respect of any of Your Content. 

“Your Activities” include, for example, providing items for listing, posting comments and/or blogging, providing feedback and the like, email, engaging in marketplace activities including selling and buying products, communication with a party to a

transaction etc. 

“Vendor” or “Retailer” means a vendor using the Website. 

“Buyer” means a buyer using the Website to purchase posted items. 

“User” means both the Vendor and the Buyer.

 

2. MEMBERSHIP ELIGIBILITY

The Service is not available to minors under the age of 18 or to temporarily or indefinitely suspended The Nopo Users. You acknowledge that you must be 18 years or older to use the Website, the Service and to establish a The Nopo account. If you

are under the age of 18, you can use this service only under the supervision of your parents or legal guardians. If you do not qualify, please do not use The Nopo.

 

3. REGISTRATION

Registration on the website

To use The Nopo’s platform, you must register by creating an account. 

Only legal entities and physical persons are allowed to be a member of the Website.

You are solely responsible for keeping your password secret and secure and you agree to provide The Nopo with truthful and correct information about you as required by the registration process or subscription and update this information as needed to ensure that it remains fair and complete. You must notify The Nopo immediately of any breach of security or unauthorized use of your Account.

A member account is not transferable.

The Nopo reserves the right to refuse the registration of a User for any reason he deems reasonable.

Registration to the Services is free of charge.

 

4. GENERAL USE OF THE PLATFORM

You agree not to use The Nopo for any illegal or unauthorized purpose and in accordance with the terms set forth by these Terms of Use and the Website’s policies. You agree to comply with all applicable laws regarding online conduct and with respect to Your Content.

You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and other media, links or any other Content that you submit for posting or display on the Website.

For more information relating to shipping and returns, please see our policy here.

For more information about payments on the Website, please visit our payment policy here.

As a Vendor, you agree to deliver the items purchased through The Nopo’s Services unless the material conditions relating to the purchase are not met.

 

5. LISTING OF ITEMS

Right to Sell Items; Your Responsibility. As a Vendor, you must be legally able to sell the item(s) you provide The Nopo for listing for sale on the Website. You shall be solely responsible for your own Content and the consequences of submitting and publishing

the Content through the Service.

Description of Your Items. You must provide proper, accurate and correct descriptions for your item and photographs enabling The Nopo to display the items for sale. The information provided may include text descriptions, graphics, pictures and other content relevant to the sale of that item. You promise that the origin, condition and specification of your items on are as provided by you to be described on the listing on the Website and that the items listed for sale are not counterfeit.

Item Pricing. You are also required to provide relevant pricing information for the items to be listed. As a Vendor, you may change the pricing of items listed by providing The Nopo with written notice of the pricing change, which change will take effect within 7 days of your written notice to The Nopo. You understand that The Nopo lists all prices in US Dollars and that any prices provided to The Nopo in any other currency, will be converted into US Dollars on the date of receipt by The Nopo of the pricing information and the items will be listed according to the US Dollar converted price. You also understand that prices displayed on the Website are only charged in US

Dollars and any payment to Vendor shall be made in such currency, or to the extent so requested, in local currency based on the relevant exchange rate published for such currency on the date on which the payment for the item was cleared by our thirdparty

payment services providers.

Payment. Payment for items purchased through The Nopo will be made to Vendor only after the item reaches The Nopo’s distribution center and is validated as in good marketable condition and compliant with the sale terms of the item. Notwithstanding the foregoing, if as part of the terms of sale for any item, shipping is to be made directly from Vendor to the Buyer, payment for the applicable item will be made only after the item reaches the Buyer in good and marketable condition.

Shipping; Risk Of Loss; Returns. You undertake to ship every item ordered from you (unless made to order) to The Nopo’s distribution center applicable to your items, within 3 days of the order being placed. All items are required to be packaged properly to ensure that they reach The Nopo’s applicable distribution center in good and marketable order. Any items shipped by you to The Nopo’s distribution center will remain at your risk and responsibility until such item is arrives and is validated in The Nopo’s distribution center. When items reach The Nopo’s applicable distribution center, they may be examined and verified by The Nopo. If items are found to be noncompliant with the relevant order or are damaged, you undertake to replace the noncompliant or defective item promptly following notice by The Nopo so that items may be shipped to Buyer at the earliest convenience.

Cooperation with The Nopo. In addition, and without derogating form the above, You understand The Nopo’s payment policies and shipping and return policies and agree to assist The Nopo to adhere to all such policies. 

The Nopo’s Right. To ensure the consistency of the items listed for sale on the Website, The Nopo reserves the right to accept or refuse a Vendor’s item before it is posted on the Website. The Nopo also reserves the right, without notice, to screen, to remove, to refuse to post or to edit information provided to The Nopo for the listing. 

If The Nopo determines in its sole discretion that any Content provided to it is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, The Nopo Terms of Use, The Nopo Privacy Policy, or any other policy documents and community guidelines as may be posted on the Website from time to time, The Nopo reserves the right to remove such content at its discretion or make any required change to the listing to ensure compliance with the same. The Nopo has no obligation to do so, however and shall bear no liability in connection therewith, including in connection with any posts,

blogs, images etc.

Guidelines. Vendor acknowledges and agrees that The Nopo may implement additional policies and guidelines from time to time regarding its listings and vendor conduct and Vendor agrees to strictly comply with such policies and guidelines. In case of failure to comply with said policies and guidelines, The Nopo reserves the right to notify Vendor of a request for correction or delete the non-compliant listing.

6. PURCHASING – BINDING SALE

All sales are binding. A Vendor must abide by all of The Nopo’s policies and provide the item as described.

The Nopo may terminate any sale if it suspects that any fraudulent activity was engaged in connection with such sale.

7. THE NOPO’S COMPENSATION AND CONDITIONS OF PAYMENT

The Services offered by The Nopo are remunerated by way of a commission that the Website charges on the price of an item sold to and paid for by a Buyer (including shipping charges).

The basis for the calculation of the commission is the selling price of the item in US Dollars.

The Nopo may choose to temporarily change its fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

8. LICENCE GRANTED TO THE NOPO

Vendor grants The Nopo a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, fully-paid, transferable license to use, reproduce, modify, distribute, publish, communicate to the public, edit, translate, store, exploit in any manner and in any form the Content in connection with and for the purpose of the Service provided by the Website. You hereby waive any moral rights that you may have in your Content in favor of The Nopo and anyone acting with the authorization of The Nopo.

The Vendor represents and warrants that all Content provided to The Nopo is free of infringement or of any opposing intellectual property of third party and will not cause injury to any person or entity and that you have all rights to grant such license.

As a Vendor, you also grant to The Nopo the right to use the information, descriptions, photos and the like information provided to The Nopo and your trademark, logo and Content in promotional campaigns in all forms of media, including social media. You expressly agree that The Nopo is allowed to use your trademark, logo and Content in marketing materials and on the Website and social media posts and to identify you as a Vendor.

By participating on the Website you consent to The Nopo’s and its agents’ and designees’ use of your name, profile pictures, image, likeness, photograph and any other attributes of your persona in any and all media now known or hereafter developed, including but not limited to the Internet (including on the Website and on third party social media websites) and mobile applications, worldwide, in perpetuity, without additional payment, compensation or further notification to or permission from you, except where prohibited by law, or by the terms and conditions of any applicable websites.

9. LICENSE TO USE THE NOPO’S SERVICE

The Nopo grants you a limited, revocable, non-exclusive, non-transferable, worldwide right to use our Service solely for the purposes of the sale of your items. The use, reproduction, modification, distribution or storage of any Content for another purpose is expressly prohibited. All rights not expressly granted to you are reserved by us.

10. PROHIBITED ACTIVITES AND INFRIGEMENT

The information provided, Your Content which results in any items listed on The Nopo’s Website shall not:

- harass, stalk or abuse another User of the Website;

- be false, misleading, untruthful or inaccurate, defamatory, trade libelous, unlawfully threatening or unlawfully harassing, harmful, abusive, vulgar, promote violence, racial hatred terrorism or illegal acts;

- be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Terms of Use in any way;

- infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

- violate any law, local, state, federal or international law, statute, ordinance or regulation;

- be obscene or contain child pornography;

- contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website or the Service;

- create liability for The Nopo or cause The Nopo to lose (in whole or in part) the services of our ISPs or other suppliers;

- lead us to violate any applicable law, statute, ordinance or regulation, or this Terms of Use.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Service and the listing, purchase, solicitation of offers to purchase, and sale of items.

11. INTERACTION VERIFICATION

You understand that The Nopo does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users, if permitted.

Any opinions or statements expressed by Users are of those of the Users alone, and should not to be attributed to The Nopo.

The Nopo cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by anyone which is not The Nopo.

12. NO TRANSACTION BETWEEN USERS OUTSIDE THE NOPO

You agree not to circumvent The Nopo by performing, or by attempting to perform a transaction with Buyers using the platform outside the Website. Furthermore, if a Buyer who is not a User informs you that such Buyer discovered your items though the Website, you agree to redirect this Buyer to The Nopo in order to perform the transaction via our Website.

13. INTELLECTUAL PROPERTY

“The Nopo”, the Website, brands, logos, slogans, services marks, trade names, trademarks and any other distinctive signs of The Nopo and any software used on the Website and the Website Content (that is to say, any text, video, photography or any other information or documents in any format and of any nature whatsoever on the Website) are the exclusive property of The Nopo and / or The Nopo’s partners and/or third parties and may be protected by copyright, trademark law, patent law or other intellectual property right.

Except as expressly set forth herein, no right, license, or interest to such intellectual property rights are generated or granted hereunder. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by The Nopo. It is therefore forbidden to copy, scrape, modify, reproduce, distribute, publish, incorporate a few medium whatsoever, adapt, transfer or assign, license, sublicense, pledge, make any derivative works, transmit in any manner The Nopo’s Content as mentioned above, or perform reverse engineering or use any other method to try to access the source code and/or protocols of the Website without the express approval of the The Nopo.

The Nopo’s trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. 

Failure to comply with this prohibition constitutes an infringement and may result in civil and criminal penalties. 

The Service may contain links to third party websites that are not owned or controlled by The Nopo. The Nopo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, The Nopo will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve The Nopo from any and all liability arising from your use of any third-party website.

14. TERMINATION OF ACCOUNT

You can remove your profile at any time by deleting your account with a 7 day notice to The Nopo.

The Nopo reserves the right to display your images and content on The Nopo, or in emails from The Nopo, in social media forums or in its online magazine or newsletters, and store and keep the images, item description, profile and all other content and data in connection with your account.

15. BREACH

Without limiting other remedies available, The Nopo may, without prior notice, limit your activity, or block your access to the Webiste for an indefinite period of time, or remove your item listings, warn The Nopo’s community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:

(a) you breach these Terms of Use or other policy documents or community guidelines published on our Website;

(b) you are being unresponsive with respect to any listed items or are mishandling any orders;

(c) The Nopo is unable to verify or authenticate any of your Information; or

(d) You behavior constitutes fraudulent or abusive behavior or behavior not in accordance with our policies or policies.

(e) The Nopo believes that your actions may cause financial loss or legal liability for The Nopo’s Users or The Nopo.

16. FEEDBACK FROM YOU

While The Nopo welcomes any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, new features or new functionality, will automatically upon submission become the property of The Nopo, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, The Nopo may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.

To provide such submissions or feedback, please email info@nopo.com

17. COPYRIGHT INFRIGEMENT POLICY

The Nopo is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Service are covered by a single notification, a representative list of such works that appear within the Service;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Nopo will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, The Nopo will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

The Nopo may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to The The Nopo’s designated agent (the “Designated Agent”) that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which The Nopo may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to: THE NOPO, Yavne 7, Tel Aviv, Israel ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT or by email to info@thenomadpopup.com with the words “Attn Copyright Infringement Designated Agent” in the subject line.

18. WARRANTY AND LIABILITY

THE NOPO, THE NOPO’S OFFICERS, DIRECTORS, EMPLOYEES AND THE NOPO’S SUPPLIERS PROVIDE THE NOPO’S WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE NOPO DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE NOPO DOEST NOT WARRANT THAT THE SERVICE OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. THERE MAY BE DELAYS, OMISSIONS AND INTERRUPTIONS IN THE AVAILABILITY OF THE WEBSITE OR THE SERVICES. 

IN NO EVENT SHALL THE NOPO, AND THE NOPO’S OFFICERS, DIRECTORS, EMPLOYEES OR THE NOPO’S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THSE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE NOPO’S LIABILITY, AND THE LIABILITY OF THE NOPO’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE NOPO IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Nopo, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense, including but not limited to legal costs made by any third party due to or arising out of your breach of these Terms of Use or any other policy documents and community guidelines as may be posted on the Website from time to time, or your violation of any law or the right of a third party.

 

20. DISPUTES AND GOVERNING LAW

In the event a dispute arises between you and The Nopo, please email The Nopo at info@nopo.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. Any dispute between you and The Nopo arising from this Agreement shall be submitted to the competent courts of Tel Aviv-Jaffa.

This Agreement shall be construed and interpreted in accordance with the laws of the State of Israel, excluding its conflict of law rules.

You agree that any cause of action arising out or related to the Website or these Terms of Use must begin within 12 months after the cause of action arose. Otherwise, the action is barred.

21. MISCELLANEOUS

The Nopo reserves the right to modify the terms set forth by these Terms of Use at any time. By using The Nopo after modification of these Terms of Use, you agree to accept these terms as amended and you should periodically review them to make sure you comply. You should read through all the Terms of Use carefully as it constitutes a legally binding agreement between you and us.

These Terms constitute the entire agreement between the parties concerning the subject matter hereof. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

To approve to the above terms & conditions please feel in your contact details below
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