Terms of Use

1. Consent; Agreement

By using The Collective SoHo's services, including this website and any mobile applications (collectively, the "Services"), you agree to be bound by these Terms of Use and all referenced policies, including the Privacy Policy. These Terms apply to all users — vendors, customers, merchants, and content contributors.

2. Privacy

Your use of the Services is also governed by our Privacy Policy. By using the Services, you consent to the collection and use of your information as described therein.

3. Authority

The Collective SoHo reserves the right to remove content, refuse service, and discontinue any Services at its sole discretion, including where user conduct is deemed disruptive, harmful, or in violation of these Terms.

4. Platform

The Collective SoHo is a curated retail marketplace for sellers and shoppers, featuring unique designs, arts and crafts, vintage collections, and useful household items from makers, artists, and independent designers. The Collective SoHo is committed to customer satisfaction and maintains a return policy in support of that commitment.

5. User Representations, Covenants, and License

By using the Services, you represent that you are of legal age and that all information you provide is truthful and accurate. You receive a limited, personal, non-transferable license to access the Services. The following activities are strictly prohibited:

• Copying or collecting account information of other users
• Creating unauthorized hyperlinks to the Site
• Uploading content that infringes any third-party intellectual property rights
• Transmitting viruses, malware, or other harmful code
• Overloading or interfering with site infrastructure
• Data mining or scraping without express written permission

6. Liability

The Collective SoHo disclaims liability for any damages arising from your use of, or inability to use, the platform or Services.

7. Indemnification

You agree to indemnify, defend, and hold harmless The Collective SoHo and its affiliates from and against any third-party claims, damages, or expenses arising from your breach of these Terms or any applicable law.

8. Third-Party Links

The Collective SoHo makes no representations about linked third-party websites. Access to any external site is at your own risk. We are not responsible for the content, accuracy, or practices of third-party sites.

9. Severability

If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

10. Data Protection

All personal data is managed in accordance with our Privacy Policy. Please review it carefully to understand how your information is collected, used, and protected.

11. Cookies

The Collective SoHo uses cookies to customize content, track site traffic, and tailor the user experience. Cookies may collect information including IP addresses, browser type, platform details, and domain information. You may control cookie settings at the browser level; however, disabling cookies may limit certain functionality of the Services.

12. Intellectual Property Rights

Nothing in these Terms grants you any rights to The Collective SoHo's trade names, trademarks, logos, or proprietary content. All intellectual property remains the exclusive property of The Collective SoHo or its licensors.

13. Termination

Either party may terminate access to the Services at any time. Upon termination, you must immediately cease using the Site and Services. Previously paid and confirmed orders will be fulfilled in accordance with their terms.

14. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE COLLECTIVE SOHO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. THE COLLECTIVE SOHO DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SERVICES. INDIVIDUAL MERCHANTS MAY PROVIDE SEPARATE WARRANTIES FOR THEIR PRODUCTS.

15. Entire Agreement

These Terms of Use, together with the Privacy Policy and any other posted policies, constitute the entire agreement between you and The Collective SoHo with respect to your use of the Services, superseding all prior agreements.

16. Additional Policies

The Collective SoHo may post additional policies governing specific Services. Changes to any policy take effect immediately upon posting. Continued use of the Services constitutes acceptance of any updated terms.

17. Headings

Section headings are provided for convenience and reference only and do not limit or define the scope of any section.

18. Governing Law; Jurisdiction

These Terms are governed by the laws of the State of New York. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts of New York County, New York.

19. Contact

For questions regarding these Terms of Use, please contact us at info@popupcollectivenyc.com.