Terms of Service
These Terms of Service ("Terms") govern your use of POPS4 (the "Service" or "POPS4"), operated by HAKO SHIKIN LLC ("POPS4," "we," "us," or "our"), and any related websites, software, APIs and services we offer, including pops4.com and huanggoodman.com. They also govern every order you place with us for printed, decorated or custom-made products (sections 9 and 10).
By using POPS4 or placing an order, you agree to these Terms. If you do not agree, do not use the Service or place an order.
1. Who we are and what these Terms cover
POPS4 has supplied corporate identity programs since 1997: corporate gifts, branded apparel, custom packaging, secure print and the programs around them, drawn from 70,000+ products across 200+ authorized brands, under one roof and one quote. POPS4 also publishes editorial content about corporate branding, promotional products and market intelligence to third-party platforms including YouTube, TikTok, Pinterest, X, LinkedIn, Instagram and Substack, and operates the Huang Goodman Market Intelligence editorial brief and the free Filing Boards. Sections 2 through 8 and 11 concern the publishing and online services. Sections 9 and 10 concern orders.
AI in our services
Some of what we offer uses artificial intelligence. Our concierges, Celeste, Aoi and Sora, run on Claude, a model made by Anthropic, and the articles on our desks are written with AI from public sources and say so on every article. Our concierges tell you they are AI when you ask, do not give tax, legal, medical, insurance or investment advice, and hand anything that needs a person to the principal. We use these tools under Anthropic’s Usage Policy, and we don’t train AI on client work.
2. Eligibility
You must be at least 13 years old to use POPS4. By using the Service you represent that you meet this requirement and have authority to agree to these Terms for yourself or the entity you represent.
3. Your account and access
Some POPS4 features require an account or a connection to a third-party platform through OAuth (including YouTube/Google, TikTok, Pinterest, X, LinkedIn and Meta platforms). You are responsible for the security of your credentials and for activity under your account. Do not share your credentials with unauthorized parties.
4. Acceptable use
You agree not to:
- use POPS4 for any unlawful, harmful, defamatory or fraudulent purpose;
- upload or distribute content that infringes any copyright, trademark, trade secret, privacy or other right of any person or entity;
- attempt to access any part of POPS4 you are not authorized to access;
- interfere with, disrupt or reverse-engineer POPS4, its infrastructure or the third-party APIs it integrates with (including the YouTube Data API, TikTok Content Posting API, Pinterest API, X API or any other partner API);
- use POPS4 to transmit viruses, worms or other malicious code;
- scrape, crawl or harvest data from POPS4 except through documented interfaces;
- violate the terms or developer policies of any platform POPS4 integrates with, including the YouTube Terms of Service, TikTok Terms of Service, Pinterest Terms of Service, X Terms of Service, LinkedIn User Agreement and Instagram Terms of Use.
5. Your content
POPS4 may allow you to submit, upload or otherwise make available content ("User Content"). You keep ownership of your User Content. By submitting it you grant POPS4 a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify for formatting, distribute and display it solely as needed to provide the Service and to distribute content to the platforms you have authorized.
You represent that you hold all rights needed to grant this license and that your User Content does not violate any third-party right or applicable law.
6. Third-party platforms
POPS4 interoperates with YouTube, TikTok, Pinterest, X, LinkedIn, Instagram, Meta platforms, Substack and other third-party services. Your use of those services through POPS4 is also governed by their terms and privacy policies. POPS4 is not responsible for the availability, content or practices of any third-party platform. When POPS4 publishes on your behalf to a platform, you authorize POPS4 to act for you under the terms you have separately accepted with that platform.
7. YouTube API Services
POPS4 uses YouTube API Services. By using POPS4 you also agree to the YouTube Terms of Service and the Google Privacy Policy. You may revoke POPS4's access to your Google account at any time at the Google security settings page.
8. Intellectual property
POPS4, the POPS4 name and logo, the Huang Goodman Market Intelligence name, and all related marks, software and content (other than User Content) belong to HAKO SHIKIN LLC or its licensors and are protected by copyright, trademark and other intellectual property laws. Do not use any POPS4 mark without our prior written permission.
9. Orders for printed, decorated and custom-made products
This section governs every order for printed, decorated or custom-manufactured products placed with POPS4, whether through pops4.com, a quote, a purchase order, the Brand Room or a conversation with us. Where it conflicts with another section of these Terms for such an order, this section controls.
9.1 Quotes
- A quote is an offer to supply on the terms in the quote and these Terms. Different or additional terms in your purchase order or other document do not apply unless we accept them in writing.
- A quote is valid for 30 days from its date unless it says otherwise. We may withdraw a quote before you accept it.
- A quote relies on the specifications, quantities, artwork and materials you describe. If what you supply differs from them, we will re-quote before proceeding.
9.2 Orders and changes
- An order is placed when you confirm the quote in writing (a purchase order, an email or a written approval that references the quote number) and we acknowledge it.
- We begin work once the copy, artwork and specifications are complete and clear. Open questions pause the schedule.
- Changes after an order is placed must be in writing and are effective when we confirm them. Changes may carry a charge and move the delivery date.
9.3 Proofs and approval
- We send a proof before production. Production begins when you return the proof marked approved or approved with the corrections shown. A proof marked revise brings a new proof. Work waits for your written approval.
- Press or pre-production samples are provided only when the quote includes them in writing.
- Delays or changes you cause after proof approval are billed at our current rates.
- A proof shows layout and copy. Color on a proof, on a screen or in print may vary within commercial tolerance from the finished product, and screens are not a reference for color. Where a variation is within trade tolerance, it is not a defect.
9.4 Quantities
- Production runs carry an industry tolerance of 10 percent over or under the quantity ordered. You are billed for the quantity delivered within that tolerance.
- If you need an exact or minimum quantity, say so when requesting the quote. An exact quantity carries an up-charge stated in the quote.
9.5 Artwork, files and materials you supply
- Keep your own copies of all files and materials you send us. Files should be usable as sent; if they need repair or conversion, you may fix them or we will, at our current rates, after telling you.
- You confirm that you hold the rights to all logos, artwork, text and images you supply, that nothing in them is defamatory or infringes any right, and that no copyright or trademark notice has been removed. You will indemnify POPS4 against claims arising from material you supply.
- We may decline work we consider unlawful, infringing, defamatory or improper.
- Materials you supply are checked against our receiving records; we are not responsible for count differences in materials you ship to us. Your unaltered materials are returned on request. Your property is insured only while in our possession and our responsibility for it is limited to what that insurance recovers.
- Artwork, layouts, mock-ups, files, dies, screens and other production assets we create remain our property unless the quote says otherwise. Preliminary or experimental work may not be used elsewhere without our written consent.
9.6 Delivery
- Unless the quote says otherwise, prices are F.O.B. the shipping point for a single shipment to one address, without storage. If you do not specify a carrier or method, we ship the best way for the order.
- Title and risk pass to you when the goods are handed to the carrier, or when you collect them. Loss or damage in transit is claimed from the carrier; we will supply the documents that support your claim.
- Our count of the quantity shipped is final.
- Delivery dates depend on your approvals arriving on schedule. Late approvals or changes move the date. Delays from causes beyond our control (section 16) extend the schedule by the length of the delay.
9.7 Claims
- Tell us in writing about any defect, damage or shortage within 10 calendar days of delivery. After that, the goods are accepted.
- For work that does not match the approved proof and order, we will reprint or correct it, or credit the amount invoiced for the affected work, at our option. That is the full remedy for a product claim.
- A sample of each custom order is kept on file and can be sent with the invoice on request.
9.8 Cancellation
- Cancellations must be in writing. Work performed and materials committed up to the time we receive the cancellation are billed.
- Once a proof has been approved and a custom item is in production, the order can no longer be cancelled and the full price is due.
9.9 Storage
- We keep intermediate materials until you accept the finished product. Storage beyond that, or storage you request, carries a charge stated at the time.
- Our responsibility for stored material is limited to what our insurance recovers.
9.10 Showing the work
- We may show finished work, with your brand on it, in our Brand Room, portfolio and samples, unless you tell us in writing when you order that you prefer we do not. Your confidential material is never shown.
10. Payment
- Invoices are issued through Stripe and may be paid by card or bank transfer (ACH) from the invoice. Card and bank details are entered on Stripe's pages and are not stored by POPS4. See our Privacy Policy.
- Unless the quote says otherwise, invoices are due within 30 days of the invoice date. Where the quote calls for a deposit, production begins when the deposit is received.
- Balances not paid when due accrue interest at 10 percent a year, or the highest rate the law allows if lower, plus the reasonable costs of collection. We may hold goods and materials belonging to you that are in our possession until overdue balances are paid.
- Prices exclude state and local transaction taxes, including use tax, which are added to the invoice unless a valid exemption certificate is on file with us before invoicing. Tax later assessed on an order is payable by you.
- Credit terms, where offered, are reviewed from time to time and may be changed or withdrawn on notice for future orders.
11. Subscriptions and fees for online services
Some POPS4 features may be offered for a fee. If you subscribe to a paid POPS4 service, the fees and billing terms are disclosed at the time of purchase. Subscription fees are non-refundable except as required by law.
12. Termination
We may suspend or end your access to POPS4 at any time, with or without notice, if you violate these Terms, if the law requires it or if we discontinue the Service. You may stop using POPS4 at any time. Sections 4 through 10 and 13 through 17 survive termination.
13. Disclaimers
For orders, we warrant that the goods will match the approved proof and the order within the tolerances in section 9. We make no other warranty for goods, express or implied, including merchantability or fitness for a particular purpose.
THE ONLINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT POPS4 WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT CONTENT PUBLISHED THROUGH POPS4 WILL BE AVAILABLE ON ANY THIRD-PARTY PLATFORM.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAKO SHIKIN LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF POPS4 OR ANY ORDER. FOR AN ORDER, OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT INVOICED FOR THE WORK IN DISPUTE. FOR THE ONLINE SERVICES, OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT YOU PAID TO POPS4 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
15. Indemnification
You agree to indemnify, defend and hold harmless HAKO SHIKIN LLC and POPS4 from any claims, losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees) arising out of your use of POPS4, your User Content, material you supply for an order, or your violation of these Terms.
16. Events beyond our control
We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, fire, accident, epidemic, war, civil disturbance, government action, carrier or supplier failure, labor disputes, or failures of power, networks or materials supply. Schedules extend by the length of the delay.
17. Governing law
These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict-of-laws principles. Any dispute arising out of these Terms, your use of POPS4 or an order will be resolved exclusively in the state or federal courts located in Virginia, and you consent to the personal jurisdiction of those courts. The prevailing party in any such dispute may recover its reasonable attorneys' fees and costs.
18. Changes to these Terms
We may update these Terms from time to time. Material changes are posted at pops4.com/legal/terms-of-service with the dates above updated. Changes apply to use and orders after posting. Your continued use of POPS4 after a change takes effect is your acceptance of the revised Terms.
19. Questions
Questions about these Terms can be raised through pops4.com.