Figuresque operates this Site to provide online access to information about Figuresque and the products, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement." Figuresque reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. 1. Information Collected We must collect certain personal information in order to ensure that your order gets processed correctly, including: name, address, phone numbers, email addresses, etc. Please make sure all information entered is correct so that we may contact you, if needed, for a seamless transaction. 2. Inventory & Products Our Site is updated daily, as is our inventory. While rare, we cannot guarantee that a product will not sell out prior to the processing of your order. If this occurs, we will contact you by email to advise you of the issue and allow you to either choose another item, or cancel it. Please make sure your contact information is always kept updated in your account. We cannot also guarantee that the onscreen color of a product will be exactly as it appears in person. While we photograph and describe colors, fabrics, and styles to the best of our ability, there may be a slight differance in appearance upon arrival due to computer screen and color qualities. 3. Password Security If you register to become a Figuresque.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. 4. Return Policy Click here to see Figuresque'sReturn Policy. 5. Privacy Click here to see Figuresque's Privacy Policy. 6. Use of Site You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") to learn about Figuresque products and services and to promote Figuresque products as an affiliate, promoter, blogger, writer, etc. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Figuresque reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the us upon written request. We, however, welcome all affiliates, promoters, bloggers, writers, magazines, periodicals, advertisers, directories, shopping comparison sites, etc. to use our Content in the support and promotion of Figuresque. 7. Copyright The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Figuresque or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Figuresque or other copyright owners who have authorized their use on the Site. You may download and reprint Content only if you are an affiliate, advertiser, or promoter (blog, directories, shopping comparison sites, magazines or other periodicals, etc). For all other reasons, please contact us for written approval. 8. Trademarks You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. 9. Links to Third-Party Web Sites Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Figuresque of the third party, the third-party web site, or the information contained therein. Figuresque is not responsible for the availability of any such web sites. Figuresque is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Figuresque affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. 10. Linking to this Site You may link to our site if all legal rules, search engine, and/or Google rules are followed. You may not link to us if you operate an illegal web site. 11. User Conduct You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. 12. Disclaimer of Warranties Unless specifically noted, this site, its content or the information available on or through it is provided on an "as is" basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that you use this site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site, and that Figuresque and its affiliates shall not be liable for any damages special, indirect or consequential of any kind related to your use of this site. Warranties and return rights concerning such products are governed by terms provided elsewhere in this site and by applicable law. 13. Limitation of Liability If any disputes arise regarding your use of this Web site, such disputes shall be resolved according to the laws of the State of Pennsylvania. In no event will Figuresque be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (I) The use of or inability to use the site, the service, or the content, (II) Any transaction conducted through or facilitated by the site; (III) Any claim attributable to errors, omissions, or other inaccuracies in the site, the service, and/or the content, (IV) Unauthorized access to or alteration of your transmissions or date, or (V) Any other matter relating to the site, the service, or the content, even if Figuresque has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, Figuresque's liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00. 14. Indemnification You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Figuresque, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement. 15. General Provisions a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Figuresque of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Figuresque therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Figuresque does not, however, guarantee that any errors, inaccuracies or omissions will be corrected immediately. c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Figuresque's Privacy Policy, your use of the Site, any other Figuresque web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Pennsylvania, without regard to any conflict of laws provisions. |