TERMS OF USE

I. Introduction

Welcome to FIGTNY. Established in 2014, FIGTNY is a personal website, focusing on fashion, lifestyle and a minimal approach to everyday, available at www.figtny.com (the Website). 

In order for us to provide the Website to you, and in order for you to access and use the Website, you must read and agree to these Terms. The Terms are legally binding on you, and continuing to use the Website means you accept the Terms in their entirety. If you do not agree to any part of the Terms, you are not authorized to use the Website. 

We, us, our, or FIGTNY means Harrison Boyce Studio LLC d/b/a FIGTNY.

You, user, or your means you, the person visiting the Website.

Services means anything that we provide to you via the Website. 

Terms means this document and all documents incorporated by reference, including our Privacy Policy, available here.

II. Amendments to Terms

We may amend these Terms, and if we do, we will let you know about these amendments either by sending you an email to the email address you have provided to us and/or by displaying information about the amendment(s) on the Website. Your continued use of the Website after we provide this notice means you accept and agree to be bound by the amended terms. 

III. Users 

We do not knowingly collect personal identifying information of minors. Any user under 18 years old must have a parent or legal guardian’s consent to use the Website. 

You may be required to provide certain information if you wish to use certain features of the Website, such as leaving a comment. If you decide to use these features, you agree to provide us with only accurate, truthful, and current information. You may only use these features if you are at least 18 years old. 

IV. Use of Website and Comment Policy

  1. When using the Website:
    1. You will not upload, post, or share any content that violates this Agreement or the law;
    2. You will not upload, post, or share any content that is designed, or has the likelihood, to cause offense or injury.  
    3. You will comply with all applicable laws while you access the Website, and you will not use the Website for any unlawful or unauthorized purpose;
    4. You will not use the Website to collect any market research for a competing business;
    5. You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
    6. You will not take any action that imposes or may impose (determined in our sole discretion) an unreasonable or disproportionately large load on the Website or its technical infrastructure;
    7. You will not obtain, seek to obtain, or distribute publicly or privately any personal, private, or confidential information that either passes through our technical infrastructure or is maintained by us or other users;
    8. You will not take any action that violates or infringes our rights or the rights of others, including without limitation patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
    9. You will not use any of our trademarks without our express permission; 
    10. You will not intentionally or knowingly cause harm to us, the Website, or another user;
    11. You will not attempt to access, modify, or in any way manipulate any of our code, software, and text and video content, including but not limited to unauthorized downloading, streaming or recording; decompiling; reverse engineering; and/or unauthorized data gathering or extraction;
    12. You will not take any action that violates these Terms or any guidelines or policies posted on the Website; and
    13. You will not take any action that otherwise interferes with the use, efficacy, or enjoyment of the Website by others.
  1. We reserve the right to remove, delete, limit, or disable your access to the Website for any reason we deem appropriate or necessary in order to comply with the Terms, applicable law, law enforcement, or other request. 

V. Content and Social Interaction

The content found on the Website may be information, text, data, graphics, images, photographs, sound recordings, video, music or any other material uploaded to or shared on the Website (“Content”). 

  1. If you choose to interact with us on social media, and in so doing, share Content with, or provide Content to, us, you keep the copyright in any original Content you submit, subject to the following license: 
    1. In consideration for providing you with the Website, you hereby grant to us, and our agents, assigns, parents, subsidiaries, affiliates, and related entities, a non-exclusive, royalty free, irrevocable, transferable and sublicensable, perpetual, and worldwide license to use, reproduce, publish, display, transmit, and make derivative works of, your Content, for purposes of providing the Service to You and other Users, and including for promotional and marketing purposes, in any and all media known or developed in the future. as well as your likeness (including your social media profile photo(s), username, and actual name). 
  1. If you submit Content to us, you represent and warrant that:
    1. You own all copyright in your Content, or if you are not the copyright owner that you have all permissions necessary to use the Content, and that you have all of the rights required to display, reproduce, publish, make derivative works of, and sell the Content;
    2. The Content does not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
    3. The Content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
    4. Your Content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
    5. Your Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
  1. We reserve the right to review and remove any Content we deem in violation of the law or these Terms.
  1. You understand that we do not regularly screen for Content that violates these Terms. If you discover Content that violates these Terms, please contact us. 

VI. LINKS

The Website contains links to other websites and resources provided by third parties. While we do not have control over the contents of those sites or resources, we may earn commissions or fees if you client and/or buy something from a third party. You do not have to buy anything or use our Website to access the third-party sites. We accept no responsibility for them, their operators, or for any loss or damage that may arise from your use of them.

VIII. RELIANCE ON WEBSITE

The Website changes constantly. Information and content may be added regularly or changed or removed without warning. In addition, there are times when the Website may experience technical difficulties and access to it may be suspended indefinitely. You understand this is a common feature of internet websites and thus we make no guarantees as to the accuracy, functionality, security, or availability of the Website. 

IX. LIMITATION OF LIABILITY; NO WARRANTY; INDEMNIFICATION

THIS SECTION LIMITS YOUR RIGHTS – PLEASE PAY ATTENTION TO IT

  1. In no case or under no circumstances will we be liable to any party for any loss or damages whatsoever that you suffer or suffered arising out of a violation or alleged violation of these Terms, including consequential damages, expectation damages, punitive damages, special damages, loss of profits or expected profits, goodwill and lost opportunities. We are not liable for any users actions or omissions while using the Website, or any interactions that occur offline. We do not guarantee or warrant any product purchased via the Website and we are not responsible for quality, shipping, handling, or any disputes between you and a seller of a product. 
  2. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded. The Website is provided AS-IS and without any warranty of fitness for a particular purpose, warranty of merchantability, and warranty of non-infringement. 
  1. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from your breach of any part of these Terms; any allegation that your Content infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or your activities in connection with the using or visiting Website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

X. Dispute Resolution

For any dispute arising out of the breach or alleged breach of these Terms, you knowingly, expressly, and intently waive your rights to a jury or bench trial in a court of competent jurisdiction and agree that, without exception, your only recourse is to submit this matter to arbitration in New York City, NY.

XI. OTHER PROVISIONS

  1. We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
  1. If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. No waiver of any provision in these Terms is effective unless explicitly made in writing and signed by a proper representative of FIGTNY.
  1. If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
  1. This document, and the documents incorporated herein by reference, is the entire agreement between FIGTNY and you. No other oral or written documents are included herein unless expressly noted.
     
  2. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws principles. 
  1. Nothing in these Terms shall serve to constitute the creation of a partnership or joint venture with any user. 

XII. CONTACT INFORMATION 

For inquiries/general assistance, or to provide notice of any copyright claim under 17 USC §512 et seq., please email info@figtny.com. Any email sent for purposes of complying with 17 USC §512 et seq. Must include all relevant information as required by the law and clearly state it is a DMCA Request in the subject line.