Last Updated October 11, 2011
The following terms and conditions govern your use of and access to the FB Productions, LLC website, www.figurebaby.com ("Site"). These Terms and Conditions also govern your membership to Site if you become a member ("Subscriber"). By accessing, using, viewing, reading, printing, installing, or downloading any material to or from the Site, or by becoming a Subscriber to the Site, you agree to be bound by these Terms and Conditions.
These Terms and Conditions are subject to change by the Site. The date of any such updates will be indicated at the top of this page. Your use of the Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, you must exit the Site immediately and you may not use or access the Site or print or download any materials from it. You may use and access the Site only in accordance with these Terms and Conditions.
You represent and warrant that you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the Site immediately and may not use or access the Site or print or download any Materials from it.
Subscription fees. You are responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable.
Unless and until this agreement is canceled in accordance with the terms hereof, you hereby authorize FB Productions, LLC to charge your credit card (or other approved facility) to pay for the ongoing cost of membership. You hereby further authorize FB Productions, LLC to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by the Site.
Once you become a Subscriber, you will have a unique user name and password which you must provide in order to gain access to the non-public portion of Site. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to (1) immediately notify Site of any unauthorized use of your user name and password or any other breach of security, and (2) to ensure that you exit from your account at the end of each session. FB Productions, LLC will not release Subscriber passwords for any reason, except as may be specifically required by law or court order.
Payment for the Site membership may be made by automatic credit card charge. Your membership will be automatically renewed for the original term upon expiration, unless FB Productions, LLC is notified via email at least 3 days prior to membership expiration.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
Subscription to the Service may be terminated at any time, and without cause, by either you, or FB Productions, LLC, upon notification of the other by electronic mail, or by telephone. When termination is requested by a Subscriber, subscription fees are NOT refunded. Subscribers are liable for all charges incurred by them until termination of service.
You are responsible for providing all personal computer and communications equipment necessary to gain access to Site.
Any liability of FB Productions, LLC, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by you to FB Productions, LLC for membership to the Site for the preceding 12 months.
No warranty is made by FB Productions, LLC regarding any information, services, or products provided through or in connection with the Site, and FB Productions, LLC hereby expressly disclaims any and all warranties, including without limitation 1) any warranties as to the availability, accuracy, or content of information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose.
The material on Site is for the private, non-commercial use of Subscribers only. Any other use is strictly prohibited.
The agreement shall be governed pursuant to the laws of the State of Oregon without regard to its conflicts of laws principles, and you agree to the exclusive venue of the appropriate federal or state court in Multnomah County, Oregon for resolution of any dispute under this agreement.