FUBU, LLC is an online retail exchange located at the URL www.fubu.com (the "FUBU LLC WEBSITE") that specializes in providing information about products produced, endorsed or sourced by celebrities and available for direct purchase by its visitors (referred to herein collectively as "USERS" or individually as “USER,” “you” or “your”). FUBU LLC provides the FUBU LLC WEBSITE as a service for the convenience and benefit of its USERS.
Third Party Information & Links
All of the content and information relating to the celebrities and/or their products as promoted and identified on the FUBU LLC WEBSITE is provided by the celebrity and/or their third party representatives or other sources (the “Third Party Information”). While FUBU LLC has made certain attempts to ensure the completeness and reliability of the Third Party Information, it cannot guarantee its accuracy at the time of its inclusion, therefore such information is therefore provided "as is" without warranty of any kind. For the avoidance of doubt, FUBU LLC does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the Third Party Information contained on the FUBU LLC WEBSITE. No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard or accuracy of information provided on the FUBU LLC WEBSITE nor to the suitability of the information to your particular circumstances, all of which are specifically disclaimed to the full extent of the applicable law.
The Third Party Information provided on the FUBU LLC WEBSITE is provided by the celebrities, third parties and/or other sources for the sole purpose of advertising and marketing their products and is therefore not within the custody and control of FUBU LLC. The Third Party Information provided by FUBU LLC should not be deemed as an endorsement by FUBU LLC of the product and/or the celebrity. For these reasons, each USER is advised and compelled to conduct its own thorough investigation of the product, celebrity, manufacturers, distributors or other third parties related to the products and product information provided in order to make his or her own determination as to the correctness, reliability and/or accuracy of the information, product and/or celebrity before relying on, purchasing and/or using the information and/or product. USER assumes the risk of not conducting such investigation. The FUBU LLC WEBSITE may contain hypertext markup language that links USERS to other websites owned and/or operated by the celebrities and/or other third parties (“Third Party Links”). Such Third Party Links are provided for the convenience of the USER only. All website content accessed by the USER via Third Party Links is not within FUBU LLC’s control, and FUBU LLC does not take responsibility for the information or content on those third party websites, nor does it endorse the third party website, nor is it associated with the third party entities controlling the websites. Website accessed via Third Party Links are not guaranteed to be free from computer viruses or anything else that has destructive properties, nor does FUBU LLC take responsibility for the collection or use of personal data from any third party website. FUBU LLC is not responsible for advising you when you when you leave the FUBU LLC WEBSITE to access a website via Third Party Links. You assume the risk for accessing Third Party Links.
FUBU LLC Website Access
By visiting the FUBU LLC WEBSITE, USERS agree that the use of the FUBU LLC WEBSITE is at the USERS' sole and absolute risk. FUBU LLC WEBSITE is not guaranteed to be uninterrupted or error free and the FUBU LLC WEBSITE is available strictly on an "as is" basis. FUBU LLC is not liable for any damages or injury caused by the FUBU LLC WEBSITE performance failure, connection failure, error, interruption, deletion, virus, or any other malware inadvertently obtained by the USER as a result of visiting the FUBU LLC WEBSITE.
You may not use any data collected on the FUBU LLC WEBSITE to contact or profile the celebrities, their companies and or affiliates identified on the FUBU LLC WEBSITE or use any of that information for purposes other than that for which it is provided, including without limitation direct marketing, email campaigns, SMS marketing, telemarketing, radio advertisements, blog advertisements and/or direct mailings. You may not use the FUBU LLC WEBSITE to conduct any systematic or automated data collection activity (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the FUBU LLC WEBSITE or the celebrities or products identified thereon without the express written consent of FUBU LLC.
The FUBU LLC WEBSITE is owned by FUBU LLC, and FUBU LLC grants you a license to use the FUBU LLC WEBSITE by virtue of your access. USERS do not, however, acquire any ownership rights to the FUBU LLC WEBSITE or any content contained thereon, including, without limitation, the FUBU LLC IP and the Celebrity IP, as those terms are defined in the next section. Any unauthorized use by you terminates the permission or license granted by FUBU LLC.
Copyright and Proprietary Information
All content and materials on the FUBU LLC WEBSITE, including, without limitation, any copyrights, patents, trademark, proprietary information, page layout, design, scripts (not including open source), innovations, text, graphics, photographic images, logos, press releases and other information are exclusive properties owned by FUBU LLC (the “FUBU LLC IP”). All personal indicia and product, including, without limitation, the copyrights, patents, trademark, proprietary information, biographical information, graphics, photographic images, trade names, signatures, logos, etc. belonging to the celebrities identified on the FUBU LLC WEBSITE is the intellectual property of the celebrities and/or any affiliated entities and associates (the “Celebrity IP”). The FUBU LLC IP and the Celebrity IP are protected under United States copyright, trademark and patent laws as well as other international treaties related to intellectual properties. USERS may not frame or utilize framing techniques to, or otherwise reproduce, duplicate, copy, sell, resell, transmit, distribute or display for subsequent use or otherwise use in whole or part any of the FUBU LLC IP and the Celebrity IP on the FUBU LLC WEBSITE without the prior written consent of FUBU LLC and/or the Celebrity. You may not republish, distribute, prepare derivative works, or otherwise use the FUBU LLC IP or the Celebrity FUBU LLC other than as explicitly permitted herein.
Representations and Warranties
IN CONFORMITY WITH NY CODE §2-316, FUBU LLC DOES NOT MAKE ANY WARRANTY OR GUARANTEE THAT EXTENDS BEYOND THE SCOPE OF THIS DISCLAIMER AND SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTY, MERCHANTABILITY OR USAGE OF TRADE IN THE FUBU LLC WEBSITE OR ANY PRODUCT TO THE FULL EXTENT ALLOWED BY NY CODE §2-314. The FUBU LLC WEBSITE, and all information, products and materials furnished as part of the FUBU LLC WEBSITE, are provided entirely on an “as is” basis. While FUBU LLC endeavors to provide information that is as accurate as possible, it assumes no responsibility for, and make no representations with respect to, the accuracy or completeness of any information, materials or product presented or identified. FUBU LLC expressly disclaims any express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property relating to such information, material or products available for purchase. In no event will FUBU LLC be liable for any and all indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits or revenue, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if FUBU LLC has been advised of the possibility of such damages. Any use of the FUBU LLC WEBSITE is at your own risk. In no event will FUBU LLC or the officers, managers, members, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information and materials available on the FUBU LLC WEBSITE, or products available for purchase thereon. FUBU LLC makes no representations, warranties or guarantees that the FUBU LLC WEBSITE will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and FUBU LLC disclaims any liability relating thereto.
Under no circumstances will FUBU LLC be liable to you for any losses arising out of any event or use of a product that is beyond its reasonable control. You accept that FUBU LLC has an interest in limiting the personal liability of its officers, managers, members, agents, and employees and, having regard to that interest, you acknowledge that FUBU LLC is a limited liability company, and therefore, agree that you will not bring any claim personally against its officers, managers, members, agents, and employees in respect of any losses you suffer in connection with the FUBU LLC WEBSITE, this disclaimer, or any products available for purchase thereon. As such, you will indemnify and hold FUBU LLC, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including without limitation any infringement by you of the copyright or intellectual property rights of any third party; (ii) your use or misuse of the site, or (iii) any damages you incur as a result of any product liability claims.
Law and Jurisdiction
This disclaimer and terms of services shall be governed by and construed in all respects in accordance with the laws of the State of New York, and any claim or dispute arising out of or related hereto shall be subject to the exclusive personal and subject matter jurisdiction of the state and federal civil courts located in the city of New York. You agree to waive any objections you may otherwise have to that jurisdiction.
FUBU LLC reserves the right to discontinue, stop publishing and/or alter any or all of the FUBU LLC WEBSITE at any time in its sole discretion without notice or explanation to the USERS. As such, FUBU LLC may revise this disclaimer from time to time. The revised disclaimer shall apply to the use of the FUBU LLC WEBSITE from the date of publication as and when identified here: October 29, 2015. Any inquiries about the FUBU LLC WEBSITE or its terms and conditions can be directed to email@example.com, or sent to the following address: