Terms of Use

Last Updated: July 2, 2015. (the “Site”) is the official website for Fleabags LLC (“Fleabags”, “we”, “us” or “our”). By using the Site (including to purchase products from the Site) or by providing Personal Information (as defined in the Privacy Policy available on the Site) to us, you agree to be bound by these Terms of Use and any other terms or documents referred to herein (collectively, the “Terms”). We encourage you to read the Terms. The Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

1. Modifications to these Terms

From time to time, we may change the terms that govern your use of our Site. Your use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed.

2. Use and Restrictions

2.1 This Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Fleabags, in its sole discretion and without notice or obligation to you, may temporarily or permanently suspend or discontinue any or all access to the Site. We may change, move or delete portions of, or may add to our Site or its Contents (hereinafter defined) from time to time, and these terms cover any subsequent changes or modifications to our Site and/or its Contents.

2.2 Other than for the purchase of merchandise from our Site, our Site and the contents of our Site (the “Contents”) are intended for personal, noncommercial use and you agree that you will not: (a) resell products purchased or make other commercial use of the products, the Site or its Contents; (b) modify, reproduce, publish, transmit, distribute, display, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software; (c) collect or use any product listings or descriptions; (d) use any data mining or similar data gathering methods from the Site; (e) use, frame or utilize framing techniques to enclose any Fleabags trademark, logo or other proprietary information (including images, text, layout or design) without our express consent; or (f) except for your use of the Site as expressly permitted in these Terms, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way. Any unauthorized use of the Site may result in you being banned from using the Site.

2.3 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or the Contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

3. Intellectual Property Rights

The Site and its Contents are protected by copyright, trademark, trade dress and other laws, and Fleabags owns and/or uses with permission all worldwide right, title and interest in and to the Site and its Contents.  You agree not to display or use such trademarks without Fleabags’ expressed permission.

4. User Comments, Feedback and Other Submissions

4.1 Any and all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Fleabags on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Submissions") shall be and remain Fleabags property.  You agree to, if requested by Fleabags, assign and transfer to Fleabags all rights in and derived from the Submissions that you may have including without limitation, all ownership of and rights to use, sell and commercialize the intellectual property and the right to file applications to register such rights. Fleabags is not under any obligation to (a) maintain any Submissions in confidence, (b) pay to you any compensation for any Submission, or (c) respond to any Submissions.

4.2 By making a Submission to the Site, you agree that such Submission does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Fleabags a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Rights for any advertising or marketing of Fleabags products in any medium.

4.3 You further agree that (a) your Submission does not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website, (b) Fleabags may use and/or disclose information in your Submission consistent with the terms of the Privacy Policy, (c) you will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of your Submissions, and (d) you are and shall remain solely responsible for the content of your Submission.

4.4. We take no responsibility and assume no liability for any Submissions posted by you or any third-party.

5. Electronic Communications

You consent to receive electronic communications from Fleabags either in the form of an e-mail sent to you at the e-mail address provided to us or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such e-mail or posting on the Site shall satisfy any legal requirement that such communication be in writing.

6. Site Transactions

6.1 All product sales from the Site are also governed by the terms posted in the Customer Care section of this Site, including regarding Ordering, Shipping, Returns and Repairs.  You should refer to such policies and review the same. By ordering and/or accepting delivery of the products, you agree to be bound by said policies.  Such policies are subject to change without notice.

6.2 We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when the order was submitted on the Site.

7. Site Contents

7.1 Any content (including prices) offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance related to the Site.

7.2 Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site, except as required by law.

8. Third Party Links

Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. Warranties and Disclaimers

The Site and the Contents are provided (a) on an “as is” and “as available” basis, (b) for general information only and (c) with no guarantee or warranty of any kind. To the maximum extent permitted by law, Fleabags disclaims all representations, warranties and conditions, express or implied with respect to the Site, the Content and any products or services, including without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, durability, title, non-infringement, and implied warranties or conditions arising from course of dealing or performance.  Any reliance on the material on this site is at your own risk.

10. Limitation of Liability

To the maximum extent permitted by law, in no case shall Fleabags, its directors, officers, employees, agents, contractors, interns, suppliers, and service providers (the “Fleabags Group”) be liable for injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, howsoever arising, including without limitation through contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with your access to (or inability to access) or use of the Site and its contents. Such exclusion shall apply even if Fleabags has been previously advised of the possibility of such damage. All conditions, warranties and other terms which may be implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law. Nothing in the Terms shall exclude or limit our liability for death or personal injury arising from our negligence, any breach of the obligations implied by applicable law, or for any fraud, or fraudulent misrepresentation or any other liability to the extent it cannot be waived or limited under applicable law.

11. Indemnification

You agree to indemnify, defend and hold harmless the Fleabags Group from and against any and all losses, damages, injuries (including death), causes of action, claims, demands, liabilities and expenses (including, without limitation, based upon tort, breach of contract, patent or copyright infringement, trade secret misappropriation, failure to pay employee taxes or withholdings, or otherwise), including reasonable legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from (a) your breach of the Terms, (b) your violation of any law or the rights of a third-party, (c) your use of the Site, (d) your Submissions and any Personal Rights contained therein.

12. Miscellaneous

12.1 These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York. Fleabags reserves the right to bring proceedings against you for breach of these Terms of Use in your State of residence or any other relevant State.

12.2 If any provision of these Terms of Use are held to be invalid, illegal or unenforceable in any jurisdiction, the same will not affect the effectiveness or validity in other jurisdiction or the effectiveness of any other provision herein.

12.3 If you have any concerns about the Site or these Terms, please contact us by emailing or by writing to:

250 44th St., Suite 216
Brooklyn, NY 11232