Terms and Conditions

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE FME JEANS LLC SERVICE, (REFERRED TO HEREIN AS WWW.FMEJEANS.COM) BY USING THE SERVICE, YOU AGREE TO THIS END USER AGREEMENT, WHICH INCLUDES THE FME JEANS LLC PRIVACY POLICY AND OTHER POLICIES AND GUIDELINES OF FME JEANS LLC.

The Service is only offered to individuals who are 18 years of age and over. If you do not agree to these terms of this Agreement please do not use the Service. We reserve the right, at our discretion, to change or modify the terms and conditions of this Agreement at any time. Please check these terms periodically for changes and or updates. Your continued use of any part of the Service following the posting of changes to these terms and conditions indicates your acceptance of those changes.

1. Purchase Grant

Subject to the terms and conditions of this Agreement, FME JEANS LLC grants to you permission to purchase and use FME JEANS solely for non-commercial and personal purposes.

2. Ownership

You acknowledge that WWW.FMEJEANS.COM is the property of FME JEANS LLC and is protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to "Intellectual Property Rights". "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including without limitation, moral or similar rights. All rights not expressly granted hereunder are expressly reserved to FME JEANS LLC.

3. Content and Infringement

You understand that all third party content, including, without limitation all FME JEANS LLC offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through WWW.FMEJEANS.COM ("Content"), whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. WWW.FMEJEANS.COM controls all Content. You understand and agree that by using the WWW.FMEJEANS.COM website, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will FMEJEANS LLC or WWW.FMEJEANS.COM, or its licensors be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Service. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Service, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.

In addition, all Content including, but not limited to photography and videos made available or accessed through the use of the WWW.FMEJEANS.COM website is the property of FME JEANS LLC and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights. Further, all of the people included in the photos and videos grants and assigns to FME JEANS LLC all right, title, and interest in and to the Photographs, and Videos including, but not limited to copyright. It is understood and agreed that the Photographs and any associated negatives and digital images shall be the sole property of the FME JEANS LLC and [he][she] shall have no right to: (i) inspect or approve the Photographs; (ii) inspect or approve the Videos (iii) inspect or approve any text, graphics, images, or other content created in connection with or combined with the Photographs and/or Videos or (iiii) receive any royalties or other compensation arising from or related to the Photograph Use.

Finally, any suggestions, ideas or innovations that you voluntarily and optionally disclose to us through any means may be used or not used, at FME JEANS LLC sole discretion, and FME JEANS LLC will have no obligation to pay to you for any such suggestions, ideas, inventions and/or images in any format on any platform. By submitting video/videos and/or photography you hold FME JEANS LLC harmless and guarantee you have the right and permission of the people in those videos and photographs to use and publish their images. Any use of the name Fme or Fme Jeans without the express written consent by FME JEANS LLC is considered to be trademark infringement.

4. Privacy

You consent to the use and collection of your information in accordance with FME JEANS LLC privacy policy. This Privacy Policy is part of this Agreement and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights.

5. Information Submission

By the user submitting his/her personal and/or financial information on WWW.FMEJEANS.COM, the user is hereby granting written permission to FME JEANS LLC, its affiliated sites, sponsors, etc. for contact information.

6. Indemnification

You are entirely responsible for maintaining the confidentiality of the information you provided to us. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless WWW.FMEJEANS.COM, its parents, affiliates and subsidiary companies, officers, directors, members, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the WWW.FMEJEANS.COM website, your violation of the terms of this Agreement or your infringement, or infringement by any other user through your account, of any Intellectual Property Right or other right of any person or entity. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.

7. Disclaimer of Warranty

YOUR ACCESS AND USE OF THE WWW.FMEJEANS.COM WEBSITE AND ANY CONTENT AT YOUR SOLE RISK.WE PROVIDE THE SERVICE AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH THE SERVICE OR THE CONTENT. NEITHER WE NOR OUR DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.

8. Termination

We may terminate this Agreement or cease offering the WWW.FMEJEANS.COM service at any time and for any reason in our sole discretion.

9. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WWW.FMEJEANS.COM, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE SERVICE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF EXACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL PROTECTED PARTIES' MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER OF FIFTY DOLLARS ($50) OR THE REVENUE EXACT ACTUALLY RECEIVED DIRECTLY ATTRIBUTABLE TO THE SOFTWARE ON YOUR COMPUTER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the United States. To the extent you have in any manner violated or threatened to violate FME JEANS LLC intellectual property rights, FME JEANS LLC may seek injunctive or other appropriate relief in any court of competent jurisdiction and you irrevocably consent to jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the FME JEANS LLC products and website Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Successor Agreements

The terms of this Agreement may change from time to time. You should check back at WWW.FMEJEANS.COM regularly to determine if any material changes have been made. We will prominently post material changes on the WWW.FMEJEANS.COM website. You agree that your continued use of FME JEANS LLC products and/or services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, do not access or use the Service.

12. General

This Agreement, as modified from time to time as described above, and including the WWW.FMEJEANS.COM Privacy Policy, guidelines and policies incorporated by reference, sets forth the entire understanding and agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access and use of WWW.FMEJEANS.COM if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason, you agree to cease all use of the Service. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by FME JEANS LLC or acts as estoppel against later enforcement. This Agreement constitutes the entire agreement between you and FME JEANS LLC with respect to the specific subject matter addressed herein, and governs your use of the Service, superseding any prior agreements between you and FME JEANS LLC or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with FME JEANS LLC or its affiliates or related entities pursuant to a registration to access additional software or services provided by FME JEANS LLC. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of FME JEANS LLC. Any purported assignment without such consent will be null and void. FME JEANS LLC shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Service resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of FME JEANS LLC. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. All provisions of this Agreement that are intended to survive expiration, cancellation or termination of this Agreement shall so survive. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.