Terms of Use

Thank you for visiting FigTreeBooks.net a web site (the “Site”) controlled and operated by Fig Tree Books LLC (“Fig Tree”, “we” or “us”).

Your Acceptance of Terms. Please read these terms of use (“Terms of Use”) carefully before using the Site, because they affect your legal rights and obligations. If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these terms.

Please note that these Terms of Use may be revised and reissued at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on October 15, 2013.

Privacy Policy.  Any information that you provide to us is subject to our Privacy Policy.  Please refer to our Privacy Policy (found here: [Privacy Policy]) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site, you signify your agreement to this Privacy Policy.

Trademarks and Copyrights. This Site and materials incorporated by us on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (collectively, “Copyrights”). Some of the images incorporated by us on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us or others (“Trademarks”). We respect the intellectual property rights of others and ask users of this Site to do the same.

Your Use of Material.  Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content published on this Site for non-commercial, personal, entertainment use on personal computers, mobile devices, tablets or similar devices only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by us. Any authorization to copy Material granted by us in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer, mobile device, tablet or similar device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Disclaimer of Warranties.  YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS SITE AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT FIG TREE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Use of the Site.  Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by us) or privately transmitted on or through this Site are the sole responsibility of the sender, not us, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

System Abuse. Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming”(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

Security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). We shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that we consider insecure, we will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Service. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.

Indemnity. You agree to indemnify and hold harmless Fig Tree and its officers, managers, members employees, agents, advisors, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of your account.

Our Use of Content. We will consider anything you provide to us and/or contribute to this Site as available for our use free of any obligations to you.

By posting or uploading any content to this Site and/or providing any communication or material to us (“User Content”), you automatically and irrevocably: (a) grant and assign to us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by us and/or by any person authorized by us, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint us as your agent with full power to enter into any document and/or do any act we may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that we shall not be liable for any use or disclosure of such User Content.

Third-Party Sites. This Site may link you to other web sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.

We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from us since such other shopping sites are owned and operated by independent retailers. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York.

Any dispute of any kind between you and Fig Tree and any of its managers, members, affiliates, agents and advisors arising under these Terms of Use shall be resolved by binding arbitration in New York, New York, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the entertainment industry and shall follow New York law in adjudicating the dispute.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. Any failure on our part to enforce any provision of this agreement will not be construed as a waiver of our right to enforce such provision. Our rights under this agreement will survive any termination of this agreement. This is the entire and exclusive agreement between you and us relating to the matters contained herein.  This agreement supersedes and replaces any prior agreements between you and us regarding the Site.

You agree that any cause of action related to or arising out of your relationship with us must commence within one (1) year after the cause of action accrues.

We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.

Copyright Complaints and Copyright Agent.

  1. Termination of Repeat Infringer Accounts.  We respect the intellectual property rights and others and request that you do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers.  We may terminate access for users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
  2. DMCA Take-Down Notices.  If you are a copyright owner or agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Privacy@FigTreeBooks.net.
  1. The date of your notification;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or a description of each place where alleged infringing material is located that is sufficient to enable us to locate such work;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, an/or email address;
  5. A statement by you that you have a good faith belief that the disputed use has not been authorized by the copyright owner, its agent, or the law;
  6. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  7. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We seek to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

Questions, Concerns or Complaints.

If you have any issues or complaints with respect to the Site and/or these Terms of Use, please contact us at Info@FigTreeBooks.net.