Terms of service

TERMS OF SERVICE

OVERVIEW
Welcome to F & C Studio! Throughout the site, the terms “we”, “us” and “our” refer to F & C Studio. F & C Studio operates this store and website, including all related information, content, features, tools, products, and services to provide you (the customer) with a curated shopping experience (the “Service”). F & C Studio is powered by Shopify, which enables us to provide the Service to you.

The following Terms of Service, together with any policies referenced herein (collectively, these “Terms of Service” or “Terms”), set forth your rights and responsibilities when using the Service.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover disclaimers and limitations of liability.

By accessing, using, or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not access or use our Service.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Service on devices you own, purchase, or manage.

To use the Service, including accessing or browsing our online store or purchasing any products or services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to display the colors and images of our products and services as accurately as possible in our online store. However, please note that actual colors or product appearance may vary depending on your device settings and configurations.

We do not warrant that the quality or appearance of any products or services purchased by you will meet your expectations, or match exactly what was presented in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products or services offered to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. F & C Studio reserves the right to accept or reject your order for any reason at its sole discretion. Your order is accepted only upon confirmation by F & C Studio. We must receive and process your payment before your order is accepted. Please double-check your order before submitting it, as F & C Studio may not be able to accommodate cancellation requests once accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are eligible for return or exchange only in accordance with our Return Policy.

You represent and warrant that your purchases are for your personal or household use only, and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless explicitly stated otherwise, posted prices do not include taxes, shipping, handling, custom duties, or import fees.

Prices posted in our online store may differ from prices in physical stores, third-party marketplaces, or other channels. We may offer promotional activities from time to time that may affect pricing and are subject to terms separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (1) credit card information you supply is true, correct, and complete, (2) you are duly authorized to use such credit card for the purchase, (3) charges incurred by you will be honored by your credit card company, and (4) you will pay charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery estimates provided are estimates only and cannot be guaranteed. We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control. Title and risk of loss pass to you once we transfer the products to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY
Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by F & C Studio, its affiliates, or licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent. Except as expressly provided, nothing in these Terms shall be construed as conferring any license or right under any patent, trademark, copyright, or other intellectual property rights of F & C Studio, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by F & C Studio.

The name F & C Studio, logos, product and service names, designs, and slogans are trademarks of F & C Studio or its affiliates/licensors. You must not use such marks without prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Service are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools as part of the Service over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Service may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access these third-party sites, you do so at your own risk.

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.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
F & C Studio is powered by Shopify, enabling us to provide the Service to you. However, any sales and purchases made in our store are directly between you and F & C Studio. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and F & C Studio, including any injury, damage, or loss resulting from purchases of products or services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases or transactions with F & C Studio.

SECTION 10 - PRIVACY POLICY
All personal information collected through the Service is subject to our Privacy Policy. Because the Service is hosted by Shopify, Shopify processes personal information regarding your access and use of the Service to provide and improve the Service. Information you submit to the Service will be transferred to Shopify and third parties that may be located in countries outside of your residence. Please review our Privacy Policy to learn more about how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

You represent and warrant that (1) you own or hold all necessary rights to all Feedback; (2) you have disclosed any compensation or incentives associated with submitting Feedback; and (3) your Feedback complies with these Terms. We are under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Service or any related website.

SECTION 14 - AGENTS
14.1 If you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Service, this section applies. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of any individual or entity.
14.2 No Agent may access, use, or interact with the Service unless it identifies itself at all times and strictly complies with Section 14.4.
14.3 We may restrict any Agent from accessing or using the Service through technical measures or otherwise.
14.4 Agents must: (1) identify in all HTTP/HTTPS requests that the request is from an Agent and include "Agent/[Agent Name]" in the User-Agent header; (2) not conceal or obscure that access originates from an Agent; (3) truthfully respond to prompts aimed at determining human vs. computer interaction; and (4) not bypass measures meant to restrict Agent access.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Service at any time, without notice, in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The Service and all products provided through the Service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 17 - LIMITATION OF LIABILITY
In no case shall F & C Studio, our directors, officers, employees, affiliates, agents, contractors, or licensors, or Shopify, be liable for any 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.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless F & C Studio and Shopify, and our affiliates, partners, officers, directors, agents, contractors, licensors, and service providers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.

SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, United States.

SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at fcluckyinc@gmail.com.

Our contact information is posted below:

F & C Studio
Email: fcluckyinc@gmail.com
Address: 2556 E 21st St, Brooklyn, NY 11235