Terms & Conditions

Terms of use

Access and use of Active Figure web site is currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms "Active Figure", "we", "us", and "our" refer to Active Figure, Inc. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.

Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion

You are at least 18 years old or you are visiting Active Figure under the supervision of a parent or guardian. Active Figure grants you a limited and revocable license to use the Active Figure website for the purpose of shopping online with the Active Figure. You may not copy, reproduce, distribute, display, create derivative works from, translate, modify, reverse-engineer or otherwise exploit Active Figure or any portion of it. You may not make any commercial use of any information provided on Active Figure or make any use of Active Figure for any commercial benefit.

Active Figure reserves the right to refuse service, terminate accounts and/or cancel orders or portions there of in its discretion, including, without limitation, if Active Figure determines that any customer conduct violates applicable law or is harmful to the interests of Active Figure. You will not upload to, distribute or otherwise publish through Active Figure any information or material that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or includes any viruses, worms, Trojan horses or other harmful code or properties. In using the Active Figure site you may be required to select a password and account identification. You are solely responsible for protecting the security and confidentiality of this password and identification. You will be responsible for all activities that occur under your account and password, whether or not such use is actually authorized by you.

Payment transaction processing

Active Figure facilitates the processing of purchases made by you on ActiveFigure.com You authorize Active Figure to process payment transactions on your behalf or to pass the payment transaction information and shipping or other information on to the partners and suppliers. You also authorize adjustments or reversals to be made to your payment method (credit card, debit card or other means of payment) in connection with returns, cancellations, reversals, refunds or other adjustments.

Copyright and patents

All content included on Active Figure including text, graphics, button icons, images and software belongs exclusively to Active Figure.com or it's affiliates. The collection, arrangement, and assembly of all such text, graphics, button icons, images and software belongs exclusively to Active Figure and is protected by United States and international copyright laws.

Trademarks

Active Figure and other logos, service or trade names used on Active Figure are registered trademarks, trademarks or service marks of Active Figure, its affiliated corporate entities or its partners and suppliers. The use of any Active Figure trademark or service mark is prohibited without the prior written consent of Active Figure.

Risk of loss

The risk of loss and title for items purchased by you pass to you upon the delivery of the items to the carrier.

Termination and effect of termination

In addition to any other legal or equitable remedy, Active Figure may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of Active Figure and Active Figure may revoke any password(s) and/or account identification issued to you and deny you access to and use of Active Figure. Any such action shall not affect any rights and obligations arising prior thereto.
We are not responsible for any typographical errors and we reserve the right to terminate any transaction that is associates with the error.

Disclaimer and limitation of liability

The products offered for sale on Active Figure and the transactions conducted upon and through it are provided to you on an "as is" basis. Active Figure makes no representation of any kind, express or implied, as to the operation of Active Figure or the information, content or products presented on Active Figure. To the extent allowed by law, Active Figure disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and systems integration. Active Figure may include inaccuracies, mistakes or typographical errors.

To the extent allowed by law, Active Figure will not be liable for any damages of any kind arising from your use of Active Figure including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages. To the extent allowed by law, the total liability of Active Figure to you for any damages will not exceed the total amount of money actually paid by you during the eight (8) weeks immediately before the act giving rise to the alleged responsibility of Active Figure.

Product information

We do everything we can to ensure the accuracy of the product information or prices displayed, but occasionally, errors occur. Please notify Active Figure of any information or pricing inaccuracies so that we will do our best to correct the problem. We apologize for any inconvenience this may cause.

Remedies

The remedy of Active Figure at law for any actual or threatened breach of these terms and conditions would be inadequate and Active Figure will be entitled to specific performance or injunctive relief, or both, in addition to any damages that Active Figure is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Active Figure shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No waiver by Active Figure of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Applicable law

The laws of the State of New York will govern these terms and conditions without giving effect to any principles of conflicts of laws.