Terms and Conditions
Description of Service
FIGURE THIS, LLC currently provides 2-dimensional and 3-dimensional photography services designed to enable the sale of personalized digital and physical products for commercial and consumer client (“Service”). Client must visit in person at our studio, or any vendor event to be photographed in order to purchase any personalized digital or physical products. These websites enable the composition of personalized products by allowing the client to select a product style and template after having been successfully photographed in person at our studio or any vendor event. FIGURE THIS, LLC partners with other companies to fabricate orders. Client understand and agrees that the service is provided “as-is” and that FIGURE THIS, LLC assumes no responsibility for timeliness, deletion, or mistaken delivery of orders, or the failure to store any client communications or personalization settings.
3-Dimensional Photography Guidelines
FIGURE THIS, LLC will make every effort to ensure that each 3-dimensional photography session is successful. There are clothing types and objects that are not recommended for our scanner. FIGURE THIS, LLC will not be responsible for an undesirable digital image, or damage caused to physical 3-dimensional products for failure to wear the recommended type of attire. The following objects and clothing are not recommended for a 3-dimensional photography session. Narrow objects, including but not limited to, high heel shoes, poles, or similar. Body parts that exceed the 3-foot diameter boundary within the 3-dimensional photography equipment will not be guaranteed. Shiny fabrics, or any objects that create a reflection from the camera flashes. Sheer fabrics such as lace or tulle.
Warning: 3D photography booth contains flashing lights which may not be suitable for photosensitive epilepsy. Descretion is advised.
Client grants FIGURE THIS, LLC and its designated agents the right to use any and all images the client agrees to take with 2-dimensional or 3-dimensional photography equipment that is the property of FIGURE THIS, LLC. Client grants FIGURE THIS, LLC the right to display any image(s) (digital or physical) taken by the client to the site, and any orders Client composes on the site as an example of customer orders. It is illegal to copy, photograph, transcribe, reproduce or otherwise record in any manner this Internet Site, or any part thereof, without the prior written consent of FIGURE THIS, LLC. All materials including images, illustration, designs, icons, photographs, written content and other materials that are part of this Internet Site are the property of FIGURE THIS, LLC. This Internet Site contains software and other proprietary material that may not be reverse engineered, decompiled, disassembled or otherwise reproduced, in whole or in part.
Client hereby assigns full copyright of any and all 2-Dimensional and 3-Dimensional photographs to Figure This LLC (and the related representatives and assigns) together with the right of reproduction either wholly or in part. The Client grants to the Figure This LLC or licensees or assignees the permission to the above-mentioned photographs either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of the Client, or where the Client may be included for editorial trade, product advertising and such other fashion /business purpose in any manner and medium and without any form of compensation to the client. Figure This LLC and licensees or assignees may have unrestricted use of these photographs for whatever purpose, including advertising, with any retouching or alteration without restriction. Client agrees that the above mentioned photographs and any reproductions shall be deemed to represent an imaginary person, and further agree that Figure This LLC or any person authorized by or acting on behalf of Figure This LLC may use the above mentioned photographs or any reproductions of them for any advertising purposes or for the purpose of illustrating any wording, and agree that no such wording shall be considered to be attributed to the Client personally unless the Client name is used.
Provided Client name is not mentioned in connection with any other statement or wording which may be attributed to the Client personally, the Client undertakes not to Prosecute or to institute proceedings, claims or demands against either Figure This LLC or agents of Figure This LLC in respect of any usage of the above mentioned photographs. Client hereby releases Figure This LLC and its agents from all claims and liability relating to images, video or photographs taken of the Client.
Client acknowledges that this site is not intended to be a permanent archive for images, content, or finished orders. Any images or completed orders uploaded to, or stored on this site may be deleted at any time. FIGURE THIS, LLC will not be held liable for losses caused by the deletion of Client’s images, content, or finished orders.
Prices charged by the site are subject to change without notice. Prices are not guaranteed for a particular order until the Client’s credit card has been successfully charged for the order.
Because each item is custom-made, returns are not accepted. All sales are final. Products are sold “as-is”.
Order Cancellation for purchases of 3-Dimensional physical products
Product fabrication will begin 72 hours after client has taken a photograph with the 3-dimensional photography equipment provided by FIGURE THIS, LLC, and successfully provided payment in full for a physical 3-dimensional product. Customer may cancel a paid-in-full order during the 72 hour window prior to product fabrication by sending an email to email@example.com. Customer must provide the order number, customer name, and email address in order to cancel their order and receive a refund. Session fees will not be refunded. Once product fabrication begins, or after the 72 hour window is complete, all sales are final. Orders placed (and paid-in-full) on the site, over the phone, or in store more than 72 hours after the client has taken a photograph with the 3-dimensional photography equipment provided by FIGURE THIS, LLC will begin fabrication immediately and are not eligible for cancellation, and any money paid will not be refunded.
Purchases made for 2-dimensional physical products are not refundable. All sales are final Purchases made for 2-dimensioanl or 3-dimensional are not refundable. All sales are final. Session fees paid prior to taking a 2-dimensional or 3-dimensional photographs are not refundable. All sales are final.
Physical 3-dimensional printed product defects
Client will receive tracking information when product has been shipped. Client must notify FIGURE THIS, LLC no more than 24 hours after receiving their product of any defects or damage that may have occurred during shipping. FIGURE THIS, LLC may replace damaged or defects to any physical 3-dimensional product at no charge to the customer if notified of the damage or defect within 24 hours of delivery of the product. The decision to replace any product is at the sole discretion of FIGURE THIS, LLC.
Digital image defects
FIGURE THIS, LLC will make every effort to ensure that your 3-dimensional photography session is successful. It is possible that even after following all recommended guidelines, a printable image may not be possible. In this event, FIGURE THIS, LLC will refund any payment made toward the purchase of this 3-dimensional physical product. FIGURE THIS, LLC will notify the customer of the inability to produce the physical product and refund payment less any session fees that may have been paid (See Refund Policy).
Accuracy of Colors
FIGURE THIS, LLC strives to render orders as accurately as possible during the order entry process. However, Client acknowledges that colors in the actual printed product may vary due to monitor settings, data transmission errors, rendering engine errors, printer variation, and other factors. Client acknowledges that delivered product may not be an exact color match to the rendered image on the internet site. Client indemnifies FIGURE THIS, LLC for any costs Client incurs as a result of variances in color reproduction including, but not limited to, returns, lost income, discounts, and punitive damages.
Client agrees to not to take photos containing Offensive Content. Offensive Content includes images or text that are (1) obscene, slanderous, deceptive or pornographic (2) offensive to or disparaging of racial, ethnic, religious, or other groups, (3) inflammatory, (4) defined as obscene or offensive by applicable local, state or federal laws, (5) advocates illegal activities or (6) is harmful to minors in any way. Client agrees that FIGURE THIS, LLC may determine at their own discretion what content it deems Offensive Content. Client agrees that FIGURE THIS, LLC may choose to not produce any order that contains Offensive Content.
FIGURE THIS, LLC makes no representation, express or implied, regarding any product featured in this Internet Site. FIGURE THIS, LLC expressly disclaims any implied warranties of merchantability or fitness for a particular purpose. Furthermore, FIGURE THIS, LLC shall not be liable for any losses, liabilities, or damages, including direct, indirect or consequential damages (including, but not limited to, damages for lost revenue, lost profits, business interruption, and the like) arising from the use of or related to any product purchased form this Internet Site.
Limitation of Liability
This Internet Site is provided “as-is.” FIGURE THIS, LLC shall not be liable for any direct, indirect or consequential damages (including, but not limited to, damages for lost revenue, lost profits, business interruption, lost information or data, computer interruption, and the like) arising from or related to the use of or inability to use this Internet Site. FIGURE THIS, LLC and its subsidiaries expressly disclaim any implied warranties of merchantability and fitness for a particular purpose. It is a violation of Federal and international law to use this Internet Site in any manner other than as presented herein. The descriptions, suggestions, recommendations and other statements provided by FIGURE THIS, LLC are for informational purposes only. FIGURE THIS, LLC makes no representation or warranty, express or implied, regarding any product or product description. FIGURE THIS, LLC shall not be liable for any direct, indirect or consequential damages arising from use of or reliance upon the description, suggestions, recommendations or other statements contained on this site.
Credit Card Transaction Processing
Client authorizes FIGURE THIS, LLC to process payment for orders at the time orders are placed. This means Client’s credit card will be authorized and charged at that time.
Computer Equipment and Access
Client agrees to cover all costs associated with Client’s access to this Internet Site. This includes Client’s computer equipment, Internet access, telephone service and software.
If any provision(s) of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect in any way (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
Act of God
FIGURE THIS, LLC shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire explosion, earthquakes, interruptions of electrical service, or any other cause beyond reasonable control of FIGURE THIS, LLC. Entire Agreement This agreement compromises the entire agreement between Client and FIGURE THIS, LLC and supersedes any prior or previous agreements between us.
We collect personally identifiable information about you that you specifically provide to us. This includes, for example, the data you provided when you request further information, sign up for service, respond to a survey or visit our studio.
We use this information:
- To provide you with the products, services or benefits you request
- To develop and improve our products and services
- To improve the content of our site and its usefulness to you
- For marketing and promotional purposes
We may contact you by postal mail, email or telephone to inform you about products and services, including special promotions and coupons, which we think may be of interest to you. If you do not want to be contacted by FIGURE THIS, LLC for promotional purposes, you may indicate your preference by mailing a written request to: Attention: Marketing Unsubscribe, 13824 Cornwall Station Ct, Gainesville, VA 20155. Please indicate which name, address, phone number & email address you would like to have removed from our mailing list.
What information is collected? Information That You Provide To Us
We collect information you provide when you visit our physical studio, register with us, open an account, place an order, upload photos, invite others to view your photos, send us an email or call us, enter a sweepstakes or enroll in a club or service. This information may include the following:
- Your name
- Your postal address
- Your email address
- Your phone number
We encourage you to read this document carefully as it affects your legal rights, and describes the terms and conditions under which you can use our website. Client agree to comply with these Terms and Conditions, which FIGURE THIS, LLC may change from time to time without notice to Clients. Clients acknowledge any changes to the Terms and Conditions are immediately effective upon being published to this Internet Site.