This agreement contains the terms and conditions (the “Terms of Service”) under which www.blog.fitzroytoys.com (“HR”, “we”, “us”, “our”) offers you (the “user” or “you”), access to its website www.blog.fitzroytoys.com (the “Site”) and HR’s Services (as defined below). Among other things, these Terms of Service describe the user’s responsibilities and limit HR’s liability. Before using any of the Services, please read all these Terms of Service and the Site carefully. In the event of any conflict between these Terms of Service and any other provisions set forth in the Site, these Terms of Service will control.
**2. CHANGES TO TERMS OF SERVICE** HR reserves the right, in its sole discretion, to amend these Terms of Service at any time upon posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The user’s continued use of the Site and the Services following HR’s posting of any changes will constitute the user’s acceptance of such changes.
**3. HR SERVICES** HR’s services, which are available on the Site help you find and browse information related to fashion and style, and allow you to submit information to the Site, and enjoy a wide variety of other content for your own use and for viewing by other users (the “Services”). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Service. These Terms of Service apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by HR. HR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. HR will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve HR from any and all liability arising from your use of any third-party website.
**4. ELIGIBILITY** You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a HR member or to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Service. However, you must be 13 years or older to use the Site in compliance with the Children’s Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site or Services. The Site and Services are administered in the United States and are intended for US users. Any use outside of the United States is at the user’s own risk and international users are responsible for compliance with local laws.
**6. RIGHTS TO USE** Subject to the Restrictions on Rights to Use in these Terms of Service, HR hereby grants you permission to use the Site and Services, provided that
**7. RESTRICTIONS ON RIGHTS TO USE** You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Site or Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:
**8. USER SUBMISSIONS** We encourage you to submit to the Site a variety of content (“User Submissions”). You understand that whether or not such User Submissions are published, HR does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
**In connection with User Submissions, you further agree that you will not:**
HR does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and HR expressly disclaims any and all liability in connection with User Submissions. HR reserves the right to remove User Submissions without prior notice. HR will also terminate a User’s access to the Site, if they are determined to be repeat offenders. HR also reserves the right to decide whether User Submissions are appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. HR may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that HR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HR with respect thereto, and agree to indemnify and hold HR, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
**9. INTELLECTUAL PROPERTY RIGHTS** The content on the Site, with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to HR, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HR reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to HR, you hereby grant HR a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and HR’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the HR Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.
**10. COPYRIGHT INFRINGEMENT POLICY** HR does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and HR will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Any feedback, comments, requests for technical support, and other communications should be directed to HR customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. It is HR’s policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
**11. DISCLAIMER.** HR contains strictly opinion-based information. The content of the Site is fact-checked to the best of our abilities but will, no doubt, contain errors of typing, spelling, intent, rumor, presumption, but never errors of style (we think). You might disagree with our choices and that’s fine with us. Just don’t expect us to always know what shoes should go with your new dress–even if it’s a big event–because we can’t swear we’ll be right. Additionally, HR participates in affiliate programs whereby companies sell products through links provided on the Site. In return, HR is paid a varying percentage of the sales price of sales originating from the Site. HR is committed editorial integrity and honesty and by no means does its affiliate program affect what we choose to cover, or what we say in our editorial coverage.
**12. DISCLAIMER OF WARRANTIES** HR’S SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HR MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) HR MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (b) HR MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES HR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE; (c) HR DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; (d) HR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) HR EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF HR. Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
**13. LIMITATION OF LIABILITY AND REMEDIES** (a) UNDER NO CIRCUMSTANCES WILL HR OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THESE TERMS OF SERVICE OR HR’S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, HR’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, ONE HUNDRED U.S. DOLLARS ($100.00). (b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL HR OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH HR’S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. (c) Caveat. Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
**14. INDEMNIFICATION** You agree to indemnify and hold HR, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to
**15. NO AGENCY** You and HR are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.
**16. ASSIGNMENT** You may not assign these Terms of Service or any of your rights hereunder to a third person without first obtaining our express written consent.
**17. TRADEMARKS** (a) HELLO RECESS by Fitzroy, HELLO RECESS, and HELLORECESS.COM, are trade or service marks of HR. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by HR, in any manner that is likely to cause confusion or in any manner that disparages or discredits HR. (b) The use of any name, trademark, tradename, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.
**19. GENERAL INFORMATION** (a) Governing Law. THESE TERMS OF SERVICE, AND ALL ASPECTS OF THE RELATIONSHIP AND DEALINGS BETWEEN YOU AND HR, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, I.E., AS SUCH LAW IS APPLIED TO TERMS OF SERVICES, RELATIONSHIPS OR DEALINGS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF CALIFORNIA. IF YOU ARE UNWILLING TO HAVE CALIFORNIA LAW APPLIED, DO NOT USE THE SITE. If any provision of these terms of service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. (b) Complete Terms of Service. These Terms of Service and the materials expressly incorporated herein by reference constitute the full and complete Terms of Service between you and HR. You and HR have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to these terms of service are permitted or valid. (c) JURISDICTION. ANY LAWSUIT THAT ARISES BETWEEN YOU AND HR IN CONNECTION WITH OR RELATED TO THESE TERMS OF SERVICE, THE SITE OR THE SERVICES SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS IN THE CITY AND COUNTY OF LOS ANGELES. YOU AND HR EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS. (d) Section Headings. The section titles of these terms of service are for convenience only and have no legal or contractual effect.
**20. TERMINATION** HR may, in its sole discretion, terminate these Terms of Service and your use or access to the Site immediately and without notice for any reason.
The effective date of this agreement is December 1, 2014.
**PURPOSES OF COLLECTING PERSONAL INFORMATION ABOUT USERS** Our primary goal in collecting personal information is to:
We collect the following types of information from our users:
A. Information You Provide to Us:
We may receive and store any information you enter on our websites or provide to us in any other way, such as your nickname, name, email address, and other information you provide. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features, such as posting comments to our websites, creating a user profile or receiving email alerts. In order for you to use certain parts of our websites or take advantage of certain HR services, you may be required to complete a registration form and provide the requested information about you. Required information for all sites includes a nickname, email address and password. When you use our websites, you may, among other things, set up your profile, form relationships, send messages, perform searches and queries, comment and transmit information through various channels. In most cases, we retain your information so that you can return to view saved lists or sent messages. When you update your information, we usually keep a back-up copy of the prior version. You post information at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that information you post on the website will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the website. You understand and acknowledge that, even after removal, copies of your information may remain viewable in cached and archived pages or if other users have copied or stored your information.
B. Automatic Information:
We may receive and store certain types of information whenever you interact with us. HR may automatically receive and record certain “traffic data” on our server logs from your browser including your IP address, HR cookie information, the page you requested, and your communications and interaction with our other website registrants. HR uses this traffic data to, among other things, help diagnose problems with its server, analyze trends and administer our websites. Generally, our service may automatically collect usage information, such as the numbers and frequency of visitors to our websites and its components. This data is used in the aggregate, as a statistical measure, and not ordinarily in a manner that would identify you personally. This type of collective data enables us to figure out how often users use parts of our websites, so we can make our websites appealing to as many users as possible. In addition, we may provide statistical information to our partners about how our users, collectively, use our websites. We share this type of statistical data so that our partners also understand how often people use their areas and our websites, so that they, too, may provide you with an optimal Web experience. We also collect and use information for internal purposes. For example, if you are a registered user of the HR email and/or subscription based services, we may keep records in your account history of your complaints about other registered users online behavior, and any reported violation of our Terms of Service that you or someone on your account may have committed. Many companies offer programs that help you to visit websites anonymously. While HR is not able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.
C. Email Communications:
We may receive confirmation via HTML code when you open an email from HR. We may also send out emails with news or promotions. If you do not want to receive email or other mail from us, please notify us by email at email@example.com and include sufficient information for us to identify your account.
D. Information from Other Sources:
For purposes such as improving personalization of our service, we may receive information about you from other sources and add it to our account information, including details of the purchases (and any associated returns) you make at retailers where you were referred by us (excluding any credit card information).
**WHAT ABOUT COOKIES?**
**WILL HR SHARE ANY OF THE INFORMATION IT RECEIVES?**
We neither rent nor sell your personal information to anyone. We share your personal information only as provided herein or with your consent, to the entities that are controlled by HR or to the entities described below:
A. Affiliated Business We Do Not Control:
We are affiliated with a variety of businesses and work closely with them. Under certain circumstances these businesses operate within our websites or sell items to you within our services; in other situations, we provide services or sell products jointly with affiliated businesses and other business partners. You can easily recognize when an affiliated business is associated with your transaction. We will only share personal information that is related to such transactions or is necessary for the affiliate or business partner to complete the transaction.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples include sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, and providing customer service. We may also provide your personal information to agents who will use it to verify aggregate usage data that we provide to our partners. You hereby consent to our sharing of your personal information for all the above purposes.
C. Promotional Offers:
We may send offers to certain users on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please notify us by e-mail at firstname.lastname@example.org.
D. Business Transfers:
In some cases, we may choose to buy or sell assets or business. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if HR or substantially all of its assets, were acquired, customer information would be one of the assets that is transferred or acquired by a third party.
E. Protection of HR and Others:
We may release personal information when we believe in good faith that release is necessary to comply with that law; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of HR, our employees, our users, or others. This includes, without limitation, exchanging information with other companies and organizations for fraud protection and credit risk reduction.
The information you provide us in connection with your user profile or any content you post to the Website, may be used to facilitate and provide your requested services within the Website and/or your request for our services through other websites. Any personal information or content that you voluntarily disclose online (on discussion boards, in blogs, comments, messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your display name may be displayed to other users when you upload text, images or videos, leave comments or send messages through the Website and other users can contact you through messages and comments. Any images, captions, physical descriptions, personal interests or other content that you submit to the Websites may be redistributed through the Internet and other media channels and may be viewed by the general public.
G. Communication About the Website or in Response to Your Requests:
As part of the Website and our services, you will receive email and other communication relating to your use of the Website or your user account. You acknowledge and agree that by posting information on the Website or otherwise using the Website, we and our agents may send you email, contact you or engage in other communication that they determine in their sole discretion relate to your profile or use of the Website. We may use a user’s email address (or telephone number for text and multimedia messaging) to send updates, a newsletter or other news regarding the Website or our services.
H. With Your Consent:
Except as set forth above, you will be notified when your personal information may be shared with third parties.
**WHAT INFORMATION CAN I ACCESS AND WHAT CAN I DELETE?** You can access your personal information on our websites and correct, amend, or delete information that is inaccurate. Please note that even after you have disabled information for public viewing on our sites, all information may remain in our records after editing or deleting your account information. If you create digital content on or through our sites (such as a blog, stylebook or wish list) you may delete that content, but if the content has been reposted on other sites by HR employees or other users, it cannot be deleted. Users may post comments on posts. Such comments cannot be deleted.
**DOES HR COLLECT PERSONAL INFORMATION FROM CHILDREN?** Our websites and the services available by us are not intended for children under the age of 13. HR does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for our websites or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to HR or on our websites. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com. We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
The effective date of this policy is December 1, 2014.