TERMS & CONDITIONS

Welcome to the fingerscrossed.com website (the “Site”).  Fingers Crossed (“Fingers Crossed”, “we”, “us” or “our”) provides the Site, and the services on the Site, to you subject to the following terms and conditions (the “Terms of Use”). These Terms of Use set forth the terms governing your use of the Site. In addition, when you use any service on the Site you will also be subject to the rules, policies, terms and conditions applicable to such service and such rules, policies, terms and conditions are incorporated herein by reference. Please read these Terms of Use carefully before you continue to use the Site or submit any information to us through the Site.  Your use of the Site in any form and/or your submission of any information through the Site constitutes your agreement to be bound by these Terms of Use.
Fingers Crossed may modify these Terms of Conditions from time to time.  Modifications shall be effective immediately upon being posted on the Site.  You should read these Terms of Use whenever you visit the Site so that you are aware of any modifications.  Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms of Use as modified.  IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF CONDITIONS, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO US THROUGH THE SITE.

Restrictions on Use of the Site

Subject to the terms and conditions of these Terms of Use, Fingers Crossed hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site solely for purposes of purchasing or reviewing Fingers Crossed merchandise and not for any commercial use or for use with, or on behalf of, any third party. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of the Site or any Content without Fingers Crossed prior written consent. 
You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the Site and the Content only through the user interface provided by us. You agree to use the Site and the services only for their intended lawful purpose and in accordance with all applicable laws.

Ownership of Content

Our Site includes a combination of content that we, our users and other third parties create (collectively, the “Content”). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us at info@thefingerscrossed.com.

Posting and Transmitting Content

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Site (“Your Content”). You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by Fingers Crossed in its sole discretion), or contain any computer virus or other malicious code that could in any way affect the operation of the Site or any computer that connects to the Site.  You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Fingers Crossed or its service providers.
We have the right, but not the obligation, to remove any Content posted to the Site by Site users that may, in our sole discretion, violate these Terms of Use or that is otherwise, in our sole opinion, objectionable. Nonetheless, you understand that by using the Site, you may be exposed to Content that you find offensive or objectionable. Your use of the Site constitutes your acknowledgment that you bear all risks associated with your use of the Site.

Registration and Account Responsibility

Registration on the Site is available to anyone 18 years of age or older who truthfully and accurately provides all required information, including a legitimate email address, and who obtains a unique username and password. Each time you use your username and password on the Site you will be deemed an authorized user of the Site in a manner consistent with these Terms of Use. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on, the Site including, without limitation, all transmissions and obligations (which shall include, without limitation, all financial obligations) with your username and password whether or not such access or use was authorized by you. You shall immediately notify Fingers Crossed of any unauthorized access to, or use of, your username and/or password or any other breach or threatened breach of the Site’s security of which you become aware.

Product Information

Merchandise displayed on the Site may be available in select stores. In some cases, merchandise displayed on the Site may not be available for purchase.  Fingers Crossed tries to maintain accurate information on the Site regarding product availability, size and pricing, however, Fingers Crossed does not guarantee that any such information will be accurate. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and Fingers Crossed cannot guarantee that your monitor’s display of any color will be accurate.

Site Transactions

Fingers Crossed reserves the right to refuse, in its sole discretion, any order placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by Fingers Crossed).  Fingers Crossed further reserves the right to change or modify any order placed on the Site. In the event any order is cancelled or changed, Fingers Crossed will attempt to notify you of such cancellation or change; however, Fingers Crossed does not guarantee that you will receive such notice.

Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Site. 
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARD PRODUCTS, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON THE SITE WILL BE CORRECTED.
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

Termination

Fingers Crossed may terminate your access, or suspend any user’s access to all or part of the Site without notice or recourse, for any conduct that Fingers Crossed, in its sole discretion, believes is in violation of any applicable law or of these Terms of Use or is harmful to the interests of another user, a service provider, Fingers Crossed or its affiliates.

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice

Fingers Crossed respects the copyright interests of others and, as such, requires our users to comply with these Terms of Use and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Use or your copyright please report the violation. In the case of a copyright violation please provide the following information:

All notices should be sent to our designated agent as follows:
Fingers Crossed
43-09 47th Avenue 5K
Sunnyside, NY 11104

It is often difficult to determine if your intellectual property rights have been violated.  We may request additional information before we remove allegedly infringing material.  If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.