TERMS AND CONDITIONS
Last updated: October 13, 2022
1. GENERAL
Please read these Terms and Conditions (the “Terms”) carefully before using the services (collectively, the “Services”) provided on https://fnbstudios.com website, other related websites and mobile applications (collectively, the “Site”) operated by Front and Back Studios LLC (“FNB”, “us”, “we”, or “our”).
Your (“you” or “your” or “user” or “users” or “clients”) access to and use of the Site and/or the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site and/or the Services.
1.1. Acceptance of Terms
By accessing or using the Site and/or the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you must leave the Site and may not access the Services.
Please note that our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Services and informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Site and the Services. Our Privacy Policy is incorporated herein by this reference.
Please note that our Acceptable Use Policy describes the activities which are strictly prohibited with the usage of our Site and Services. These Terms must be read in conjunction with the Acceptable Use Policy. Our Acceptable Use Policy is incorporated herein by this reference.
1.2. Update to Terms
We may, at our sole discretion, modify or revise these Terms at any time by updating the text of this page without notice to you, and you are bound by any such modification or revision. You should therefore visit this page periodically to review these Terms.
2. USE OF OUR SERVICES
2.1. Accounts
Depending on the Services you are using on our Site, you may be required to create an account. The process of creating an account entails establishing a user name and password as well as providing the following personal information:
(i) Your full name;
(ii) Your address; and
(iii) Debit or credit card or other payment details.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Site.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with our Site or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.2. General Services
This Site is aimed at providing our clients with three main Services: (i) domain usage; (ii) purchasing a website; and (iii) website development. We may however provide other related Services. Please note that these Terms shall apply to all Services we provide on our Site or in relation to our Site.
2.2.1 Domain Usage
Depending on the package you purchase, the Services we provide as part of domain usage are as follows:
(i) The ability to purchase/transfer domains;
(ii) The ability to use our domain services for your business/personal use in accordance with Acceptance of Use Policy guidelines; and
(iii) The ability to manage the domain you purchased from us, in accordance with Acceptance of Use Policy guidelines.
2.2.2 Purchasing a Website
Depending on the package you purchase, the Services we provide as part of purchasing a website are as follows:
(i) The ability to purchase web services that are provided per website purchased;
(ii) The ability to create and manage account for web services (domain, hosting plan, website, etc.);
(iii) The development (by FNB) of your website to your customized specification;
(iv) Local support;
(v) Search Engine Optimization;
(vi) Set up and/or manage your Google Workspace Account; and
(vii) ADA Compliance.
2.2.3 Website Development
Depending on the package you purchase, the Services we provide as part of website development are as follows:
(i) Web Design/Development of web pages per site;
(ii) Responsive Web Design practices; and
(iii) Website Domain and Web Hosting per site.
The process for website development is as follows:
(i) Set an appointment with you via Zoom to discuss your business and your vision for your website;
(ii) After our discussion we will discuss the price, timeline, and content for your website along with an agreement of provided services; and
(iii) After the website is completed, we’ll provide revisions if needed and go over final checks on the website for launch.
3. Termination
We may terminate or suspend access to our Site and/or Services and/or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
Notwithstanding anything to the contrary herein, all provisions of these Terms which by their nature should survive termination, shall survive termination, including, without limitation those relating to intellectual property, disclaimer of warranties and limitation of liability, and indemnification.
4. PROHIBITED USES
Please read our Acceptable Use Policy carefully for an overview of uses of our Site that are strictly prohibited.
5. INTELLECTUAL PROPERTY
The Site and its original content, features and functionality are and will remain the exclusive property of FNB and its licensors. Unless otherwise agreed upon with us in writing, we also own the right, title and interest in the work product from the Services.
6. LINK TO THIRD-PARTY SITES
Our Services may contain links to third-party websites or services, including third-party payment processors that are not owned or controlled by us.
We therefore have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services, or any information requested of you by them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. CONFIGURATION
All users of our Site are responsible for configuring their own site content to provide the maximum possible accountability. FNB shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by FNB. Users of FNB are responsible for educating themselves and configuring their sites content with an effective level of security. Should content at a user’s site be violated and or compromised, the user is responsible for reporting the violation and then fixing the exploited system.
8. DISCLAIMER OF WARRANTIES AND LIMITATION TO LIABILITY
You acknowledge and agree that FNB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on (i) any Services or such content, products or services available on the Site, which are provided on an “as is” and “as available” basis or (ii) any Services or such content, products or services through any such third-party web sites or non-FNB Services(s). This includes loss of data during scheduled and impromptu site downtime or any downtime on any user’s website that FNB is developing or restructuring or improving.
YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT (INCLUDING OUR SOFTWARE OR ANY OTHER SOFTWARE), MATERIALS, SERVICES OR OTHER PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF OUR SERVICES, OR FROM ANY INFORMATION, CONTENT (INCLUDING OUR SOFTWARE OR ANY OTHER SOFTWARE), MATERIALS OR OTHER PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY BREACH OF CONDITION(S) OR FUNDAMENTAL TERM(S) OR FOR A FUNDAMENTAL BREACH (S). IN ANY CASE, IF A COURT OR ARBITRATION TRIBUNAL OR OTHER BODY SHOULD DETERMINE WE ARE LIABLE IN ANY WAY, THE USER HEREBY AGREES THAT OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL BE LIMITED TO THE AMOUNT RECEIVED BY US FROM THE USER FOR THE SERVICES PURSUANT TO THESE TERMS. THIS LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL SUCH USER’S EXPENDITURES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.
9. INDEMNIFICATION
You shall indemnify, save, and hold harmless FNB, its parents, subsidiaries, affiliates, officers, directors, employees, agents and its third–party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site and/or Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you in these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account or of the Site or the Services.
10. GOVERNING LAW
10.1 Applicable Law
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
10.2 Mediation and Binding Arbitration
If a dispute arises from or relates to these Terms or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to these Terms, or breach hereof, shall be settled by final binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Claims shall be heard by a panel of three (3) arbitrators. Within fifteen (15) days after the commencement of arbitration, each party shall select one (1) person to act as arbitrator and the two(2) selected shall select a third (3rd) arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third (3rd) arbitrator, the third (3rd) arbitrator shall be selected by the American Arbitration Association. The place of arbitration shall be New York City, New York. The arbitration shall be governed by the laws of the State of New York, without regard to its conflicts of laws principles. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The prevailing party shall be entitled to an award of reasonable attorney fees. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
10.3 Trial Waiver
Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to these Terms or the transactions contemplated hereby.
10.4 Class Action Waiver
You hereby agree that all claims pursued against FNB will be on an individual basis. To that end, you hereby waive your right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective, or hybrid class/collective action in any court, arbitration proceeding, or any other forum, against FNB. You agree that any claim by or against FNB shall be heard in arbitration without joinder of parties or consolidation of such claim with any other person or entity’s claim, except as otherwise agreed to in writing by the parties.
10.5 Failure to Enforce
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11. MISCELLANEOUS
11.1. Severability
In the event any term or provision of these Terms is found to be illegal, unenforceable, void or excessively broad, in whole or in part, as drafted, then the offending term or provision shall be constructed as valid and enforceable to the maximum extent permitted by law, and the balance of these Terms shall remain unaffected, in full force and effect, unless such a construction would materially affect the rights or obligations of either party hereto.
11.2. Assignment
You may not assign these Terms or any of your rights or obligations under these Terms without our express written consent. The Terms inure to the benefit of our successors, assigns and licensees.
11.3. No Waiver
Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under these Terms shall not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.
11.4. Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect. In construing or interpreting these Terms, headings are for convenience only, and not to be considered.
11.5. Local Standards
We do not represent that materials on the Site are appropriate for use in all locations. Persons who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11.6. Entire Agreement
These Terms (along with our Privacy Policy and Acceptable Use Policy, which are incorporated herein by this reference), constitute the entire agreement between us regarding our Site and Services, and supersede and replace any prior agreements we might have between us regarding the same.
CONTACT US
Any complaints regarding terms and conditions, including the Privacy Policy and violation of the Acceptable Use Policy, should be sent to FNB at support@fnbstudios.com. Please include all applicable information that will assist FNB in investigating the complaint, including all applicable headers of forwarded messages.