- The Famous Terms -
Our Terms and Conditions were last updated on 26 January 2024.
Please read these terms and conditions carefully before using Our Service.
Introduction, Interpretation and Definitions
Introduction
The Famous (“TheFamous”, ”The Famous”, “The platform”, “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the TheFamous website(s), our APIs, mobile app (the “App”), stores on partner platforms and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view and explore NFTs, buy our store items and use our tools, at your own discretion, to connect directly with others to buy, sell, or transfer items on the second market (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content, data and a unique digital passport that contain verifiable elements.
For purposes of these Terms, “user”, “you”, and “your” means you as the user of TheFamous Services "the Service" . If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorised representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT. BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Company” (referred to as either "the Company", "We", "Us", "Our", “TheFamous” or "The Famous" in this Agreement) refers to [TheFamous.xyz].
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- “Products” refers to the products or items offered on the Service or stores linked to TheFamous.
- “Orders” means a request by You to purchase Products from Us.
- “Promotions” refer to contests, sweepstakes, discount code or other promotions offered through the Service.
- “Service” refers to the Website and TheFamous services.
- “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the TheFamous regarding the use of the Service.
- “Third-party And Social Media Services” means any services or content (including data, information, POD partner solutions, payment solutions or services) provided by a third-party that may be displayed, included or made available by TheFamous
- “Website” refers to TheFamous site, accessible from www.thefamous.xyz
- “You” (referred to as either "User", "The User" or "Your" i this agreement) refers to the individual accessing or using the Service, or a legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
If you visit or shop within our website, you accept these Terms and Conditions.
These Terms and Conditions are governing the use of this site and the agreement that operates between You and TheFamous. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, buyers and others who access or use the Site. By accessing or using the Site You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Site.
You represent that you are over the age of 18. TheFamous does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Accounts
You don't need to create an account to visit our website and purchase items from our streetwear collections. When You create an account with Us, for specific services, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the 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 some of the Services and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party or a Social Media 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. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Copyright Policy
Intellectual Property Infringement
Rights to website contents such as, photos, graphics, product designs, source code, source files, and computer programs are specifically not transferred to the product buyers, and remain the property of TheFamous. Our product designs are copyrighted and recorded on the blockchain (immutable web3 ledger with timestamps).
Trademarks
TheFamous trademarks and trade dress may not be used in connection with any product or service that is not TheFamous, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TheFamous. All other trademarks not owned by TheFamous or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TheFamous or its subsidiaries.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
Site Access
TheFamous grants you the right to access and make personal use of its site but not to download or modify it, or any portion of it, except with express written consent of TheFamous. This right does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. The site or any portion of the site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TheFamous. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TheFamous without express written consent. You may not use any meta tags or any other "hidden text" utilising TheFamous’s name or trademarks without the express written consent of TheFamous. Any unauthorised use terminates the permission or right granted by TheFamous. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TheFamous so long as the link does not portray TheFamous, its owners, or the products or services in a false, misleading, derogatory, or otherwise offensive matter.You may not use any TheFamous logo or other proprietary graphic or trademark as part of the link without express written permission.
Product Descriptions
TheFamous attempt to be as accurate as possible in the product descriptions. However, TheFamous does not warrant that product descriptions or other content of this site is fully accurate, complete, reliable, current, or error-free. If a product offered by TheFamous itself is not as described, your sole remedy is to contact TheFamous using this email: StoreThefamous@gmail.com to request to return the specific product in unused condition.
Your Information
If You wish to place an Order for Products available on the Site, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, other payment method information, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us or to our partners is true, correct and complete. By submitting such information, You grant our Payment Processing third party partner the right to collect the information in order to process the payment authorising the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Products availability - Errors in the description or prices for Products - Errors in Your Order. We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.
Your Order Cancellation Rights
Any Products you purchase can only be returned or refunded in accordance with The Terms of our shipping partner. Other demands will be considered case by case. Contact TheFamous using the following email: storethefamous@gmail.com
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Products on the Site. The Products available on TheFamous platforms may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Site, on advertising, on partner platforms and our social networks. We cannot and do not guarantee the accuracy or completeness of any information, including, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices, based on the POD provider prices, at any time prior to accepting an Order. The prices quoted may be revised by TheFamous subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of TheFamous. In that event, You will have the right to cancel Your Order.
Payments
Payment can be made through various payment methods we have available, such as Visa, MasterCard, or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your partner card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.
Risk of Loss
All items purchased from TheFamous are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Promotions
Any Promotions made available through the Site may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content (including product designs), features and functionality are and will remain the exclusive property of TheFamous and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and copyrighted designs may not be used in connection with any product or service without the prior written consent of TheFamous. The Product designs and orders are recorded on the blockchain with a timestamp.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Site. If for any reason such assignment is ineffective, You agree to grant the TheFamous a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Site may contain links to third-party web sites or services that are not owned or controlled by the TheFamous. TheFamous has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services Such as POD and e-commerce partner platforms. You further acknowledge and agree that TheFamous 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or ban Your access or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of TheFamous and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall TheFamous or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party products used with the Service, or otherwise in connection with any provision of this Terms), even if TheFamous or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, TheFamous, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, TheFamous provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither TheFamous nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Site its servers, the content, or e-mails sent from or on behalf of TheFamous are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of Singapore, excluding its conflicts of law rules, shall govern this Terms and Your use of the Site. Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company by email using the following address Storethefamous@gmail.com
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using TheFamous Site and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website: [www.thefamous.xyz]
By sending us an email: [Storethefamous@gmail.com]