Terms & Conditions

Terms of Use

Thank you for vising and using the BuyFOH.com website (the “Site”).  The Site is owned and controlled by FOH Clothing, LLC, d/b/a FOH Clothing.  Your access to and use of the Site is subject to the following terms and conditions (“Terms of Use”), as well as all applicable laws.  By accessing or using the Site, however accessed, you agree to be bound by these Terms of Use.  These Terms of Use affect your legal rights and obligations.  Please read them carefully.  If you do not agree to be bound by all of these Terms of Use, do not access or use the Site.

The Site is for your personal, non-commercial use only.

You may download material displayed on the Site for your personal non-commercial use only, provided that all copyright, trademark, and other proprietary notices contained on the materials are maintained and neither altered nor removed. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site (including, without limitation, text, images, audio, and/or video) for public or commercial purposes without the prior written permission of FOH Clothing.  Your access to and use of the Site does not give you ownership of any intellectual property rights in or to the Site or any content accessed, seen or otherwise available therein.  You should assume that everything you see or read on the Site is FOH Clothing copyrighted material unless otherwise noted, and that you may not use such material except as provided in these Terms of Use without the prior written permission of FOH Clothing.

You may create a member account with the Site if you are at least 18 years old by registering your name, providing certain information about yourself, and creating a password.  You agree that you will provide complete, current and accurate information about yourself as request, and you agree that you will update your information as necessary to maintain its truth and accuracy.  You are responsible for keeping your password secret and secure and for restricting access to your account.  You agree that you will not disclose your password to any third party, and that you will not sell, transfer, license or assign your account, username or any account rights.  You must not create accounts with the Site through unauthorized means (including, without limitation, by using an automated device, script, bot, spider, crawler, or scraper). FOH Clothing reserves the right to force forfeiture of any member account for any reason at any time.

You are prohibited from posting or transmitting on, to, or though the Site, any unlawful, libelous, defamatory, obscene, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law (including, without limitation, the laws of copyright, trademark, privacy, property, confidentiality, and/or publicity).  Furthermore, you must not stalk, bully, abuse, harass, threaten, impersonate, or intimidate persons or entities on, to, or through the Site, you must not solicit other users of the Site or otherwise use the Site for unauthorized marketing purposes, and you must not post private or confidential information on, to, or through the Site (including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, and non-public phone numbers and email addresses). FOH Clothing will fully cooperate with any law enforcement authorities or court order requesting or directing FOH Clothing to disclose the identity of anyone posting any such information or materials.  You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your access to and use of the Site and the content appearing therein.

Images of people or places displayed on the Site are either the property of, or used with permission by, FOH Clothing. The use of such images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Terms of Use or specific permission is provided elsewhere on the Site.  Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of FOH Clothing and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site, or any other branding or logos displayed or used on the Site, without the prior written permission of FOH Clothing or such third party that may own the Trademarks, branding and/or logos displayed on the Site.  You may not remove, obscure, or alter any legal notices displayed or used on the Site.  Your use of the Trademarks, branding and/or logos displayed on the Site, or any other content on the Site, except as expressly provided in the Terms of Use, is strictly prohibited. FOH Clothing will aggressively enforce its intellectual property rights to the fullest extent of the law.

FOH Clothing reserves the right to modify or refuse access to the Site, or any user’s access to the Site, or the availability of any products offered for sale through the Site, for any reason, without notice, at any time, and without liability to you.  Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.  In the event that Rebel Circus denies you access to or use of the Site in any manner, the provisions in these Terms of Use governing any copyright and/or other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms of Use, shall survive such denial.

FOH Clothing may, but has no obligation to, review content on the Site to determine whether it is illegal or violates our policies, and we may, but have no obligation to, remove or refuse to display content that we believe on our sole discretion violates these our policies or the law.  However, this does not necessarily mean that we have reviewed or will review content on the Site, so do not assume that any content on the Site has been reviewed.  Although FOH Clothing may monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site from time to time, FOH Clothing is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such content on the Site.

It is the policy of FOH Clothing not to accept or consider creative materials, ideas, or suggestions other than those we specifically request.  This is to avoid any misunderstandings if your ideas are similar to those we have developed independently.  Therefore, we request that you do not send to us any original creative materials, etc.  However, any communication or material you transmit to FOH Clothing by electronic mail or otherwise will be treated as non-confidential and non-proprietary.  You hereby acknowledge and agree that anything you transmit to or post to the Site may be used by FOH Clothing or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and, furthermore, that FOH Clothing shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

FOH Clothing has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site.  Linking to any other off-site pages or other sites is at your own risk.

FOH Clothing neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with FOH Clothing.  While FOH Clothing uses reasonable efforts to include accurate and up-to-date information in the Site, FOH Clothing makes no warranties or representations as to its accuracy. FOH Clothing assumes no liability or responsibility for any errors or omissions in the content of the Site. FOH Clothing also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.  Your use of and browsing in the Site are at your risk.  Without limiting the foregoing, neither FOH Clothing nor any other party involved in creating, producing, or delivering the Site makes any specific promises about the Site, including, without limitation, any commitment regarding the content displayed and/or made available on the Site, the specific functions of the Site, or its reliability, availability, or ability to meet your needs.  Everything on the Site is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

When permitted by law, neither FOH Clothing nor any other party involved in creating, producing, or delivering the Site shall be liable to you for any lost profits, revenues, or data, direct financial losses, or indirect, special, consequential, exemplary, or punitive damages arising out of your access to and/or use of the Site.  To the extent permitted by law, the total liability of FOH Clothing and the parties involved in creating, producing, or delivering the Site, for any claims under these Terms of Use and/or the Privacy Policy, including for any limited warranties, is limited to the amount you paid to us to use the Site.  In all cases, FOH Clothing and the parties involved in creating, producing, or delivering the Site shall not be liable for any loss or damage that is not reasonably foreseeable.

You agree to indemnify, defend, and hold FOH Clothing and its parent, subsidiaries and affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any breach by you of these Terms of Use. FOH Clothing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FOH Clothing’s defense of such claim.

FOH Clothing makes no representation that all content on the Site is appropriate or available for use in all locations and countries.  Those who choose to access the Site do so on their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Software from the Site may be subject to United States Export Controls.  You may use the Site only as permitted by law, including such applicable export or re-export control laws and regulations.  No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. FOH Clothing reserves all rights to any software associated with the Site, which is protected by copyright and other intellectual property laws and treatises.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey without giving effect to any principles of conflicts of law AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.  Any action brought by you, FOH Clothing or any third party to enforce these Terms of Use or otherwise in connection with any matters related to the Site shall be brought exclusively in a state or federal court located in the State of New Jersey, and you expressly consent to the jurisdiction of said courts for the purpose of litigating all such disputes.

You agree that any claim you may have arising our of or relating to your relationship with FOH Clothing must be filed within one (1) year after such claim arose; otherwise, such claim shall be permanently barred.

If any provision of these Terms of Use is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms of Use will be effective only if in writing signed by an officer of FOH Clothing.

FOH Clothing may revise these Terms of Use from time to time without notice.  Your continued access and/or use of the Site subsequent to such revisions shall constitute your acceptance of and agreement with such revised Terms of Use.  You should therefore periodically visit this page to review the current Terms of Use to which you are bound.