THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND FIGUREKON. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE SERVICES.
1.1 If you are using the Services on behalf of a company, entity or organization (each a "Subscribing Entity"), then you represent and warrant that you: (a) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity.
1.2 The Websites and all Services (but not the Third Party Sites) are owned and operated by FigureKon. FigureKon reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Websites. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of these Terms. Your continued use of the Services after a revised version of these Terms has been posted by FigureKon to the Websites constitutes your binding acceptance of such revision and the revised Terms. Notwithstanding the preceding sentences of this Section 1.2, no revisions to these Terms will apply to any dispute between you and FigureKon that arose prior to the date of such revision.
1.3 The Services are continually under development and changes to the Services may be made at any time. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. If you disagree with the Terms or are in any way dissatisfied with the Service, we hope you will let us know by sending an e-mail to firstname.lastname@example.org, but your sole remedy is to discontinue your use of the Services.
1.4 You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
1.5 The Websites and the Service are controlled and operated by FigureKon from its offices in Taiwan. However, portions of the Services are targeted for users located in the United States of America. FigureKon makes no representation that Content available on or though the Services are appropriate or available for use in locations other than Taiwan and the United States of America. Those who choose to access or use the Services from locations other than Taiwan and the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the Content or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. If access to any Content made available on either Website or via the Services by you shall give rise to any liability for FigureKon outside of Taiwan or the United States of America or require that FigureKon obtain any licenses for activities outside of Taiwan or the United States of America, then you are expressly prohibited from using or accessing the Service through any means or channel.
2. USE OF THE SERVICE
2.4 We have gone to great lengths to develop the Services and may, from time to time, take steps to protect the integrity or operation of the Services. If you violate these Terms in any way, as determined in our sole discretion, we may terminate your right to use the Services without any liability to you. We reserve the right to investigate any alleged or suspected violations of these Terms and, if a criminal violation is suspected or harm to the Services or any other Users or person, property or thing is expected, anticipated or feared, then FigureKon may refer such suspected violations or activities to law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services. You hereby consent in advance to such disclosures and agree that you will not have any claims against FigureKon arising out of such disclosures to law enforcement agencies.
3.2 You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by FigureKon. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, then FigureKon reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
4.1 We grant you a limited, revocable, non-assignable, non-sublicensable, royalty free license to access and use the Services solely in accordance with the Terms and pursuant to any authorized functionalities of the Services, including the right to access and view content made available through the Services. Except as expressly provided for in these Terms, there are no implied licenses for the use of the Services or for any Content made available on or through the Services, and the license granted herein is for your personal, non-commercial use only. No commercial uses of the Services are hereby authorized without our separate written consent, which may be withheld for any reason.
4.2 The Content made available on or through the Services (excluding User Content), may be protected by copyright or other intellectual property rights and owned by FigureKon or third party licensors of FigureKon. No material from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, User Content and Products, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of FigureKon or its licensors, unless you have obtained express written authorization to the contrary. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to FigureKon.
4.3 All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to FigureKon or to other companies where so indicated. All product names used in this website are trademarks of their respective owners, which are in no way associated or affiliated with FigureKon. Unless otherwise permitted by law, you may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
4.4 This section governs any User Content you upload or transmit to or through the Services:
a. General. You are solely responsible for all User Content you submit to or through the Services. You must not upload or transmit any User Content to or through the Services or to us through email that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Any User Content uploaded, linked to, or transmitted to or through the Services or to us via email will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by FigureKon any purpose or disclosed by us to any third party with or without notice to you and without any liability by us.
b. Retention of Your Intellectual Property Rights. BY UPLOADING, LINKING TO OR OTHERWISE PROVIDING USER CONTENT TO THE SERVICES YOU ARE NOT – PURSUANT TO THESE TERMS – SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS IN YOUR USER CONTENT THAT YOU MAY HAVE. RATHER, YOU ARE MERELY GRANTING FIGUREKON (AND OTHER USERS AS DESCRIBED IN SECTION 4(4)(c)(ii) BELOW) A LICENSE PURSUANT TO THE PROVISIONS OF THESE TERMS. YOU WILL CONTINUE TO OWN, TO THE EXTENT OF YOUR EXISTING RIGHTS, ALL OF YOUR USER CONTENT.
c. License Grants. You hereby grant FigureKon an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), create derivative works from, modify (e.g., reformat), transmit to Third Party Sites, and otherwise use and exploit (collectively, "Use") all User Content you link to or upload to or through the Services or to us through email, on and through the Services (including when the Services are made available through Third Party Sites), regardless of how such Services are delivered to Users, including through any technologies or distribution methods now known or hereafter created, and to advertise, market, and promote the Services and/or the availability of your User Content on the Services. You further grant FigureKon an irrevocable, perpetual, royalty-free license to Use your name, image, voice, likeness, and any information provided by any Third Party Sites whose credentials you use to access the Services in conjunction with advertising, marketing, or promoting the Services or the availability of your User Content.
d. You may delete your User Content from your account on the Services at any time but the rights granted in Section 4.4(c) shall survive the deletion of your User Content to the extent your User Content is stored on computer servers or other storage media or technologies utilized by FigureKon. (or, in the case of Project Feedback, such Content has been incorporated into any other work by any User). We may also retain any of your User Content for archival or audit purposes or pursuant to any judicial or administrative order. Any User Content you post in a public section of the Services (e.g., a comments section) may remain on the Services indefinitely and we have no obligation to remove such User Content.
e. Notwithstanding the grant of rights in Section 4.4(c), nothing contained in these Terms grants FigureKon a right or license to sell your User Content on a standalone basis to any third party, although you acknowledge and agree that FigureKon may generate advertising, subscription, and other revenues from the operation of the Services, including advertising that may appear before, after or simultaneously with the Use of your User Content, and that you will have no right to share in any portion of such revenue.
f. By uploading User Content to or through the Services you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload to or through the Services. You expressly release FigureKon and all of FigureKon’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content. Notwithstanding the preceding sentences of this Section 4.4(f), you should let us know immediately if you object to any uses of your User Content on or through the Services or in the promotion of the Services. We will consider all reasonable requests to terminate any Use that you find objectionable, but we shall have no liability to you for any Use authorized in these Terms.
g. If you are not the owner of or are not fully authorized to grant rights in all of the intellectual property in all of the elements of the User Content you intend to upload or transmit to or through the Services, then you must not upload the User Content to or through the Services.
h. FigureKon reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Content you upload to or transmit through the Services. If you fail to provide us with such confirmation upon request, then we reserve the right to remove or deny access to any or all of your User Content available on or through the Services and to suspend or terminate your account with figurekon.com. We will have no liability to you for any actions taken by us pursuant to this Section 4.4(h).
i. By uploading or transmitting User Content to or through the Services, you hereby represent and warrant to FigureKon that (i) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content and (ii) the Use of such User Content in a manner consistent with these Terms will not (A) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (B) require FigureKon or any Third Party Site on or through which the Services is made available to pay any fees of any kind to any third party for any Use of your User Content.
j. You further grant FigureKon a royalty-free license throughout the universe to Use, without any payment or accounting to you or any other third party, any concepts, know-how, ideas or inventions that you (and those who act on your behalf) upload or transmit to or through the Services or to us through email (but excluding any Project Feedback) (collectively, "General Feedback").
5. MONITORING AND REMOVING USER CONTENT; RELIANCE ON USER CONTENT
5.1 We do not control User Content accessible on or through the Services, and do not have any obligation to monitor User Content for any purpose. We also have no obligation to permit User Content to be made available on or through the Services. We may choose, in our sole discretion, to monitor, review, or otherwise access some or all User Content, but by doing so we nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, or to monitor, review, or otherwise access other User Content. You acknowledge that we may remove any of your User Content from the Services at any time, with or without notice to you and without any liability to you, including for, by way of example and not limitation, any Objectionable Content (defined below).
5.2 You agree that you will evaluate and bear all risks associated with any User Content you obtain on or through the Services, including any reliance on the accuracy, completeness, usefulness or legality thereof. FigureKon makes no representations or warranties with respect to any User Content.
5.3 If you locate any User Content on or through the Services that you find offensive or objectionable, you may report such User to FigureKon by sending an e-mail to email@example.com. If you believe any User Content infringes any of your intellectual property rights, then please report such User Content pursuant to these Terms.
5.4 FigureKon does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Content. The opinions expressed in any User Content are to be attributed solely to the author thereof. Any reliance you place on any User Content is at your own risk.
1. Create a false identify or impersonate another person or entity in any way;
2. Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
3. Upload or otherwise transmit to or through the Services any Objectionable Content;
4. Upload or otherwise transmit to or through the Services any material that can cause harm or delay to the Service or computers of any kind;
5. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
6. Restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Service or obtained from the Services without the consent of such person, or collect information about users of the Services;
7. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by FigureKon;
8. Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
9. Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Services, use of the Services, access to the Services or User Content obtained through the Services, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without FigureKon’s express written consent:
9.1 Copying, caching or reformatting any materials accessed through the Services for commercial purposes in any fashion whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Services to alternative delivery formats;
9.2 Framing, embedding and/or passing off information obtained from the Services in such a manner as to present them as originating from a source other than the Services;
9.3 Altering, defacing, mutilating or otherwise bypassing any approved software through which the Services are made available; and
9.4 Using any trademarks, service marks, design marks, logos, photographs or other Content belonging to FigureKon or obtained from the Services.
10. Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
11. Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any Content (including User Content) accessible on or through the Services, or features that enforce limitations on the use of the Services or any Content accessible on or through the Service;
12. Use any scraper, spider, robot or other automated means of any kind to access the Services, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or Content (including User Content) on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
13. Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;
14. Violate any applicable federal, state or local laws or regulations or these Terms; or
15. Assist or permit any persons in engaging in any of the activities described above.
DISCLAIMER OF CONTENT
1. THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
1.1 YOU UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT (INCLUDING USER CONTENT) FROM A VARIETY OF SOURCES, AND THAT FIGUREKON IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT (INCLUDING USER CONTENT) THAT IS 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 FIGUREKON WITH RESPECT THERETO.
1.2 UNDER NO CIRCUMSTANCES WILL FIGUREKON BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY CONTENT (INCLUDING USER CONTENT), INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING USER CONTENT) OR PRODUCTS DISPLAYED, PERFORMED, TRANSMITTED OR ACCESSIBLE ON OR THROUGH THE SERVICES. BY ACCESSING OR USING ANY CONTENT (INCLUDING USER CONTENT) DISPLAYED, PERFORMED, TRANSMITTED OR ACCESSIBLE ON OR THROUGH THE SERVICES, YOU WAIVE ANY AND ALL CLAIMS AGAINST FIGUREKON THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH CONTENT.
1.3 FIGUREKON DOES NOT GUARANTEE THE CONTINUED AVAILABILITY OF USER CONTENT, AND MAY DELETE ANY USER CONTENT FROM THE SERVICES AT ANY TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU RETAIN COPIES OF ANY USER CONTENT YOU UPLOAD TO THE SERVICES.
2. The Services provide links to Third Party Sites and these links are for convenience only. If you use these links, you will leave the Services. FigureKon is not responsible for the availability of or the content provided by these Third Party Sites, or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not FigureKon is affiliated with the owners of such Third Party Sites. In addition, the linking to Third Party Sites is not an endorsement or approval by FigureKon of the organizations owning, operating, or sponsoring such Third Party Sites or their products or services. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites. Notwithstanding the immediately preceding sentence, the use of any portion or feature of the Services available on or through a Third Party Site will continue to be subject to these Terms.
3. YOU AGREE THAT FIGUREKON WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICE.
4. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless FigureKon and its parent, subsidiaries, affiliates, investors, partners, sublicensees or any related companies, licensors and suppliers, and its and their respective directors, officers, employees, agents, representatives, contractors, and assigns from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (a) your use or misuse of the Services; (b) your breach or other violation of these Terms, including any representations, warranties and covenants herein; (c) any User Content uploaded by you on or through the Services; or (d) your violation of the rights of any other person or entity, including any intellectual property or other protected rights. Notwithstanding the foregoing, 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 if we, in our reasonable discretion, conclude that you are not adequately protecting our interests or are incapable of protecting our interests, and you agree to cooperate with our defense of these claims. We shall provide you with notice (email shall suffice) in the event we assume the defense or control of any matter pursuant to this Section 7; provided we have information necessary for contacting you. You agree not to settle any matter for which you are obligated to indemnify FigureKon without the prior written consent of FigureKon. We will use reasonable efforts to notify you of any such claim, action or proceeding for which it is seeking indemnity from you upon becoming aware of it, but FigureKon’s inability to contact you shall not relieve you of your indemnification obligation.
5. THE FOLLOWING TERMS IN THIS SECTION 5 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
5.1 THE SERVICES AND ANY CONTENT AND PRODUCTS ACCESSIBLE ON AND THROUGH THE SERVICES (INCLUDING USER CONTENT) ARE PROVIDED BY FIGUREKON ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
5.2 FIGUREKON AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIGUREKON, AN EMPLOYEE OR REPRESENTATIVE OF FIGUREKON OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FIGUREKON AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT AND PRODUCTS THROUGH THE SERVICES OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR PRODUCTS. ALL PRODUCTS PURCHASED ON OR THROUGH THE SERVICES, WHETHER PURCHASED FROM FIGUREKON OR A THIRD PARTY, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. FIGUREKON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FIGUREKON HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. FIGUREKON MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
6. IN NO EVENT WILL FIGUREKON OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT MADE AVAILABLE OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF FIGUREKON OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FIGUREKON OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (1) THIRTY FIVE DOLLARS ($35.00) OR (2) THE AMOUNT OF FEES YOU HAVE PAID FIGUREKON (IF ANY) IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
TERM AND TERMINATION
1. These Terms, as amended, will be effective commencing with your first use or registration of the Services and will remain in full force and effect until terminated as set forth below.
2. FigureKon may terminate your use of the Services or any of our features or services at any time and for any reason, with or without notice, including, but not limited to, for conduct violating these Terms or upon FigureKon’s sole determination as necessary to protect the Services, other Users of the Services, or FigureKon or its partners and affiliates. You hereby agree to FigureKon’s broad right of termination. You agree that if your use of the Services is terminated pursuant to these Terms, then you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, then you will indemnify and hold us harmless from any and all liability that we may incur therefor.
3. You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an e-mail to firstname.lastname@example.org or using any other account termination functionality that may be offered through the Services.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
1. FigureKon respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.
2. FigureKon’s intellectual property policy is to remove or disable access to Content or materials that FigureKon believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services. FigureKon has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon FigureKon’s own determination.
3. If you believe that any Content accessible on or through the Services infringes an intellectual property right you own or control, then please promptly send an e-mail with the title of "Notification of Claimed Infringement" and containing the following information to email@example.com. Your communication must include substantially the following:
3.1 An electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
3.2 Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
3.3 Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FigureKon to locate the material;
3.4 Information reasonably sufficient to permit FigureKon to contact you, such as an electronic mail address or a physical address at which you may be contacted;
3.5 A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
3.6 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. If you receive a notification from FigureKon that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide FigureKon with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to firstname.lastname@example.org and include substantially the following information:
4.1 An electronic signature of the subscriber;
4.2 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
4.3 A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4.4 The subscriber’s name, address, and telephone number, and a judicial district in which FigureKon may be found, and that the subscriber will accept service of process from the person who provided notification under Section 3 above or an agent of such person.
FIGUREKON RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY PARTY THAT SUBMITS A NOTIFICATION OF CLAIMED INFRINGEMENT IN VIOLATION OF THE LAW.
1. Before resorting to formal dispute resolution in accordance with this Section, you agree to first contact us directly at email@example.com to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, you or FigureKon may institute arbitration in accordance with the procedures set forth in this Section.
2. In the interest of resolving disputes between you and FigureKon in the most expedient and cost effective manner, you and FigureKon agree that any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration under laws of Taiwan. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
3. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
1. This is the entire agreement between you and FigureKon relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by FigureKon as authorized in these Terms. These Terms will be governed solely by the laws of Taiwan, without regard to its conflicts of laws principles. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
2. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of FigureKon to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
3. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
4. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FigureKon without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
5. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FigureKon as a result of these Terms or use of the Services.
6. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms.
7. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
8. You hereby authorize FigureKon to communicate with you about the Service via email during the Term and at least once following the Term to confirm any termination of these Terms. You may contact us by emailing us at firstname.lastname@example.org.