Terms of Use

THIS AGREEMENT GOVERNS YOUR USE OF THE FIGUROSITY WEBSITE. TO LEARN ABOUT USAGE RIGHTS FOR POSES, PLEASE READ OUR CONTENT LICENSE AGREEMENT.

This Web site is owned and operated by Digital Agua, Inc. d/b/a Figurosity (“Figurosity”). Access and use of this Web site is provided by Figurosity to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

Figurosity may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Web site and its contents (the "Content") are intended for customers of Figurosity. You may not use this Web site or the Content for any purpose not related to your business with Figurosity. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with Figurosity; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Figurosity product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose, as determined solely in Figurosity’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of Figurosity and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Figurosity any other use of these Materials without Figurosity's written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

Trademarks

Figurosity and any other product or service name or slogan contained in the Site are trademarks of Digital Agua, Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Figurosity or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Figurosity" or any other name, trademark or product or service name of Figurosity without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Figurosity and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Privacy

Figurosity is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Website Privacy Commitment for further details.

Currency of Web site

Figurosity updates the information on this Web site regularly. However, Figurosity cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Figurosity may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Figurosity monitors or endorses these Web sites. Figurosity does not accept any responsibility for such Web sites. Figurosity 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 the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

Figurosity shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Figurosity recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided "As Is"

THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FIGUROSITY DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL FIGUROSITY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Figurosity harmless against all claims or liability asserted against Figurosity arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Email

Feel free to email Figurosity at support@figurosity.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Figurosity is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

  • Figurosity has no obligation concerning such information;
  • the information is non-confidential;
  • Figurosity may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

This Web site is controlled, operated and administered by Figurosity from within the San Francisco, California. This Web site can be accessed throughout the United States and all countries around the world. As each of these jurisdictions has laws that may differ from those of the State of California, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the State of California and the US federal laws applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of California and acknowledge that you do so voluntarily.

General

Figurosity’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this web site or these Terms of Use, please contact Figurosity at support@figurosity.com.