You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
You may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Website or the Services. You may only use this Website and the Services for lawful purposes.
Should you choose to post any content or other material on our Website, you understand that such material (including, for example, your name and/or your user ID) may become public.
You acknowledge and agree that access to and use of this Website and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
In order to access and use certain of the Services available on this Website, you may need to sign up for, open and maintain an account (“Account”) with us.
You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.
You must not choose a username that infringes the rights of any third party, impersonates any FIGR employee, other users, celebrity or anyone with considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified in our Code of Conduct noted below. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Website or the Services via your username or password to any third person.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
You cannot transfer your Account to any other person, or permit anyone to use same.
We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.
4. PERSONAL USE ONLY
Unless we expressly consent otherwise, this Website and the Services are only for personal use (and not for commercial purposes).
5. CODE OF CONDUCT
You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Website or the Services. FIGR does not condone or allow unsolicited commercial electronic communications (i.e. spam). You agree that you will not use this Website or the Services to send unsolicited commercial or other electronic messages to FIGR or any other users.
While using this Website or the Services you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services. In addition, and without limiting the foregoing, you agree not to:
- post anything that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;
- post anything that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;
- post anything that (a) does not generally pertain to the designated topic or theme of this Website or the Services; (b) violates any specific restrictions applicable to this Website or the Services, including age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming”, “flooding”, or “trolling”, as those terms are commonly understood and used on the internet;
- post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonate another person (including celebrities); (c) indicate that you are an FIGR employee, representative of FIGR; or (d) attempt to mislead users by indicating that you represent FIGR or any of FIGR’s partners or affiliates;
- post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service;
- download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in this Website or the Services, except as expressly authorized by us in writing;
- use tools which hack or alter this Website, the Services or that allow you to connect to this Website’s or the Services’ private binary interface or utilize user or other interfaces other than those provided by us to you;
- attempt to obtain a password or other private account information from any other user of this Website or the Services; or
- create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person’s Account with FIGR.
You further agree not to:
- mirror or frame any part of the Website without our express prior written consent;
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website, without our express prior written consent.
Do not use our Website or the Services to: (i) lodge complaints against other users; or (ii) facilitate a personal dispute. If you have reason to believe that another person is using the Website or our Services in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies.
We have the right, but not the obligation, to delete any communications, content or other materials on this Website at any time without notice or liability to you.
WHILE WE ENDEAVOUR TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND THIS WEBSITE OR THE SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON AND YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OF FEES FOR INTERRUPTION OF THIS WEBSITE OR THE SERVICES.
9. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website and the Services, and you shall be solely responsible for all charges and fee related thereto.
10. CURRENCY OF WEBSITE
FIGR updates the information on this Website and the Services periodically. HOWEVER, FIGR CANNOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THIS WEBSITE AND THE SERVICES. FIGR may revise, supplement or delete information, services and/or the resources contained in this site and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.
11. LINKED WEBSITES
This Website or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that FIGR monitors or endorses these websites. FIGR does not accept any responsibility for such websites. FIGR 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 WEBSITES OR LINKED RESOURCES.
12. 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 Website or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website or the Services.
FIGR 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 WEBSITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY OF USER GENERATED CONTENT OR OTHER CONTENT FROM THIS WEBSITE. FIGR recommends that you install appropriate anti-virus or other protective software.
13. OUR MATERIALS
FIGR may make certain communications, content, software or other materials (including, for example, all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively, the “FIGR Materials”) available to you from this Website or the Services, from time to time. If you download or use the FIGR Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without FIGR’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such FIGR Materials. FIGR does not transfer either the title or the intellectual property rights to the FIGR Materials to you, and retains full and complete title to the FIGR Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the FIGR Materials. You further agree not to decompile, reverse-engineer, or disassemble any FIGR Materials. FIGR or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This Website (including its organization and presentation and FIGR Materials) is the property of FIGR 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.
14. YOUR MATERIALS
By posting, downloading, displaying, performing, transmitting, or otherwise distributing any communications, content or other materials to this Website or the Services by you or at your direction (“User Generated Content”), you hereby grant FIGR, its affiliates, partners, consultants, agents, representatives a non-exclusive, irrevocable, perpetual license to use such User Generated Content in connection with the operation of this Website and the Services, including, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such User Generated Content. You also waive all moral rights that you may have in such User Generated Content. No additional consideration will be provided to you for your User Generated Content. You agree that, unless you advise otherwise, FIGR may publish or otherwise disclose your name or username in connection with your User Generated Content. We may also anonymize (or otherwise de-identify) your User Generated Content. By posting User Generated Content on this Website or the Services, you represent and warrant that you own the rights to the User Generated Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Generated Content and that such User Generated Content do not violate any applicable laws. You agree that the burden of proving that any User Generated Content do not violate any laws or third party rights rests solely with you.
You are solely responsible for your User Generated Content. You are solely responsible for making and keeping backup copies of your User Generated Content and for applying the appropriate level of access rights to same. FIGR SHALL NOT BE RESPONSIBLE OR LIABLE FOR (I) THE DELETION OR ACCURACY OF ANY USER GENERATED CONTENT, (II) THE FAILURE TO STORE, TRANSMIT, ENCRYPT (OR OTHERWISE SECURE) OR RECEIVE ANY USER GENERATED CONTENT, OR (III) THE STORAGE, TRANSMISSION, ENCRYPTION (OR OTHER SECURITY) OR RECEIPT OF ANY OTHER COMMUNICATION INVOLVING THE USE OF THIS WEBSITE OR THE SERVICES.
15. YOUR COMMENTS
Feel free to e-mail your comments, suggestions and feedback to us (“Comments”). However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. FIGR is not liable for any damages related to communications to or from this Website or the Services.
You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) FIGR has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) FIGR may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you; and (iv) such Comments are truthful and do not violate the legal rights of others.
16. WEBSITE, SERVICES AND MATERIALS PROVIDED “AS IS”
THIS WEBSITE, THE SERVICES, THE FIGR MATERIALS, AND ALL OTHER MATERIALS AVAILABLE ON THIS WEBSITE (COLLECTIVELY, “MATERIALS”) ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, 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. FIGR DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
THE SERVICES AND ALL MATERIALS CONTAINED ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER ADVISOR.
17. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE SERVICES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
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.
19. TERM & TERMINATION
We reserve the right to suspend your Account and/or your access to this Website and/or the Services immediately, with or without notice to you, and without liability to you, if FIGR, in its sole discretion, believes that:
- any information provided by you is untrue, inaccurate, not current or incomplete; or
- you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of FIGR.
These suspensions will be for such periods of time as FIGR may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
- e-mail us at email@example.com; or
- mail us at 7 Innovation Way, Charlottetown, PE C1E 0B7 Canada.