TERMS OF USE
Welcome to [www.figurefactories.com] (our “Platform”). These terms of use (the “Terms”) constitute a legal agreement between you and FIGURE FACTORIES (“us” or “we”) governing the use of our Platform, our services offered via our Platform or otherwise by us and any other software provided by us in connection with any of the foregoing (collectively, the “Services”).
We license use of our Platform to you on the basis of these Terms. We do not sell our Platform to you and we remain the owner of our Platform at all times.
Please read these Terms carefully as it contains important information regarding your legal rights, remedies, and obligations. This includes in particular, various limitations, exclusions and an indemnity. If you do not agree to these terms, we will not licence use of this Platform to you and you must not use our Platform.
TERMS OF USE
The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such terms, you must not use our Platform.
Subject to you agreeing to abide by these Terms, we hereby grant to you a personal, non-exclusive and non-transferable licence to use our Platform on these Terms.
By registering for an account with us (“Account”) (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using our Platform, you confirm that:
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you have read these Terms and agree to be bound by and comply with them; and
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you are 18 years old and above.
You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
The following additional terms also apply to your use of our Platform and form part of these Terms:
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Our Acceptable Use Policy (which can be viewed here) sets out the permitted uses and prohibited uses of our Platform. When using our Platform, you must comply with this Acceptable Use Policy.
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Our Privacy Policy (which can be viewed here) sets out our policy concerning the collection, use and disclosure of your personal data (“Data”) in compliance with the Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”). By using our Platform, you consent to our collection, use and disclosure of your Data in the manner set out in our Privacy Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact our Data Protection Officer at [info@figurefactories.com].
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Our Frequently Asked Questions (which can be viewed here) which sets out further details of the Services.
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Our Terms and Conditions of Sale (which can be viewed here) which sets out our terms and conditions governing the purchase of services of production of 3-Dimensional prints (including any specified deliverables) from us. By purchasing any goods and/or services from us via the Platform, you are deemed to have agreed to our Terms and Conditions of Sale.
Uploading content to our Platform
You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, Acceptable Use Policy and the PDPA.
You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
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the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
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the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations under these Terms and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law.
We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
Restrictions
Except as expressly set out in these Terms or as permitted by any applicable law, you undertake:
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not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
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not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
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not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
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to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
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to comply with all applicable technology control or export laws and regulations; and
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not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
Intellectual property rights
You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms.
You acknowledge that you have no right to have access to our Platform in source code form.
You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Warranties
While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
Limitation of Liability
We have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
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loss of profits, sales, business, or revenue;
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business interruption;
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loss of anticipated savings;
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loss or corruption of data or information;
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loss of business opportunity, goodwill or reputation; or
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any other indirect or consequential loss or damage.
Nothing in these Terms shall limit or exclude our liability for:
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death or personal injury resulting from our negligence;
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fraud; and/or
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any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
Indemnity
You agree to indemnify and hold us, our related corporations (as determined in accordance with section 6 of the Companies Act (Cap. 50)), and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms (including our Privacy Policy, Acceptable Use Policy or Terms and Conditions of Sale) or any laws or regulations or otherwise.
Other important terms
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with these Terms, each party irrevocably submit to the exclusive jurisdiction of the courts of Singapore.