FastFig Terms of Service
1. Your relationship with FastFig™ and Fig Labs, Inc.
1.1 Your use of FastFig™’s products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Fig Labs, Inc. under a separate written agreement) are subject to the terms of this agreement between you and Fig Labs, Inc. (sometimes referred to herein as FastFig™).
1.2 These Terms of Service form a legally binding agreement between you and FastFig™ in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to herein as the "Terms".
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by FastFig™ in the user interface for any Service; or (b) by actually using the Services. You understand and agree that FastFig™ will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Provision of the Services by FastFig™
3.2 You acknowledge and agree that the form and nature of the Services which FastFig™ provides may change from time to time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that FastFig™ may stop (permanently or temporarily) providing any or all of the Services (or any features within the Services) to you and/or to other users in FastFig™'s sole discretion, and without prior notice. You may stop using the Services at any time.
3.4 You acknowledge and agree that if FastFig™ disables access to your account, you may be prevented from accessing the Services, your account details, and any files or other content which may be contained in your account.
3.5 You acknowledge and agree that while FastFig™ may or may not currently have limits on usage, FastFig may impose or reduce such limits at anytime and without notification.
3.6 You acknowledge that FastFig may charge for access to any and all parts of the Services. Such charges and fees will be collected in accordance with the FastFig Payment terms accessible here: www.fastfig.com/payment-terms/
4. Use of the Services by You
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to FastFig™ will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by FastFig™, unless you have been specifically allowed to do so in a separate agreement with FastFig™. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with FastFig™, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that FastFig™ has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which FastFig™ may suffer) of any such breach.
4.7 You agree to notify FastFig™ of the web domain and sub-domain where FastFig™ services are being used. This includes usage on the internet, world wide web, private network(s), Local Area Network(s) (LAN), and similar systems wherever you may be using FastFig™ services. You agree to provide and give FastFig™ permission to collect active and up to date information of where FastFig™ is being used. Such information may also be collected via: IP Address, cookies, third party services to collect and/or manage data about users, and voluntary submission of domain information to FastFig™
4.8 If your usage of the Services is not authorized by FastFig™ your account may be deactivated. In addition, FastFig retains all rights to cease providing any or all Services. You may have your accounts suspended, de-activated, de-authorized, limited, or otherwise modified at the discretion of FastFig.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to FastFig™ for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify FastFig™ immediately at security@FastFig.com.
6. Privacy and your personal information
6.2 You agree to the use of your data in accordance with FastFig™’s privacy policies.
7. Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are your sole responsibility. All such information is referred to below as the “Content”.
7.2 FastFig™ reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
7.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Services at your own risk.
7.4 You agree that you are solely responsible for (and that FastFig™ has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which FastFig™ may suffer) by doing so.
8. Proprietary rights
8.1 You acknowledge and agree that FastFig™ (or FastFig™’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by FastFig™ and that you shall not disclose such information without FastFig™’s prior written consent.
8.2 Unless you have an agreement in writing, nothing in the Terms gives you the right to use any of FastFig™’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.4 Unless you have been expressly authorized to do so in writing by FastFig™, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from FastFig™
9.1 FastFig™ gives you a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by FastFig™ as part of the Services as provided to you by FastFig™ (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FastFig™, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless expressly permitted or required by law, or unless you have been specifically and expressly permitted to do so by FastFig™, in writing.
9.3 Unless FastFig™ has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. Content license from you
10.1 You agree that all content submitted for publication on FastFig™ is subject to the Creative Commons Attribution License (CC BY) available at http://www.fastfig.com/CCBY/. "Content" is defined as all code, documentation, comments, pictures and other digital submissions.
10.2 You recognize that by agreeing to the license specified in paragraph 10.1 gives FastFig™ a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
10.3 You confirm and warrant to FastFig™ that you have the rights, power and authority necessary to grant the above license to FastFig™.
11. Ending your relationship with FastFig™
11.1 The Terms will continue to apply until terminated by either you or FastFig™ as set out below.
11.2 If you wish to terminate your legal agreement with FastFig™, you may do so by (a) notifying FastFig™ at any time and (b) closing your accounts for all of the Services which you use, where FastFig™ has made this option available to you. Your notice may be issued by canceling your account in the settings section of the FastFig application.
11.3 FastFig™ may at any time, terminate its legal agreement with you and cease providing the Services to you if:
(A) you have breached any provision of these Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms); or
(B) FastFig™ is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner through whom FastFig™ offeres the Services to you terminates its relationship with FastFig™ or otherwise ceases to offer the Services to you; or
(D) FastFig™ is longer providing the Services to users in the country in which you are resident or from which you use the Services; or
(E) the provision of the Services to you by FastFig™ is otherwise terminated by FastFig in its sole discretion.
11.4 Nothing in this Section shall affect FastFig™'s rights regarding provision of Services under Section 4 of the Terms.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT FASTFIG™’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This document was last updated 13 August 2013.