Terms of Service — Figmin XR

Terms and conditions

This agreement applies to and between you, the User of the Website (https://www.figmin.com) and Overlay LLC (with a service name known as Figmin XR). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website or Service. If you do not agree to be bound by these Terms and Conditions, you should stop using the Service immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website and any application operated by Overlay LLC, Figmin XR or https://www.figmin.com ("us", "we", or "our"). In this Agreement “you” and “your” refer to users and prospective users of our website and application, “we”, “company”, “us” and “our” refer to Overlay LLC, Figmin XR or https://www.figmin.com and “Service” refers to the services provided by us on the website and application. Party”, “Parties”, or “Us”, refers to both the users and ourselves, or either the users or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to our users. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement. By using https://www.figmin.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.

Unauthorised access

It is unlawful to try and gain unauthorised access to the site, its servers, or any computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offence. In the event of such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Our Services/ Process

We at Overlay LLC have dedicated our time and effort in creating an app like no other. Figmin XR is an app where you create, collect and play with 3D models. On our website, you can interact with other users creations and share 3D model ideas and publish 3D creations. Figmin XR can be used by people such as but not limited to 3d and voxel artists, gamers, game developers, engineers and many more. It can be used by professionals and anyone interested in making 3d creations. It is very easy and fun to use.

Fraudulent Transactions

In the event of any claim that your account has been used without your permission or any other fraudulent use, we will assist you with any investigations regarding this matter including providing all the details used to register associated profiles and any communications through or related to the Site or 3D models you have created. Falsely making a fraudulent claim can result in your account being blacklisted and blocked.

Intellectual Property & User Content License

As between you and Figmin XR, you own your Content. However, we do require you to grant certain rights to Figmin XR and other users of the Service, as described below.

License to Figmin XR

By using the Services, you grant Figmin XR a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute and adapt the publicly shared User Content for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities and your publicly shared User Content. You further grant Figmin XR the right to use your name and trademarks, if any, in connection with our use of your publicly shared User Content.

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service. For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Removing Your Content

You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms. Subject to other terms in these Terms and Conditions, all Content included on the Website, unless uploaded by Users or other third parties, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Figmin or our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable laws of the United States of America and, International and European Intellectual Property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us. During the operation of the Services, Users may upload certain User Content including 3D models. You remain the owner of your User Content at all times, and Figmin XR not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions. This Agreement applies to all the User Content that you contribute onto our Website during the term of this Agreement. You are solely responsible for ensuring that any User Content you submit to the Services complies with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your User Content may be used in accordance with our Privacy Policy. Figmin XR always has the right, in its sole discretion, to accept or reject any given User Content. Right to Monitor, Moderate or Remove

You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and Figmin XR has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. Figmin XR does not permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. We reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of Figmin XR to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that You and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate.

User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site and application. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of https://www.figmin.com or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Use of the website

When using the website and our service, you shall act in accordance with the following rules:

The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
Create pornography, sale or distribute pornography content or other content of obscene materials or sexually related;

You accept that https://www.figmin.com may retain copies of any and all communications made to us or using our System. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

Our responsibilities

Your safety when using our site is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security. We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension. If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners), we will not be liable for this.

Disclaimers

We do not make any warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services. Whilst every effort has been made to ensure that all descriptions of Services available from Figmin correspond to the actual Services, we are not responsible for any variations from these descriptions. Whilst we do our best to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers. Third-party websites with links from the Site have not been verified or reviewed by Figmin, use and access of such third-party websites is made at your own risk.

Modification of Service and these Terms and Conditions

Figmin reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to whenever we upload this content.

Limitation of Liability

To the maximum extent permitted by law, Figmin accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Indemnification

You agree to defend, indemnify and hold Figmin harmless from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to our site https://www.figmin.com and our Services, including any data, or content transmitted or received by you;
your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein;
your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
your violation of any applicable law, rule or regulation;
any fraudulent behaviour, wilful misconduct or gross negligence;

No Waiver

Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Resolving disputes

Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator in the United States of America or as agreed upon by the parties.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Overlay LLC or Figmin.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and Overlay LLC shall be governed by and construed in accordance with the laws of the United States of America and you agree to submit to the exclusive jurisdiction of the United States of America.

Entire agreement

These Terms, the Privacy Policy, and any other agreement contained on the Site or agreed by the parties constitute the entire agreement between you and Overlay LLC.

Information about our use of cookies

We use cookies on this website to provide you with a better user experience. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, refer you to a third party website. Some cookies are required to enjoy and use the full functionality of this website. We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options. https://www.figmin.com uses cookies to help us identify and track visitors, their usage of https://www.figmin.com and their website access preferences. https://www.figmin.com visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our website, with the drawback that certain features of https://www.figmin.com may not function properly without the aid of cookies. By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to our use of cookies. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies. These cookies are likely to be analytical/performance cookies or targeting cookies.

How to contact us

If you have any questions about out company’s Terms and Conditions, or you would like to exercise one of your data protections rights, please do not hesitate to contact us at support@overlaymr.com