These Terms of Service ("Terms") govern your use of the YouFig, Inc. ("Company") Web site located at http://www.YouFig.com/ (the "Site") or any subdomain on the site (e.g., http://example.youfig.com, or any site running the YouFig community as a white label product, and the services that are made available through the Site (collectively, the "YouFig Service"). Please read these Terms carefully. By using the YouFig Service, you are stating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the YouFig Service.
Your Responsibilities. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the YouFig Service and for paying all charges related thereto. You agree not to use the YouFig Service to violate any local, state, national, or international law or regulation.
User Submissions. Company does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the YouFig Service ("User Submissions"). As between Company and you, you own all rights to your User Submissions. However, to enable Company to provide the YouFig Service, you grant Company a worldwide and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed. Notwithstanding the foregoing, we will only make any of your User Submissions contained in a private Workspace available to individuals who have been invited to that Workspace. Company does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. While the site states that storage capacity for your community is "unlimited", usage of storage on Company servers should be within reason and shall not exceed a cumulaitve amount of 250 MB per user for all users of a community combined.
Company respects the intellectual property rights of others. Accordingly, Company has a policy of disabling access to any Submission that violates copyright law, suspending access to the YouFig Service to any user who uses the YouFig Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the YouFig Service in violation of copyright law.
Pursuant to Title 17 of the United States Code, Section 512, Company has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the YouFig Service, please provide written notice to Company's designated agent for notice of claims of copyright infringement at admin (at) YouFig (DOT) com.
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Company to locate that material; (d) contain adequate information by which Company can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Trademarks. "YouFig" and "YouFig?" are registered trademarks of Company. The YouFig logo is a trademark of Company. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with Company.
Termination. You agree that Company may terminate your YouFig Service membership or suspend your access to all or part of the YouFig Service, without notice, if Company determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Company shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the YouFig Service. You may discontinue your participation in and access to the YouFig Service at any time.
Modifications To Terms. Company may, in its sole and absolute discretion, change these Terms from time to time. Company will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the YouFig Service. Continued use of the YouFig Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To YouFig Service. Company reserves the right to modify or discontinue the YouFig Service with or without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the YouFig Service.
Links. Company's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Company. endorsement of such other Web site or resource or its contents. Company shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.
No Resale Of YouFig Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which Company agrees you retain all rights) of the YouFig Service, use of the YouFig Service, or access to the YouFig Service.
Disclaimer of Warranties. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE YOUFIG SERVICE IS AT YOUR SOLE RISK. THE YOUFIG SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUFIG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE YOUFIG SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). YOUFIG MAKES NO WARRANTY THAT THE YOUFIG SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE YOUFIG SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YOUFIG SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUFIG OR THROUGH THE YOUFIG SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability. YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL YOUFIG OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE YOUFIG SERVICE.
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company. liability shall be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the YouFig Service, (b) your (or anyone using your account's) use of the YouFig Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.
Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and Company with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Company with respect to the subject matter hereof. These Terms and the relationship between you and Company shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the YouFig Service shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Company and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the YouFig Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the YouFig Service.