Last Updated: May 9th, 2023
1.1. “Digital Assets” means any digital blockchain asset subject to Figment’s staking-as-a-service.
1.2. “Digital Wallet” means the wallet or similar device or software used to store Digital Assets.
2. ACCESS AND USE
2.3. Modifications and Changes to the Website. We reserve the right to modify or otherwise change this Website and any portion thereof, including, but not limited to, its functionality, interface(s) or any other feature of the Website at any time and for whatever reason and with no notice to you. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, and to the extent such unavailability impacts any of the services offered by us, we expressly disclaim any liability for any losses or damages incurred in connection with such unavailability, including, but not limited to, any loss of value of your Digital Assets or any other assets linked to us through your Digital Wallet or otherwise made available to us on our Website.
2.4. Your Contributions. This Website includes functionality that may allow you to communicate and exchange ideas, information, data, and your content with us and other users of the Website (“Contributions”). You acknowledge and understand that your Contributions may be public and viewable or otherwise accessible by such other Website users. As such, to the extent that you elect to post or otherwise provide Contributions, you acknowledge and agree that (i) your Contributions will not contain information or data that is confidential or otherwise subject to an obligation of confidentiality by you or others, (ii) there is no guarantee that such Contributions will be private, and (iii) your Contributions will adhere to the terms and conditions set forth in Section 4. You acknowledge and agree that we may remove your Contributions for any reason, including, but not limited to as set forth in Section 12, at any time and with no notice to you.
By posting or otherwise providing Contributions to our Website you hereby grant us a non-exclusive, irrevocable, perpetual, royalty-free, sublicensable, transferable license to copy, display, perform, reproduce, distribute, or otherwise use such Contributions, and any intellectual property rights therein, in (i) the Website, (ii) any product or service provided by us or on our behalf, or (iii) in any of our research and developments efforts, and (iv) as otherwise permitted by law.
3.1. In order to use the Website, you covenant and agree that the following are true:
- You are of age 18 or over; and
4. RESTRICTION ON USE
- Use or attempt to use the Website for any person other than yourself;
- Access or use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights, privacy rights or any other right of any third party, including, but not limited to, by your use of framing or mirrors;
- Directly or indirectly take any action or use the Website in any manner that could damage, destroy, disrupt, disable, impair, overburden, or otherwise impede or harm in any manner our Website or any content, in whole or in part, or interfere with any other user’s use and enjoyment of the Website;
- Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website any portion thereof or any computer network or system that supports our Website;
- Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by us or any of our service providers to protect our Website and its content;
- Use or introduce any device, malware, software, virus, Trojan horse, worms, logic bombs, or any other material that (i) is malicious or harmful to the Website in any way, or (ii) interferes with the function of the Website or any portion thereof;
- Extract any Website data by scrapping or the use of any other means;
- Use any methods or technology that allows users or third parties to access the Website through deep linking or any other measure that directly links to any internal portion of our Website;
- Encourage or enable any other individual to do any of the foregoing.
5.1. You acknowledge and agree that (i) your limited license in Section 2.1 may be suspended for any period of time or otherwise terminated by us at any time and for any reason, (ii) we may shut down, suspend, terminate or otherwise make the Website or any portion thereof, unavailable to you for any period of time or indefinitely, and (iii) we may not provide you notice of such termination or such unavailability of the Website. We hereby disclaim any losses or damages incurred by you, including, but not limited to, any loss of value of those Digital Assets made subject to any services provided or otherwise offered under or in connection with our Website.
6. INTELLECTUAL PROPERTY
6.1. Ownership. As between Figment and you, Figment is the sole and exclusive owner of all right, title and interest in and to the Website and its content (other than your Contributions which are licensed to us under Section 2.4) features and functionality, including, without limitation, all information, software, text, displays, images, video, audio, and the selection, design and arrangement thereof, and any modifications, enhancements, derivatives thereto and all intellectual property rights therein. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us.
Certain names, logos, and other materials displayed in and through the Website may constitute trademarks, trade names, service marks or logos (“Trademarks”) of Figment. You acknowledge and agree that you are not authorized to use any such Trademarks without the express written permission of Figment. Ownership of all such Trademarks and the goodwill associated therewith accrues to and remains exclusively and solely owned by Figment.
6.3. Feedback. From time to time you may provide us with suggestions, ideas or other information relating to the Website, its features, functionality or any service provided under or in connection with the Website (“Feedback”). You acknowledge and agree that such Feedback shall inure to the benefit of Figment and shall be our exclusive intellectual property. As such, you hereby assign to Figment any and all right, title, and interest in and to your Feedback, including any intellectual property rights therein.
8. REPRESENTATIONS AND WARRANTIES
10. LIMITATION OF LIABILITY
12. COPYRIGHT INFRINGEMENT CLAIMS
Figment reserves the right to remove any Contributions, content or any other material or information available on or through our Website, at any time, for any reason, which you may have posted or otherwise provided. Figment otherwise complies with the provisions of the Digital Millennium Copyright act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. If you have a good faith belief that your copyrighted works are subject to a DMCA takedown, submit the information below:
- An electronic signature or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification and description of the copyrighted work that you claim has been infringed and its location on our Website;
- Information reasonably sufficient for us to contact you;
- A statement that you have a good faith belief that use of the copyrighted work is not authorized by its recorded owner; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or their designated agent who is authorized to act on their behalf.
If you have objections to copyrighted content or material made available on or through our website, you may submit a notification with the above information to our designated agent at the following address:
13.6. Cooperation and Assurances. You acknowledge that we may be obligated to report certain activities or information to relevant authorities related to your use of the Website or any of the services provided under or in connection with the Website. As a result, you agree to promptly provide such information or cooperation as we may reasonably request in order to address any matter with, or inquiries by, any regulatory authorities related to the Website or any services provided under or in connection with the Website.
13.7. Linked Sites and Hyperlinks. The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of or any resources referenced in any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply an endorsement of the Linked Site or any association with its operators or owners. Your use of these Linked Sites is at your own risk and subject to the terms and conditions of use for such Linked Sites. We are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.