figmaWORLD Terms of Use

Please read these Terms of Use (the "Terms") carefully before using the websites located at figmaworld.com and all related subdomains (each site and related subdomains, a "Website" and collectively, the "Websites"), any software applications branded by figmaWORLD (hereinafter "figmaWORLD," "we," "us," "our"), or any software applications ("Applications") or services provided by us through any third party websites, such as Facebook (each a "Third Party Site" and, collectively, "Third Party Sites"). The Websites, and any applications, products or services provided by us, either directly or through any Third Party Sites, are collectively, the "Services."

THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND FIGMAWORLD. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE SERVICES.

1. GENERAL

The Services are offered by figmaWORLD to enable you to see, experience, and learn more about Japanese otaku culture and to engage with other fans of such culture. Through the Services you will be exposed to a wide range of information, including, possibly, photographs, communications, music, videos, artwork, messages, and merchandise (collectively, "Content"). Some of the Content may be provided by us while other Content may be provided by other users of the Services or third party merchandisers (each a "User" and, collectively, "Users"). Content provided by Users, including any public postings or communications with other Users of the Services (including, without limitation, any Project Feedback (defined below)) and any General Feedback (defined below), is, collectively, "User Content."
Use by or on Behalf of an Entity. If you are using the Services on behalf of a company, entity or organization (each a "Subscribing Entity"), then you represent and warrant that you: (a) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity.
Changes to these Terms. The Websites and all Services (but not the Third Party Sites) are owned and operated by figmaWORLD. figmaWORLD reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Websites. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of these Terms. Your continued use of the Services after a revised version of these Terms has been posted by figmaWORLD to the Websites constitutes your binding acceptance of such revision and the revised Terms. Notwithstanding the preceding sentences of this Section 1.3, no revisions to these Terms will apply to any dispute between you and figmaWORLD that arose prior to the date of such revision.
Evolving Nature of Services. The Services are continually under development and changes to the Services may be made at any time. If you disagree with the Terms or are in any way dissatisfied with the Service, we hope you will let us know by sending an e-mail to support@figmaworld.com, but your sole remedy is to discontinue your use of the Services.
You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
Jurisdictional Issues. The Websites and the Service are controlled and operated by figmaWORLD from its offices in the United States of America. figmaWORLD makes no representation that Content available on or though the Services are appropriate or available for use in locations other than the United States of America. Those who choose to access or use the Services from locations other than the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the Content or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. If access to any Content made available on either Website or via the Services by you shall give rise to any liability for figmaWORLD outside of the United States of America or require that figmaWORLD obtain any licenses for activities outside of the United States of America, then you are expressly prohibited from using or accessing the Service through any means or channel.

2. USE OF THE SERVICE

figmaWORLD may provide the Services through the Websites, Applications, Third Party Sites, other channels owned or operated by or on behalf of figmaWORLD, and any other media or channels now known or hereafter developed, including, but not limited to, in conjunction with other products or services offered by third parties. The Services may require that you agree to additional terms and conditions, including those of Third Party Sites. Any terms and conditions required by figmaWORLD for use of any portion of the Services offered by figmaWORLD (but not those of any Third Party Site) will, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the services with respect to which those terms relate. Such additional terms and conditions (if any), but not those of any Third Party Sites, are hereby incorporated into and made a part of these Terms by reference. You may also be subject to the terms of use of any Third Party Sites and you are solely responsible for your acceptance of and compliance with such terms. For the avoidance of doubt, these Terms apply to any of our Applications.

3. CHILDREN

The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. By using the Services, you affirm that you are at least 18 years of age. If you are 13 to 17 years of age, then you must obtain your parent or guardian’s consent to use the Services and by using the Services you hereby represent that you have obtained such consent. figmaWORLD does not seek to gather personal information from or about children under the age of 13 through the Services.

4. PRIVACY

Use of the Services is governed by figmaWORLD’s Privacy Policy, which policy is hereby incorporated into these Terms by reference. Please be sure to review our Privacy Policy before using the Services.

5. SERVICE SECURITY

We have gone to great lengths to develop the Services and may, from time to time, take steps to protect the integrity or operation of the Services. If you violate these Terms in any way, as determined in our sole discretion, we may terminate your right to use the Services without any liability to you. We reserve the right to investigate any alleged or suspected violations of these Terms and, if a criminal violation is suspected or harm to the Services or any other Users or person, property or thing is expected, anticipated or feared, then figmaWORLD may refer such suspected violations or activities to law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services. You hereby consent in advance to such disclosures and agree that you will not have any claims against figmaWORLD arising out of such disclosures to law enforcement agencies.

6. REGISTRATION

Log In Credentials. In order to use certain functionalities of the Services (such as to purchase Products from the figmaWORLD Shop, as defined below), you will have to register with us in order to create an account or we may permit you to use the credentials of Third Party Sites, such as Facebook or Twitter. You are responsible for maintaining the confidentiality of your account credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials, including any purchases made through the figmaWORLD Shop. You agree to notify figmaWORLD immediately of any unauthorized use of your account credentials or any other breach of security with respect to your account. figmaWORLD will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying figmaWORLD of such unauthorized use or loss of your credentials. Separate credentials may be required in order to use Third Party Sites, and you may be subject to additional requirements, terms of use and privacy policies when using such Third Party Sites. If you choose to access the Services through the use of credentials of a Third Party Site, you acknowledge and agree that public information about you that is made available through such Third Party Site will be shared with us, and we have your permission to access and use such information in the operation of the Services. If you do not wish to share information about yourself with us that is available through Third Party Sites, then you should not use the credentials of a Third Party Site to register for and use the Services.
Accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by figmaWORLD. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, then figmaWORLD reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.

7. LICENSES

License to the Services. We grant you a limited, revocable, non-assignable, non-sublicensable, royalty free license to access and use the Services solely in accordance with the Terms and pursuant to any authorized functionalities of the Services, including the right to access and view content made available through the Services. Except as expressly provided for in these Terms, there are no implied licenses for the use of the Services or for any Content made available on or through the Services, and the license granted herein is for your personal, non-commercial use only. No commercial uses of the Services are hereby authorized without our separate written consent, which may be withheld for any reason.
The Content made available on or through the Services (excluding User Content), may be protected by copyright or other intellectual property rights and owned by figmaWORLD or third party licensors of figmaWORLD. No material from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, User Content and Products, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of figmaWORLD or its licensors, unless you have obtained express written authorization to the contrary. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to figmaWORLD.
All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to figmaWORLD or to other companies where so indicated. Unless otherwise permitted by law, you may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
User Content. This section governs any User Content you upload or transmit to or through the Services:
1. You are solely responsible for all User Content you submit to or through the Services. You must not upload or transmit any User Content to or through the Services or to us through email that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Any User Content uploaded, linked to, or transmitted to or through the Services or to us via email will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by figmaWORLD any purpose or disclosed by us to any third party with or without notice to you and without any liability by us.
2. Retention of Your Intellectual Property Rights. BY UPLOADING, LINKING TO OR OTHERWISE PROVIDING USER CONTENT TO THE SERVICES YOU ARE NOT – PURSUANT TO THESE TERMS – SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS IN YOUR USER CONTENT THAT YOU MAY HAVE. RATHER, YOU ARE MERELY GRANTING FIGMAWORLD (AND OTHER USERS AS DESCRIBED IN SECTION 7(4)(c)(ii) BELOW) A LICENSE PURSUANT TO THE PROVISIONS OF THESE TERMS. YOU WILL CONTINUE TO OWN, TO THE EXTENT OF YOUR EXISTING RIGHTS, ALL OF YOUR USER CONTENT.
3. License Grants.

You hereby grant figmaWORLD an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), create derivative works from, modify (e.g., reformat), transmit to Third Party Sites, and otherwise use and exploit (collectively, "Use") all User Content you link to or upload to or through the Services or to us through email, on and through the Services (including when the Services are made available through Third Party Sites), regardless of how such Services are delivered to Users, including through any technologies or distribution methods now known or hereafter created, and to advertise, market, and promote the Services and/or the availability of your User Content on the Services. You further grant figmaWORLD an irrevocable, perpetual, royalty-free license to Use your name, image, voice, likeness, and any information provided by any Third Party Sites whose credentials you use to access the Services in conjunction with advertising, marketing, or promoting the Services or the availability of your User Content.

Survival of Rights for Removed User Content. You may delete your User Content from your account on the Services at any time but the rights granted in Section 7.4(c) shall survive the deletion of your User Content to the extent your User Content is stored on computer servers or other storage media or technologies utilized by figmaWORLD. We may also retain any of your User Content for archival or audit purposes or pursuant to any judicial or administrative order. Any User Content you post in a public section of the Services (e.g., a comments section) may remain on the Services indefinitely and we have no obligation to remove such User Content.
Limitations on Grant of Rights to figmaWORLD. Notwithstanding the grant of rights in Section 7.4(c), nothing contained in these Terms grants figmaWORLD a right or license to sell your User Content on a standalone basis to any third party, although you acknowledge and agree that figmaWORLD may generate advertising, subscription, and other revenues from the operation of the Services, including advertising that may appear before, after or simultaneously with the Use of your User Content, and that you will have no right to share in any portion of such revenue.
Waiver of Rights. By uploading User Content to or through the Services you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload to or through the Services. You expressly release figmaWORLD and all of figmaWORLD’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content. Notwithstanding the preceding sentences of this Section 7.4(f), you should let us know immediately if you object to any uses of your User Content on or through the Services or in the promotion of the Services. We will consider all reasonable requests to terminate any Use that you find objectionable, but we shall have no liability to you for any Use authorized in these Terms.
Requirement that You Be an Owner of or Fully Authorized to Grant the Rights To User Content. If you are not the owner of or are not fully authorized to grant rights in all of the intellectual property in all of the elements of the User Content you intend to upload or transmit to or through the Services, then you must not upload the User Content to or through the Services.
Confirmation of Rights. figmaWORLD reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Content you upload to or transmit through the Services. If you fail to provide us with such confirmation upon request, then we reserve the right to remove or deny access to any or all of your User Content available on or through the Services and to suspend or terminate your account with figmaWORLD. We will have no liability to you for any actions taken by us pursuant to this Section 7.4(h).
Representations and Warranties with Respect to Your User Content. By uploading or transmitting User Content to or through the Services, you hereby represent and warrant to figmaWORLD that (i) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content and (ii) the Use of such User Content in a manner consistent with these Terms will not (A) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (B) require figmaWORLD or any Third Party Site on or through which the Services is made available to pay any fees of any kind to any third party for any Use of your User Content.
General Feedback. You further grant figmaWORLD a royalty-free license throughout the universe to Use, without any payment or accounting to you or any other third party, any concepts, know-how, ideas or inventions that you (and those who act on your behalf) upload or transmit to or through the Services or to us through email (but excluding any Project Feedback) (collectively, "General Feedback").

8. MONITORING AND REMOVING USER CONTENT; RELIANCE ON USER CONTENT

Monitoring User Content. We do not control User Content accessible on or through the Services, and do not have any obligation to monitor User Content for any purpose. We also have no obligation to permit User Content to be made available on or through the Services. We may choose, in our sole discretion, to monitor, review, or otherwise access some or all User Content, but by doing so we nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, or to monitor, review, or otherwise access other User Content. You acknowledge that we may remove any of your User Content from the Services at any time, with or without notice to you and without any liability to you, including for, by way of example and not limitation, any Objectionable Content (defined below).
Reliance on Accuracy of User Content. You agree that you will evaluate and bear all risks associated with any User Content you obtain on or through the Services, including any reliance on the accuracy, completeness, usefulness or legality thereof. figmaWORLD makes no representations or warranties with respect to any User Content.
Reporting of Content. If you locate any User Content on or through the Services that you find offensive or objectionable, you may report such User to figmaWORLD by sending an e-mail to support@figmaworld.com. If you believe any User Content infringes any of your intellectual property rights, then please report such User Content pursuant to Section 17 of these Terms.
No Endorsement. figmaWORLD does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Content. The opinions expressed in any User Content are to be attributed solely to the author thereof. Any reliance you place on any User Content is at your own risk.

9. figmaWORLD SHOP

Products Sold by figmaWORLD.
1. figmaWORLD may offer products, including physical and digital goods, contents (the "Products") for sale through certain portions of the Websites (the "figmaWORLD Shop") and through "Subscription Plans" (described in Section 9.6 below). The price for each Product shall be displayed at the point of purchase. You shall be responsible for the payment of any Product purchased by you through figmaWORLD Shop or Subscription Service (each such purchase, a "Transaction"), as well as any shipping costs, taxes or other fees associated with your Transactions.
2. figmaWORLD reserves the right to immediately halt the offering or sale of any Products, in its sole and absolute discretion, without any liability to any User, and to correct any inaccurate listing or technical problems with any Products. If you identify any inappropriate Products available via the Services, then please send a detailed e-mail notice to support@figmaworld.com identifying the inappropriate Product and a brief explanation of why such Product is inappropriate.
3. Replacement Products. figmaWORLD may redistribute previously purchased copies of digital Products, if, in figmaWORLD’s sole determination, a purchaser of such Product received a corrupted or otherwise damaged item. figmaWORLD shall not charge a User a fee for a re-download. If a digital product you have purchased is corrupted or otherwise damaged, then please send an e-mail explaining the problem and the circumstances under which such problem arose to support@figmaworld.com. figmaWORLD may terminate, in its sole and absolute discretion, the account of any User that is deemed to be abusing this provision.
1. All charges and payments for Transactions will be made in U.S. currency unless otherwise specified. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card, debit card or other payment method provider.
2. Methods of Payment. Your Transactions can only be made using an approved payment method. You must be authorized to use the payment method used to make purchases through the Services. All Transactions made through the Services will be confirmed by an e-mail sent to the e-mail address affiliated with your User account. If you have any questions regarding any purchase confirmation you receive, then please direct your questions to support@figmaworld.com.
3. Published prices do not include taxes, duties or shipping and may be changed without notice at any time. You agree to indemnify and hold figmaWORLD harmless from any claims by any taxing authority arising out of your Transactions through the Services.
4. All Transactions are final, and figmaWORLD does not offer refunds for any purchased Products. If any Product purchased by you is corrupted or otherwise damaged, then please contact support@figmaworld.com for assistance in receiving a replacement, to the extent figmaWORLD offers a replacement for such product in its sole and absolute discretion.
5. Cancellation of Payments and Purchases. Payments and purchases may not be cancelled by you, except as required by law. However, figmaWORLD reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a Transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, then there may be a hold on your use of that transaction amount for several days.
6. figmaWORLD may offer coupons ("Coupons") from time-to-time. The terms of Coupons, such as the expiration date, will be set forth on the face of the applicable Coupon. Coupons are not redeemable for cash.
Risk of loss and title for physical Products pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Title to digital Products that you purchase will pass to you upon delivery of the Products. The purchase of a Product shall not transfer any intellectual property rights in any Products unless specifically noted.
When you place an order for a physical Product, the Product will be shipped to the address you designated at the time of purchase.
1. The Services may include an opportunity for you to earn, buy or use a type or types of virtual currency ("figPOINTS") to purchase Products in the figmaWORLD Shop.
2. figPOINTS are not real money, do not have monetary value, and may never be redeemed for "real world" money or other items of monetary value from outside of the Services without our written permission. While we may use terms like "buy," "purchase" or "sell" in reference to the figPOINTS, we do so only for convenience and such terms in no way indicate that figPOINTS have monetary value or are real money. You acknowledge that figPOINTS are not real currency and are not redeemable for any sum of money from us at any time. We make no guarantee as to the nature, quality or value of the features of the Services or the availability or supply of figPOINTS.
3. figPOINTS are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Services. figPOINTS may not be transferred or re-sold in any manner, including, without limitation, by means of any direct sale or auction service. Any "virtual currency" balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
4. All figPOINTS are forfeited if your account or access to the Services is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the Services. We may at any time expire free or promotional figPOINTS given to you.
5. We have no liability for hacking or loss of your figPOINTS or any Products obtained via figPOINTS. We have no obligation to, and will not, reimburse you for any figPOINTS or any Products obtained via figPOINTS that are lost due to your violation of these Terms. We reserve the right, without prior notification, to limit the quantity of figPOINTS and/or to refuse to provide you with any figPOINTS. Price, exchangeability and availability of figPOINTS are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify and/or eliminate figPOINTS, at any time, with or without notice, as we see fit in our sole discretion, and that we will have no liability for exercising such right.
6. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your figPOINTS regardless of the circumstances. You absolve us of any responsibility to maintain or update your figPOINTS account. However, if there is a loss of figPOINTS in your account due to technical or operational problems with the Services, then we will refund the lost figPOINTS once the loss has been verified. Without limiting any of the foregoing provisions of this Section 9.5 of the Terms, our maximum liability or responsibility to you is to refund the figPOINTS lost.
7. Redemption of figPOINTS.
  1. You may redeem your figPOINTS for Products in the figmaWORLD Shop. We will, in our sole discretion, determine and communicate the availability and exchange rate for any figPOINTS, which may be modified at any time. You must comply with any individual Product limitations as indicated via the Services. All redemptions are subject to these Terms and all limitations and requirements stated via the Services.
  2. You may choose a Product that is available for which you have sufficient figPOINTS for redemption. Upon selecting the Product you wish to buy with your figPOINTS, follow the instructions to complete the redemption process. As part of the redemption process, you may receive a confirmation email or message from us and/or our designee and, when applicable, an email or message containing the Products in the form of a link, code, coupon or similar means. Emails or messages will be sent to the email address or other contact information assigned to your account. You hereby authorize us to communicate with you via email.

All acquisitions of figPOINTS and redemptions for Products are final. Once figPOINTS have been lost or spent, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No figPOINTS will be re-credited to your account in the event of a return or exchange of a Product, or any problem with any Product.

Subscription Plans
1. By subscribing to this service, monthly boxes of Products shipped to your address and/or the digital services available each term at the price listed. You acknowledge that selecting Subscription Plan will have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive terms at the subscription rate applied upon purchase. To cancel your next subscription at any time, you must log-in to your account and confirm cancellation to avoid the next recurring charge. figmaWORLD will continue to process recurring charges without authorization if you are subscribed to a recurring plan. Charges for Subscription Plans are paid upfront for the respective term, and will renew at the end of the term without authorization. You may receive emails regarding your account status or shipment notifications. If a cancellation request is submitted after your renewal date, you will still receive the box or are accessible to digital services you have already paid for. You will never incur any additional charges after cancellation. Any account changes (including shipping addresses and subscribed plans) shall be made before your auto renewal date so that your change would reflect on the following shipment. You understand that you are joining a Subscription Plan, which means you will be automatically billed on a recurring basis and will receive a box delivered to your mailing address and/or are accessible to the digital services each month. If you are uncertain about an auto-renewing services, please do not sign up.
2. As a User, you agree to the following benefits and Terms: You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, phone number and credit or debit card number. If your payment is declined, your membership may be suspended and you will not receive a box or are not accessible to the digital services for the months in question. We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy and is not shared with any other parties except for payment processing reasons. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. All items purchased on the Services (both shop products and subscription boxes and/or digital services) are final and non-refundable due to the perishable nature of the items. All recurring plans are non-refundable for any reason during the term.

10. PROHIBITED ACTIVITIES

In using the Services you agree not to:
1. Create a false identify or impersonate another person or entity in any way;
2. Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
3. Upload or otherwise transmit to or through the Services any Objectionable Content;
4. Upload or otherwise transmit to or through the Services any material that can cause harm or delay to the Service or computers of any kind;
5. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
6. Restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Service or obtained from the Services without the consent of such person, or collect information about users of the Services;
7. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by figmaWORLD;
8. Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
9. Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Services, use of the Services, access to the Services or User Content obtained through the Services, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without figmaWORLD’s express written consent:
  1. copying, caching or reformatting any materials accessed through the Services for commercial purposes in any fashion whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Services to alternative delivery formats;
  2. framing, embedding and/or passing off information obtained from the Services in such a manner as to present them as originating from a source other than the Services;

altering, defacing, mutilating or otherwise bypassing any approved software through which the Services are made available; and

using any trademarks, service marks, design marks, logos, photographs or other Content belonging to figmaWORLD or obtained from the Services.

Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any Content (including User Content) accessible on or through the Services, or features that enforce limitations on the use of the Services or any Content accessible on or through the Service;
Use any scraper, spider, robot or other automated means of any kind to access the Services, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or Content (including User Content) on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;
Violate any applicable federal, state or local laws or regulations or these Terms; or
Assist or permit any persons in engaging in any of the activities described above.

11. DISCLAIMER OF CONTENT (INCLUDING USER CONTENT)

THE FOLLOWING TERMS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

YOU UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT (INCLUDING USER CONTENT) FROM A VARIETY OF SOURCES, AND THAT FIGMAWORLD IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT (INCLUDING USER CONTENT) THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FIGMAWORLD WITH RESPECT THERETO.
UNDER NO CIRCUMSTANCES WILL FIGMAWORLD BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY CONTENT (INCLUDING USER CONTENT), INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING USER CONTENT) OR PRODUCTS DISPLAYED, PERFORMED, TRANSMITTED OR ACCESSIBLE ON OR THROUGH THE SERVICES. BY ACCESSING OR USING ANY CONTENT (INCLUDING USER CONTENT) DISPLAYED, PERFORMED, TRANSMITTED OR ACCESSIBLE ON OR THROUGH THE SERVICES, YOU WAIVE ANY AND ALL CLAIMS AGAINST FIGMAWORLD THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH CONTENT.
Retaining Backup Copies. FIGMAWORLD DOES NOT GUARANTEE THE CONTINUED AVAILABILITY OF USER CONTENT, AND MAY DELETE ANY USER CONTENT FROM THE SERVICES AT ANY TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU RETAIN COPIES OF ANY USER CONTENT YOU UPLOAD TO THE SERVICES.

12. LINKS TO THIRD PARTY SITES

The Services provide links to Third Party Sites. These links are for convenience only. If you use these links, you will leave the Services. figmaWORLD is not responsible for the availability of or the content provided by these Third Party Sites, or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not figmaWORLD is affiliated with the owners of such Third Party Sites. In addition, the linking to Third Party Sites is not an endorsement or approval by figmaWORLD of the organizations owning, operating, or sponsoring such Third Party Sites or their products or services. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites. Notwithstanding the immediately preceding sentence, the use of any portion or feature of the Services available on or through a Third Party Site will continue to be subject to these Terms.
No Liability for Third Party Sites. YOU AGREE THAT FIGMAWORLD WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICE.

13. INDEMNITY

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless figmaWORLD and its parent, subsidiaries, affiliates, investors, partners, sublicensees or any related companies, licensors and suppliers, and its and their respective directors, officers, employees, agents, representatives, contractors, and assigns from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (a) your use or misuse of the Services; (b) your breach or other violation of these Terms, including any representations, warranties and covenants herein; (c) any User Content uploaded by you on or through the Services; or (d) your violation of the rights of any other person or entity, including any intellectual property or other protected rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us if we, in our reasonable discretion, conclude that you are not adequately protecting our interests or are incapable of protecting our interests, and you agree to cooperate with our defense of these claims. We shall provide you with notice (email shall suffice) in the event we assume the defense or control of any matter pursuant to this Section 13; provided we have information necessary for contacting you. You agree not to settle any matter for which you are obligated to indemnify figmaWORLD without the prior written consent of figmaWORLD. We will use reasonable efforts to notify you of any such claim, action or proceeding for which it is seeking indemnity from you upon becoming aware of it, but figmaWORLD’s inability to contact you shall not relieve you of your indemnification obligation.

14. ADDITIONAL DISCLAIMERS

THE FOLLOWING TERMS IN THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

THE SERVICES AND ANY CONTENT AND PRODUCTS ACCESSIBLE ON AND THROUGH THE SERVICES (INCLUDING USER CONTENT) ARE PROVIDED BY FIGMAWORLD ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
FIGMAWORLD AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIGMAWORLD, AN EMPLOYEE OR REPRESENTATIVE OF FIGMAWORLD OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FIGMAWORLD AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT AND PRODUCTS THROUGH THE SERVICES OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR PRODUCTS. ALL PRODUCTS PURCHASED ON OR THROUGH THE SERVICES, WHETHER PURCHASED FROM FIGMAWORLD OR A THIRD PARTY, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. FIGMAWORLD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FIGMAWORLD HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. FIGMAWORLD MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

15. LIMITATIONS

IN NO EVENT WILL FIGMAWORLD OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT MADE AVAILABLE OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF FIGMAWORLD OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FIGMAWORLD OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS ($100.00) OR (2) THE AMOUNT OF FEES YOU HAVE PAID FIGMAWORLD (IF ANY) IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

16. TERM AND TERMINATION

These Terms, as amended, will be effective commencing with your first use or registration of the Services and will remain in full force and effect until terminated as set forth below.
Termination by figmaWORLD. figmaWORLD may terminate your use of the Services or any of our features or services at any time and for any reason, with or without notice, including, but not limited to, for conduct violating these Terms or upon figmaWORLD’s sole determination as necessary to protect the Services, other Users of the Services, or figmaWORLD or its partners and affiliates. You hereby agree to figmaWORLD’s broad right of termination. You agree that if your use of the Services is terminated pursuant to these Terms, then you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, then you will indemnify and hold us harmless from any and all liability that we may incur therefor.
Termination by You. You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an e-mail to support@figmaworld.com or using any other account termination functionality that may be offered through the Services.

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS

figmaWORLD respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.
figmaWORLD’s intellectual property policy is to (a) remove or disable access to Content or materials that figmaWORLD believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any Content posted to the Services by "repeat infringers." figmaWORLD considers a "repeat infringer" to be any user that has uploaded User Content to the Services and for whom figmaWORLD has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. figmaWORLD has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon figmaWORLD’s own determination.
Procedure for Reporting Claimed Infringement.
1. If you believe that any Content accessible on or through the Services infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
  2. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;

Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit figmaWORLD to locate the material;

Information reasonably sufficient to permit figmaWORLD to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your own lawyer and/or see 17 U.S.C. § 512 of the United States Copyright Act to confirm your obligations to provide a valid notice of claimed infringement.

Designated Agent Contact Information. figmaWORLD’s Designated Agent for notices of claimed infringement can be contacted at:

Via E-mail: copyright@figmaworld.com
Via U.S. Mail:

figmaWORLD Copyright Division
7601 FM 1960 RD E, PMB #245
Humble, TX, USA, 77346

Counter Notification.
1. If you receive a notification from figmaWORLD that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide figmaWORLD with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to figmaWORLD’s Designated Agent through one of the methods identified in Section 18.4, and include substantially the following information:
  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which figmaWORLD may be found, and that the subscriber will accept service of process from the person who provided notification under Section 17.3 above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

17 U.S.C. § 512(f).

figmaWORLD reserves the right to seek damages from any party that submits a notification of claimed infringement in violation of the law.

For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 17 should be sent to the Designated Agent at copyright@figmaworld.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about figmaWORLD, the operation of the Services or any other matter should be sent to support@figmaworld.com.

18. DISPUTE RESOLUTION

In the interest of resolving disputes between you and figmaWORLD in the most expedient and cost effective manner, you and figmaWORLD agree that any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FIGMAWORLD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding Section 18.1 above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and figmaWORLD will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting figmaWORLD. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). figmaWORLD’s address for Notice is: figmaWORLD, 7601 FM 1960 RD E, PMB #245, Humble, TX, USA, 77346, Attn: Chief Executive Officer. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, then you or figmaWORLD may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or figmaWORLD must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by figmaWORLD prior to selection of an arbitrator, figmaWORLD will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by figmaWORLD in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.
If you commence arbitration in accordance with these Terms, then figmaWORLD will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Multnomah County, Oregon, but if the claim is for $15,000 or less, then you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse figmaWORLD for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND FIGMAWORLD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and figmaWORLD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Except as otherwise provided in these Terms, if figmaWORLD makes any future change to this arbitration provision, other than a change to figmaWORLD’s address for Notice, then you may reject the change by sending figmaWORLD written notice within 30 days of the change to figmaWORLD’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and figmaWORLD.
If Section 18.6 above is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void.

19. MISCELLANEOUS

Governing Law; Entire Agreement. This is the entire agreement between you and figmaWORLD relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by figmaWORLD as authorized in these Terms. These Terms will be governed solely by the laws of the State of Oregon, without regard to its conflicts of laws principles.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of figmaWORLD to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by figmaWORLD without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and figmaWORLD as a result of these Terms or use of the Services.
The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to, Sections 4 (Privacy), 5 (Service Security), 7.4(d) (Survival of Rights for Removed User Content); 7.2-7.4 (Licenses), 8 (Monitoring and Removing Content; Reliance on User Content), 10 (Prohibited Activities), 11 (Disclaimer of Content, Including User Content), 12 (Links to Third Party Sites), 13 (Indemnity), 14 (Additional Disclaimers), 15 (Limitations), 16 (Term and Termination), 18 (Dispute Resolution), and 19 (Miscellaneous).
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
E-mail Communications. You hereby authorize figmaWORLD to communicate with you about the Service via email during the Term and at least once following the Term to confirm any termination of these Terms.
Contact Information for figmaWORLD. The services hereunder are offered by figmaWORLD, located at 7601 FM 1960 RD E, PMB #245, Humble, TX, USA, 77346. You may contact us by sending correspondence to the foregoing address or by emailing us at support@figmaworld.com.

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