EULA (END USER LICENSE AGREEMENT)
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE “I AGREE” BUTTON AT THE BOTTOM OF THIS PAGE OR BY INSTALLING AND USING THE SOFTWARE, YOU AGREE TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE AS IF IT HAD BEEN SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT UNINSTALL AND DO NOT USE THIS SOFTWARE.
1. LICENSE. Subject to the terms and conditions of this End User License Agreement (this "Agreement") and subject to the payment of the applicable license fees (the “Subscription Fee”), Figuromo Studio LLC, an Oregon LLC (“Figuromo”), grants to you a limited, non-exclusive and non-transferable license, for your personal purposes only, for the accompanying software and documentation provided by Figuromo (collectively, the “Software”) during the set subscription period (the “Subscription Period”) for the number of users for which the corresponding fee has been paid (the “Permitted Number”). This Agreement will also govern any upgrades to the Software provided by Figuromo that replace and/or supplement the original Software, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
1.1. Subscription Period. The Subscription Period for the Software will begin on the day you purchase a subscription membership. You agree to pay the Subscription Fee corresponding to the Subscription Period you selected. Your subscription to the software will automatically renew for a new Subscription Period upon the last day of the subscription period. Figuromo reserves the right to change the Subscription Fee for any renewal Subscription Periods. Each new Subscription Period will be subject to the same terms and conditions set forth in this Agreement, which may be updated by Figuromo from time to time.
1.2. End of Subscription Period. You agree that Figuromo may disable the Software, either by operation of the software or by a remote command from Figuromo, at the end of the Subscription Period if you have not paid the Subscription Fee to renew your subscription to the Software. At this point all services and access to premium content will be removed from your account.
2. RESTRICTIONS. The Software and any copies that you are authorized by Figuromo to make are the intellectual property of and are owned by Figuromo. You agree and acknowledge that the structure, organization and code of the Software are the valuable trade secrets and confidential information of Figuromo. The Software, models, and all web and app content is protected by copyright, including, without limitation, by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used.You agree not to copy, modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. If it is necessary to decompile in order to achieve operability of the Software with another software program, you must request that Figuromo provide the information necessary to achieve such operability. Figuromo has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Figuromo or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software that is similar to the Software.
The Software, ColorMinis website(s) and app(s) contain materials and other items relating to Figuromo Studio and its products and services (the “Content”). The Content may be in the form of information, data, text, images, graphics, registered and unregistered trademarks, illustrations, videos, software, audio clips, 3D models, or other forms.
All Content is copyrighted, and is either owned or used with permission by Figuromo Studio. This includes but is not limited to all figures, music, colors, and designs, both in aggregate and as separate pieces. Except as set forth in this Use of Service, you may not reproduce, distribute, transmit, modify, adapt, translate, distribute, sell, license, publish, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content.
You may download copies of the materials (image capture/screenshots) of The Software, Figuromo and ColorMinis web sites and apps for personal, non-commercial use only. These personal, non-commercial purposes include networked and public viewing such as on social media. This is the grant of a license, not a transfer of title, and under this license you may not:
use the materials for any commercial purpose;
attempt to decompile or reverse engineer any software contained on Figuromo Studio's web site or app(s);
remove any copyright or other proprietary notations from the materials
This license shall automatically terminate if you violate any of these restrictions. This license may be terminated by Figuromo Studios at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The colors and paints displayed in the app are to be used as reference, and we do not guarantee color accuracy in 3D prints or paints displayed in the website(s) or app(s).
The license granted to the Software is personal to you and may not be shared, sub-licensed or used on behalf of third parties. The Software is for personal use only and no imagery or video captured from the app or web site can be used for commercial use. Trade names and or trademarks (hereinafter, “Trademarks") shall be used in accordance with accepted trademark practice, including identification of the trademark owners' names. Editing of Trademarked content does not give you any rights of ownership in that Trademark. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software, Models, imagery, and video produced using The Software.
3. DISCLAIMER. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. TO THE EXTENT PERMISSIBLE BY LOCAL LAW, FIGUROMO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE AND SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE SOFTWARE OR SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FIGUROMO WHATSOEVER. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT.
4. LIMITATION OF LIABILITY. IN NO EVENT WILL FIGUROMO BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR LABOR COSTS, OR LOST SAVINGS) EVEN IF A FIGUROMO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. FIGUROMO'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
5. EXPORT RULES. All Software and technical data delivered under this Agreement are subject to United States export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such law and regulations.
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from Figuromo if you fail to comply with any provision of this Agreement. Upon termination, you must cease use of the Software and destroy all copies of the Software. In the event of termination for cause by Figuromo, you will not be entitled to the return of any portion of the Subscription Fee.
7. GOVERNING LAW. This Agreement and the obligations of the parties hereunder will be interpreted, construed and enforced in accordance with the laws of the United States of America, the State of Oregon, without regard to its choice of law rules. Any legal action to enforce or interpret any provision of this Agreement shall be brought in the state or federal courts located in Oregon, USA. By execution and delivery of this Agreement, the parties accept and consent to, the jurisdiction of and venues in the federal and state courts located in Oregon, and hereby waive any and all objections to such jurisdiction and venue.
8. SEVERABILITY. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
9. INTEGRATION. This Agreement, together with all Exhibits and Schedules, constitutes the entire agreement among the Parties pertaining to its subject matter. This Agreement supersedes any prior oral or written promise or representation, oral or written agreement, or understanding among the Parties with respect to the subject matter of this Agreement, but shall not amend, modify, supersede or in any way affect any other agreement or understanding among the Parties or their Affiliates that do not relate to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
We support third-party ads in our apps. We make sure all ads presented to the user of our kids apps comply with COPPA rules and regulations, and we do cross promote our other products and in-app purchases. We do not collect anything that is personally identifiable in our apps for children.
To help us provide you with the best service, we work with third party analytics providers Unity and Google Firebase. These companies help us to understand your use of the apps. In association with them, we may collect your unique device identifier, IP address, mobile phone carrier, game progress, time spent playing, and achievements. This information is for internal use only and can’t be shared. It’s just for us to help us improve our services for you.
We also collect performance data (e.g. crash rates, load times, bugs etc) in order to improve performance of the app.
If you have any questions about our collection and use please contact us at email@example.com
Figuromo fully complies with COPPA rules and regulations for services and products designed for young children. Figuromo adheres to the strict information collection, use and disclosure requirements set forth by the regulations.
Kind of Information is Collected
There are two types of data that may be collected. The first one is called personal data. This is personally identifiable information that identifies a user as an individual. Figuromo may collect personal data that parents voluntarily provide on the “contact us” web portal. The second type is non personal data which doesn’t directly identify an individual or which may have been personal information but has had the personally identifiable information removed. Figuromo may collect non personal information about the use of the website and apps to help us improve our services.
More About Personal Data
We collect personal data when a parent makes a purchase through our online store, subscribes to a newsletter or alert, submits content to a forum or blog, or requests technical support. This data may include a name (screen or nickname), gender, birth date, email address, mailing or shipping address, telephone number, and payment information. This information may be used to provide services and the sites to you, to process and fulfill your orders, to contact parents about their orders and new services and features and to send push notifications if consent to receive them has been given. If you contact us for help we will only use your email address to reply to your question. Please note that if a parent posts personal information about themselves in a community forum or blog in the parent section, in addition to being collected, this data is made public for others to see. The parent is responsible for the disclosure of any such data in those forums.
More about Non Personal Data
What We Might Disclose
We collect minimal personal data, and some non-personal data for internal use only or in conjunction with third parties to help us operate, analyze, and improve our sites and services. In addition, we may disclose your personal or non-personal information to additional parties if we believe we are required to by law, by a judicial proceeding, to protect Figuromo’s rights and properties, or to investigate fraud, intellectual property infringement, and any other conduct that might be illegal or expose Figuromo or a user of its services to legal liability. In addition, Figuromo may disclose information collected from a parent in the event of a change or proposed change in the ownership of the company; for example, a sale, a merger, or bankruptcy.
Parents may disclose information about themselves by posting in the public forums on the site. Figuromo is not responsible for what parents say and post in these sections.
You can also configure your browser to accept or reject cookies. All browsers are different so go to the help section of your browser to find out how to do this.
We may include links to third parties from our website or services. Figuromo isn’t responsible for these companies and including a link to them doesn’t mean that Figuromo endorses them. Your use of Figuriomo’s sites and services may also be subject to the terms and conditions and privacy policies of other services that Figuromo doesn’t control such as mobile application stores, mobile software platforms, online social media sites, or payment processors.
Figuromo uses generally accepted security measures and safeguards in an attempt to keep the data it collects secure and requires that the third parties it works with agree to do the same. The measures and safeguards include limiting access to the data to those persons who need it to complete their work for Figuromo, using a fire-wall protected environment, and storing personal information in secure operating environments. That said, Figuromo cannot and does not guarantee and does not accept liability for unintentional disclosure.
User data is retained as long as it is necessary to provide the service. Data is deleted from our records when it is no longer needed within a reasonable timeframe.
How to Update or Remove Your Information
Figuromo keeps your content for as long as necessary in providing its services. If you want to opt out of services, please uninstall our software and discontinue use of our web portal and services.
COLORMINIS SHOP PRIVACY
You must be 13 years of age or older to use this site because of US online privacy laws concerning minors (COPPA).
Information We Collect When purchasing a Figure
In order to purchase a ColorMinis miniature, you will need to create an account with our App and website. In order to register for a ColorMinis account and then make a purchase, you must provide the following personal information:
your email address
a password that will be associated with your ColorMinis Account
your mailing address
credit card and billing information which will be used to complete purchases from our app and website
How We Use and Share Your Personal Information
We may use the personal information we collect:
to register and service your ColorMinis account;
for our internal records, tracking and business purposes;
to fulfill your purchases of ColorMinis offerings;
in order to contact you about your order or account, or to respond to your requests for customer support;
to provide you with information regarding changes to the ColorMinis app and website; and
to inform you of any product or promotional offers we may have.
We may share your personal information in the following ways:
to third-party companies to perform services on our behalf, including marketing assistance, email delivery, hosting services, customer service, and data analysis. We require all such third-party service providers to not use your personal information for any purpose other than to provide services to us.
to comply with any applicable, law, regulation, legal process or government request, to enforce our rights or to protect the safety and security of our website and users.
In the event ColorMinis undergoes a business transaction, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we may transfer your personal information to the successor organization in such transaction.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
Children Under 13
The ColorMinis Shop access is gated in ColorMinis Kids to make sure young children do not access the shop features as it is not intended for children under the age of 13 and as such we do not knowingly collect any personal information from such children. In the event that we learn that we have inadvertently gathered personal information from children under the age of 13, we will use reasonable efforts to erase such information from our records.