The FIGSI webapp, installable webapp, mobile and desktop apps are built on the MainCross Social+ platform and offered by MainCross Systems, under the following terms of service, reproduced here from MainCross Terms of Service for convenience. In case of any conflict, the TOS on the MainCross site takes precedence.
These Terms govern your access to and use of the MainCross published www.figsi.in webapps, installable webapps, mobile and desktop apps, application programming interfaces (“APIs”), as well as all content and MainCross products and services available at or though any websites and apps (collectively, “Services”).
These Terms also govern visitors’ access to and use of any websites that use the Services, such as Network Sites that use the MainCross technologies for their operations, or replicate content that we make available to them under content partnerships, or embed MainCross content (e.g. using an iframe) etc.
The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FIGSI's Privacy Policy and MainCross’s Privacy Policy), and procedures that may be published from time to time by FIGSI and MainCross (collectively, the “Agreement”). You agree that we may automatically upgrade the Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use the Services.
Certain sections of these terms may not apply to your access and use of the Services that are provided under the self-serve subscription agreement (if applicable).
1. Who may use the services#
Throughout these Terms, “you” and "your" applies to both individuals and entities that access or use the Services.
By agreeing to these Terms, you represent and warrant to us:
- That you are at least 13 years of age or older (or 16 years or older in the European Union). The Services are not directed to children. Access to and use of the Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use the Services.
- If you are an individual using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using the Service(s), you are accepting the Agreement on behalf of that entity.
- You have not previously been suspended or removed from the Services.
- Your use of the Websites and Online Services is in compliance with any and all applicable laws and regulations.
2. Your Account#
When using the Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use the Services so you can make informed choices in response.
We may limit your access to the Services until we’re able to verify your account information, like your email address.
You will be solely responsible and liable for any activity that occurs under your username. You are also fully responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account and any Service-related website, app, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the Services. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, app, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Responsibility of Visitors and Users#
We have not reviewed, and cannot review, all of the content (such as, but not limited to, links, text, photo, video, audio, code, computer software, items for sale, and other materials) posted to the Services by users or anyone else (“User Generated Content”) or on websites that link to, or are linked from, the Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from one of the Services does not represent or imply that we endorse any third-party website.
- We do not endorse any User Generated Content or represent that User Generated Content is accurate, useful, or non-harmful. User Generated Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- If you post User Generated Content, or otherwise make (or allow any third party to make) User Generated Content available on the Services, you are entirely responsible for the User Generated Content, and any harm resulting from, that User Generated Content or your conduct.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of User Generated Content. If you access or use any User Generated Content, you are responsible for taking precautions as necessary to protect yourself and your computer & mobile systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that’s for sale through any of the Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any User Generated Content.
- Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
4. General Representation and Warranty#
You represent and warrant that your use of the Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, etc of the country in which you reside);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of FIGSI or MainCross or any third party;
- Will not overburden or interfere with our systems (or third party systems that we use) or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not be used to post low quality, repetitive content (posts or comments)
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve representing, renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
5. License granted to FIGSI and MainCross#
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your original text, audio, photos and videos are considered part of the Content).
By submitting, posting, or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, data, or comments ("Content") on or through the Services, you grant FIGSI and MainCross and the Network Sites a world-wide, royalty-free, and non-exclusive right and license to use, reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your Content in any and all media or distribution methods (now known or later developed).
By submitting, posting, and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
6. Proprietary Rights#
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by MainCross are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Services are the property of MainCross or our third-party licensors.
The Agreement doesn’t transfer any MainCross or third-party intellectual property to you, and all right, title, and interest in and to such property will remain (as between MainCross and you) solely with MainCross. MainCross, the logos, and all other trademarks, service marks, graphics, and logos used in connection with MainCross or the Services, are trademarks or registered trademarks of MainCross. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any MainCross or third party trademarks.
You hereby grant MainCross a non-exclusive, royalty-free, worldwide, transferable, irrevocable, sublicensable, and perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations, corrections, or other feedback (“Feedback”) you provide to MainCross relating to the Services.
7. Termination#
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or vanity URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any of the Agreement, or any MainCross policy or is in any way harmful or objectionable, or violates any applicable laws and regulations (iii) ask you to make adjustments, restrict the resources your Network Site uses, or terminate your access to the Services, if we believe your Network Site's storage or bandwidth usage burdens our systems unreasonably, or (iv) terminate or deny access to and use of any of the Services to any individual or entity for any reason.
If you wish to terminate the Agreement or your MainCross account, you may simply discontinue using the Services, or you may write to us asking for your account to be deleted.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Disclaimer of Warranties#
The Services are made available to on an “as is” and "as available" basis, with the express understanding that FIGSI and MainCross has no obligation to monitor, control, or vet user content or data. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk. If you’re actually reading this, congrats for making it this far. FIGSI and MainCross make no claims or promises about the quality, accuracy, or reliability of the Services, its safety or security, or the Services content. Accordingly, FIGSI and MainCross are not liable to you for any loss or damage that might arise, for example, from the service's inoperability, unavailability or security vulnerabilities.
FIGSI and MainCross and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FIGSI and MainCross, nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted.
9. Limitation of Liability#
In no event will FIGSI or MainCross, or its suppliers, partners or licensors, be liable for any direct, indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not FIGSI or MainCross has been informed of the possibility of such damage.
10. Indemnification#
You agree that you will be responsible for your use of the Services, and you agree to defend, indemnify and hold harmless FIGSI and MainCross, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including legal fees, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Agreement, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party.
11. Changes#
We may update, change, or discontinue any aspect of the Services at any time. Since we’re constantly updating the Services, we sometimes have to change the legal terms under which they’re offered.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at www.figsi.in/tos, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
