This page contains the Figuromo
EULA and Privacy Policy
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.
FIGUROMO PRIVACY POLICY
Hi, this is our Privacy Policy. It was last updated on
August 28th, 2020. Effective Date: Jan 1st, 2015
At Figuromo Studio llc (Figuromo), our websites
(www.Figuromo.com and www.colorminis.com) is just for
parents, while our app Colorminis Kids are designed
for the whole family, including young children. We take privacy seriously at Figuromo and this policy is designed to share what
information we collect and how we use it.
We
last updated the contents of this policy on March 1st 2020.
Figuromo Studio llc may
change or update the Privacy Policy at any time as we add new or different
features, or as the law changes. Unless another date is given, the changes are
effective upon posting.
This Privacy Policy is also part of the Terms of Service
that explain your rights and responsibilities and Figuromo’s
when using Figuromo services and sites. If you don’t
agree with this Privacy Policy or the Terms of Service, you should not use the
sites and services. If you have any questions please
contact us at policy@colorminis.com
Children’s Privacy
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 policy@colorminis.com
COPPA Compliant
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.
GENERAL PRIVACY
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
We may use cookies and web beacons to help deliver and
analyze our services (e.g., by counting the number of times a page or advert
has been viewed).
Figuromo may also use third
parties from time to time to deliver a service to parents only, such as payment
processing, sending emails, infrastructure and IT services, or helping with
customer or technical support. We only work with companies that follow this privacy
policy and agree not to use your information for any other purposes.
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.
Tracking
We use Google Analytics Advertising Features to better
understand the use of our website for parents. These features include
Remarketing, Impression reporting, integration with DoubleClick and Demographic
& Interest reporting. They use cookies and anonymous identifiers to collect
information and help target advertising. We do not combine this information
with any personally identifiable information you may have submitted when
signing up to a newsletter for example. Our systems do not recognize browser
“Do Not Track” signals; but, you can opt out of Google
Analytics by visiting: https://tools.google.com/dlpage/gaoptout.
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.
Links
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.
Security
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.
Data Retention
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 name
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
Cookies
We use cookies (or other similar technology), which are pieces of data on your
computer tied to information about you which recognize you as a return user of
the app and Website and help to provide a more personalized experience. Because
we do not track personal information, we do not respond to do not track signals
when a Do Not Track (DNT) browser mechanism is in place.
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.
Google Analytics
Google Analytics is a web analysis service provided by
Google. It utilizes the cookie and usage data of visitors to this website to
track and examine the use of this URL and to prepare reports on the activities
and performance of this URL and share them with other Google services. Google
may use the data collected to contextualize and personalize the ads of its own
advertising network. Read Google's privacy policy for more information.
We, along with third-party vendors such as Google, use cookies or other identifiers
to compile data regarding user interactions with ad impressions, and other ad
service functions as they relate to our website.
Opting out:
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.