Please read these Terms and Conditions (The "Terms") carefully before using the Figurit Website and Web App (The "Service") operated by (Figurit SAL) (The "Company"), a company duly registered in the Commercial Register of Baabda under number 2045198 and established at the following address 71, Pierre Gemayel Street, Kallas bldg, Bouchrieh, Beirut - Lebanon.
1- Use of the Service
Aiming to keep the Service as safe as possible, you represent that you will not be using the Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Therefore, you will not post any illegal, defamatory, libelous, threatening, obscene or otherwise objectionable material, any content that is hate speech, pornographic, any content that infringes intellectual property rights including without limitation copyright, moral right, database right, trademark right, any content that violates the rights of others or that invades privacy of others after the use of automated means to collect users’ content or data or post any unauthorized commercial communications (such as spam) on the Service. You commit not to act in an illegal manner on the Service such as uploading computer viruses, malicious codes, impairing the proper working of the Service such as denial of service attack, bullying, intimidating and harassing a user in order to obtain login information pertaining to him.
2- Account Management and Security
3- Intellectual property
The Company and its licensors or its content providers exclusively own and control all the copyright and other intellectual property rights available through the Service ( including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software). Therefore, any copying, distributing, posting, linking or otherwise modifying of the Company’s Service by you without the express written authorization of the Company will be considered a copyright, trademark or other intellectual property right infringement and may be subject to civil and/or criminal legal proceedings.
You are granted by the Company a limited license in order to access and use the Service. Therefore, you may view, download, print and save pages containing copyrighted material from our Service for your personal use only, after acknowledging that you do not acquire any ownership rights resulting from these actions. However, the Company and its licensors or its content providers retain full and complete title to the content available on the Service, including all associated intellectual property rights and provide this content to you under a license that is revocable at any time according to the Company’s sole discretion.
Concerning content covered by intellectual property rights that you post, upload, submit or make available on the Service, including without limitation texts, graphics, images, audio material, video material, audio-visual material and software, you expressly grant to the company a worldwide, irrevocable, non-exclusive, sub-licensable, royalty-free license to use, reproduce, modify, store, adapt, publish, translate and distribute your content in other works in any form, media or technology currently known or that may exist in the future.
4- Electronic Communications
You agree and acknowledge that when you use the Service or send emails to the Company, you are communicating with the Company electronically. Therefore, you consent to receive electronically any communications related to your use of the Service. The Company will communicate with you by email or by posting notices on this Service. You agree and acknowledge that all agreements, notices and other communications that are provided to you electronically are deemed to satisfy all legal requirements applicable to the contractual process. Therefore, they cannot be deprived of legal effectiveness and validity on account of their having been made by electronic means.
5- Information to be provided
The Company represents that the following information will be given to you clearly, comprehensibly and unambiguously prior to the placing of any order: the different technical steps to follow to conclude a contract, whether or not the concluded contract will be filed by the Company and whether it will be accessible, the technical means for identifying and correcting input errors prior to the placing of an order and the languages offered for the conclusion of the contract.
6- Pricing information
The Company attempts to provide accurate pricing information regarding the offered Service available on the Service of the Company. However, the Company does not represent or warrant that the prices are error free. The Company reserves the right, at its sole discretion, not to process or to cancel any order forms placed for a service whose price was incorrectly posted on the Service as a result of an error. In this event, the Company will be notifying you by email. In addition, the Company reserves the right, at its sole discretion, to correct any error in the stated and affixed full retail price.
The "Services" encompass Software as a service that shall be provided on the Service by the Company in order for you to have access and/or use them after paying a monthly subscription as specified below. Those Services are deemed to be in conformity with the laws and regulations applicable in Lebanon. The Company attempts to provide accurate and exact descriptions of the Services but it does not warrant the accuracy and the reliability of the descriptions.
8- Placing of an order form
You can place your order form by technological means when you wish to use any of the Services available on the Service of the Company. The online contract between you and the Company is deemed to be formed when the issuance of the order form is received by the Company. The Company reserves the right to choose not to process or to cancel your order form in certain circumstances, at its sole discretion. In this event, the Company will either not charge you or refund the charges for unprocessed or cancelled order forms. The Company may also, in its sole discretion take steps to verify your identity to process your order form.
You agree to pay at the time indicated in each order form all payments due from you by credit card or by any other means accepted by the Company.
10- Provision of Software as a Service
The Company grants to you a limited, non exclusive, non assignable, terminable, non transferable license to access and/or use the Services through the Service or by any other means on which the Company and you may agree, solely for your internal business operations and subject to these Terms. You agree to provide, install and maintain, at your expense the necessary electric service, wiring, computer equipment and communication line access for access and/or to the Services. You acknowledge that the Company has no delivery obligation and will not ship copies of the Services to you as part of the Services. You agree that you do not acquire under these Terms any license to use the Services specified in the order form in excess of the scope and/or duration of the Services. Upon the end of the Services, your right to access and/or use the Services specified in the order form shall terminate.
All rights not expressly granted to you pursuant to these Terms are reserved to the Company, and are deemed to be prohibited all not permitted uses of the Services, in conformity with these Terms.
The Services, any material or information provided pursuant to the Services, and any associated applications, tools or data, and all additions, modifications and improvements made or specified by the Company, are the property of the Company and are protected by the copyright, trademark and patent laws. You acknowledge that by using the Services, you do not gain any ownership.
12- Online Data Protection
The Company may change these Terms from time to time. The Company will give you written notice of any revision of these Terms and the revised Terms will apply to the use of the Service starting from the date of notifying you. Therefore, you will have the opportunity to review the revised Terms before continuing to use the Service. If you do not agree to the revised Terms, you must stop using the Service. So, if you continue using the Service after being notified, this means that you have read and accepted the revised terms.
The company is providing the Service as is and makes no representations, covenants or express or implied warranties including but not limited to the merchantability, suitability, fitness for a particular use or purpose and non-infringement of the Service membership and to any content, actions, accuracy of information and data of third parties on the Service.
The Company tries to keep the Service up, bug-free, knowing that you use it at your sole risk.
The Company disclaims any warranties that access to the Service will always be safe, secure, virus-free or error-free or that the Service will be functioning without failure of performance, omission, interruption, deletion, delay in operation, destruction or unauthorized access to, alteration of, or use of record.
Downloading any content from the Service will be at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data resulting from the downloading. In no event shall the Company, or any person or entity involved in providing the Service be liable for any damages, including but not limited to direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Service.
The Company is not responsible for any content that users, subscribers or any unauthorized user may post on the Company’s Service. The Company reserves its right to change, alter, delete and prohibit any illegal content, in its sole discretion after notifying you to withdraw it within a reasonable delay.
15- Limitation of liability
The providers whose products are available on the Company are independent contractors and not agents or employees of the Company. Therefore, the Company is not responsible for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting from them.
You acknowledge and agree that you assume full responsibility for your use of the Service and/or for the account, communications with third parties, and purchase and use of the products and services available through the Company’s Service. You acknowledge and agree that any information you send or receive during your activity on the Service and/or use of the Service may not be secure and may be intercepted by unauthorized parties.
You acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither the Company nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the Service, or any other Site or resource you access through a link from this Service; any action we take or fail to take as a result of communications you send to the Company; your account, any termination or cancelation of your account; any products or services made available or purchased through the Company’s Service, including any damages or injury arising from any use of such products; any delay or inability to use the Service or any information, products or services advertised in or obtained through the Service; or the modification, removal or deletion of any content submitted or posted on the Service.
You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Service and/or your breach of any representation, warranty, or other provision of the Terms.
The Company reserves the right to terminate these Terms or stop providing the Service after notifying you within a reasonable delay, in the event of a breach of these Terms in any way or if the Company reasonably suspects that you have breached these Terms in any way.
In the event a provision of these Terms is determined by any court or other competent authority to be unlawful and/ or unenforceable, that part will be deemed to be deleted, and the rest of the provisions will continue in effect.
The omission of the Company to act concerning a breach of these Terms committed by you or other users does not waive the right of the Company to act concerning subsequent similar breaches.
If any content on this Service, or your use of the Service, is contrary to the laws of the place where you are when you access it, the Service is not addressed to you, and the Company asks you not to use the Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
20- Disputes (Law and jurisdiction):
The resolution of any claim or dispute arising out of or relating to these Terms or the Company shall be subject to the exclusive jurisdiction of Lebanese courts. The laws of the republic of Lebanon will govern these Terms as well as any claim or dispute that might arise between you and the Company, without regard to conflict of law provisions.
21- Third party content
The content available through the Service illustrates the opinions of information providers, end users or other user not bound by contract with the Company. The Company is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized employees of the Company while acting in official qualities. The Service contains links to third party Websites, provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party sites. The Company disclaims any representation or warranty regarding this content and your access to those websites is under your sole risk.