Website Terms of Use

Welcome to figure53.com (the "Website"), owned and operated by Figure 53, LLC ("We" or "Us" or equivalent pronouns). This site contains content provided by Us and by our customers such as vendors (a “Customer”). Our Website is provided to you ("You") subject to the following Terms of Use:

Notice.

Your use of this Website constitutes acceptance of these Terms of Use and Our Privacy Policy. We may change these Terms of Use and/or Our Privacy Policy at any time by posting revisions to Our Website. Your continued usage after such changes are posted constitutes acceptance of each revised Terms of Use and/or Privacy Policy. We encourage You to familiarize yourself with both policies. Our Website Privacy Policy may found posted on the Website. If You do not agree to the terms and conditions of these Terms of Use, Our Privacy Policy or any revised policy, please exit this Website immediately.

Introduction.

Please read the following information carefully before using this Website. By accessing this Website, You acknowledge, represent and warrant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the Website and provide information to Us with the bona fide intent to use or to evaluate the Website, and not with an ulterior motive, such as to download portions of the Website to compete with Us or provide information to one of Our competitors; and (iii) in using the Website, You will comply with all applicable international, country, federal and state laws, rules and regulations.

Copyrights and Limited License.

All words, pictures, content, graphs, charts and other matters presented or made available on the Website sourced from Us are Copyright 2010-2018 Figure 53, LLC (the "Information"). Content provided by Our Customers is copyrighted as provided in their content. We grant You a limited, royalty free, non-exclusive, revocable license to make use of the Information for Your own personal or internal business purposes only. All other rights are expressly reserved. Our Customers who use the Website to display content may have other terms and conditions with respect to use of their content, which may be linked inside of their content or otherwise provided to you.

No License to Trademarks.

All trademarks, service marks, tradenames or other identifying marks displayed on the Website (the "Marks") are owned by Us and/or Our licensors, or by our Customers. Except as applicable law may otherwise provide, or except as provided in writing by our Customers (with respect to their Marks) or agreed to in writing by Us, neither We nor our Customers consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.

Access By Minors.

We cannot prohibit minors from visiting this site. We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online. Please note that We do not endorse any of the products or services listed at such websites.

Misuse of the Website.

You violate these Terms of Use when You make any use of the Website that is not in conformity to the Acceptable Use Policy set out below, which is incorporated by reference.

Available Remedies.

We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the Website; or review, edit, censor or warrant the quality or accuracy of Information that You may acquire from the Website. You agree not to sue or make any claim of any kind against Us regarding Information posted or available on the Website. When We become aware of harmful activities or if we receive any claim from a third party, in our sole and unfettered discretion We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Website or any other action We deem appropriate. We are required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. All remedies are non-exclusive. We are not responsible for (and You agree not to sue us in respect of) Information posted by our Customers.

To the extent Information on the Website includes advertising, promotions or other sales related data, We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You.

Disclaimers as to Information.

WE AND OUR CUSTOMERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION FOR ANY PURPOSE. THE WEBSITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND/OR THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT THE INFORMATION.

No Framing.

We do not consent to "framing" our content or Information inside of any other page.

Electronic communications.

You agree to transact business with Us using electronic communications, either via web forms on the Website, or via email. Electronic communications will be deemed received by You when your email system reports that any email we send you, has been received by your system, regardless of whether you ever actually open or read such email. We may, but are not required, to use return receipt requests. Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic email. It is Your responsibility to maintain a valid email address, and We may terminate your access to the Website at any time that We determine You are in violation of these terms of use, or fail to maintain a valid email address.

Indemnity.

If You post or provide any Information, images or content onto the Website, or if You violate any provision of these Terms of Use, the Acceptable Use Policy or the Privacy Policy, You are liable to Us for Your actions, and in the event We are threatened with lawsuit or are sued by any person on account of Your activities, You agree to indemnify, defend and hold harmless Us and Our employees, directors, affiliates, subsidiaries, users and customers, from and against all claims, demands, damages and losses claimed by such person, and You agree to and shall pay all related costs and expenses, including reasonable legal fees, that We incur.

Governing Law; Choice of Forum.

These Terms of Use and Your use of the Website shall be governed and construed in accordance with the laws of the State of Maryland, exclusive of its conflicts of laws principles. You consent and submit to the jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with these Terms of Use, by the state or federal courts of the State of Maryland.

Questions or comments regarding these Terms of Use should be directed to us care of support@figure53.com.

Figure 53, LLC Unified Privacy Policy

Last updated: November 13, 2018

This Privacy Policy relates to all software products and services (the “Service(s)”) of Figure53, LLC (the “Company” or “we”, “us”, or similar pronouns).

GENERAL NON-DISCLOSURE POLICY: WE DO NOT DISCLOSE OR SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO ANY THIRD PARTY (EXCEPT SOLELY TO PROVIDE THE SERVICES TO YOU), WITHOUT YOUR OPT IN FOR SUCH DISCLOSURE. Please see the section entitled “HOW DO WE DISCLOSE AND USE YOUR INFORMATION?” below for complete details.

GENERAL NON-USE POLICY: WE DO NOT USE YOUR PERSONALLY IDENTIFIABLE INFORMATION EXCEPT SOLELY TO PROVIDE THE SERVICES TO YOU WITHOUT YOUR OPT IN FOR SUCH OTHER USES. Please see the section entitled “HOW DO WE DISCLOSE AND USE YOUR INFORMATION?” below for complete details.

This privacy policy explains the Company’s data collection, use and disclosure practices, including the collection, use and disclosure of information that can be used on its own or with other information to identify, contact, or locate an individual person (“Personally Identifiable Information”). Personally Identifiable Information does not include, however, any information that you post or make available publicly, unless a specific applicable law protects such information.

Unless otherwise stated below, this Privacy Policy applies to all websites and applications we may provide, including applications that run natively on a computer or a mobile device. If an application also has its own Privacy Policy, to the extent that there are any conflicts, that application specific Privacy Policy will supersede any provisions of this Privacy Policy.

General: Privacy Policy Effectiveness; Changes to Policy

This Privacy Policy is a part of the Terms of Service ("TOS") set forth above, which are incorporated herein by reference. Capitalized terms herein not otherwise defined shall have the meaning set forth in the TOS. This Privacy Policy is updated as of the date set forth above. We reserve the right to update this Privacy Policy. If we update this Privacy Policy, we will use reasonable electronic efforts to advise You of the change, which may include posting a notice of the change on the website or application, in or near a login area, or we may send You an electronic notification of the change. If we electronically notify You by an electronic communication, we will provide these electronic messages to your last known or provided electronic communication address (which may be for example, a text message address, email address, Twitter user name, Facebook address or other electronic address). You are responsible to review communications we send to those addresses, to authorize communications from us and to keep those addresses up to date. Use of the website or application after our notice of a change in the Privacy Policy is acceptance of the terms and changes in the updated Privacy Policy, which shall, unless expressly prohibited by applicable law (or unless expressly stated in such changed Privacy Policy), be effective from the inception of your use of the website or application.

What data do we collect?

Automated data collection

Our website and applications use standard web and software technologies to collect certain non-identifying information about your computer or device – which may include such information as your browser and computer/device type, your internet protocol address, the type of device you are using, and other information that your device sends to our website or application automatically. Our website and applications may also automatically set “cookies” — small files that contain information that allow the website or application to track certain information such as where you were referred from, which pages you have clicked on, and other analytical information about your use of the website or application. Collectively this information is referred to as “Automated Data.” We do not link or associate Automated Data we collect with your Personally Identifiable Information. We may use and disclose Automated Data in any manner we choose without restriction. You have some ability, by using browser plugins, ad blockers, or other third party tools, to block or prevent some collection of Automated Data, however, our website or applications may not function correctly if you do so. We make no guarantees of any kind that our website or applications will function correctly in any particular environment or with any plugins or other tools.

Manual data collection

When using our Services such as by ordering or registering, you may be asked to enter Personally Identifiable Information such as your email addresses, phone numbers, mobile device number, text message and/or social media contact information, physical mailing address, and other similar billing and communication information (“Contact Information”).

Third party data collection

We may also obtain information from third parties and we may combine that with Automated Data and/or Contact Information. For example, we may have access to certain information from a third-party social media service if you create or log into your online account through that service or otherwise provide us with access to information from that service. We will only access third party information in this manner consistent with the application program interface (API) provided by the third party and consistent with the settings you have used in allowing such use.

How do we disclose and use your information?

We may process, use and disclose the information we collect from or about you in the following ways:

  • To process orders you make for our products or Services;
  • To work with our service providers such as web hosting companies, internet service providers, data centers, programmers and other service providers we use to be able to make the website and applications available to you;
  • To communicate with you about our products or Services or the products and services of third parties (however, please see below as to your rights to limit some of these communications);
  • With your opt-in, to provide your Contact Information to third parties who may have products or services that we recommend or state are compatible with our products or Services. You have the right to limit or terminate this use of your Contact Information;
  • To defend or bring any claim from/against you arising from our interactions;
  • To meet a legal requirement (see below under “Compelled Disclosure”);
  • To provide such information to our successor in a sale of our business or other change of control (see below under “Sale of Business”);
  • To remove malware and viruses, and to remove content that violates our Acceptable Use Policy (see below under “Virus removal”);

Compelled Disclosure

We will comply with all applicable laws, rules and regulations, which may require that we disclose your information (including your Personally Identifiable Information) to government authorities, or to parties in court actions under subpoenas or court orders, or otherwise as we are advised we are required to do to comply with a legal obligation. We are a United States based company and subject to the laws of the United States, however, we may use servers and storage of data in locations in other parts of the world.

Sale of Business

We may disclose any of your information, including but not limited to your Contact Information and Personally Identifiable Information, to a corporate successor in interest if we sell our business, or engage in a merger, sale of stock, or our company’s ownership otherwise changes control and you consent to this transfer. We, or our successor, will provide you with notice of such a transaction, and the successor will be bound on the terms of this Privacy Policy.

Virus removal

We may, but are not responsible to, use a virus or malware scanner and scan data you have stored in any of our Services, and if our virus scanner detects malware, we reserve the right to remove it. Please note that a scan may mis-identify data as a virus, and so it is possible that portions of such data may not be available if our scanner takes this action. In addition, if we determine that you are storing, transmitting or otherwise enabling malware sites or software used in illegal hacking or attack efforts, or otherwise storing content that is harmful to computers or data, we reserve the right to suspend and/or terminate your account.

Right to limit some communications

Applicable laws, such as the CAN SPAM law, may give you rights to limit some non-relationship communications. We will comply with such laws. Be aware, however, that you cannot limit certain communications with us, such as communications regarding transactions and orders, notices regarding updates to our TOS or this Privacy Policy, or other communications regarding our business relationship with you.

Other access and use of data

Our mobile applications use the iOS-provided vendor identifier string which uniquely identifies a device only to us among our Apple App Store applications. (iOS no longer provides a globally identifiable UUID, and the App Store does not communicate any personally-identifiable transaction data to our applications.)

The Company’s QLab software licensing system creates a unique Machine ID which is used to associate a license seat activation with a specific computer. The Machine ID is stored in our online license account system and associated with a user account. Data from our Feedback Reporter (described below) submitted from our applications to our internal feedback system include these unique vendor identifier strings or Machine IDs only if the user opts to “Send Details” along with their feedback report.

The Company’s QLab software accesses the camera or microphone when a workspace uses the Camera or Microphone cue types, respectively. Starting in macOS 10.14 Mojave, macOS may require user-permission to access cameras and microphones. You may elect not to use the camera or microphone, however, the functions in QLab that depend on those features being enabled will not work. We do not use data from the camera or microphone for any purpose other than for QLab to function correctly, and no camera or microphone data is sent to us.

Our Feedback Reporter tool stores an email address in the Application Preferences that is used for auto-filling the address field on subsequent uses, however the user must manually input the address into the form the first time.

All of our applications store data on the physical device to permit that data to survive a reboot/restart, such as app preferences. QLab saves workspace data to a document on disk. Go Button saves its show data to an internal database, and any audio files imported into the app are stored inside the app bundle on disk.

A user can choose to share certain items, for example, to export a Go Button show document to iCloud Drive or Dropbox. We do not have access to a user’s personal accounts such as iCloud Drive or Dropbox account, however, the software does if such accounts are enabled on a device. For example, the iOS file sharing mechanism gives Go Button access to data from file providers like Dropbox or Google Drive that the user already has installed on the device, but the connection and permission to access each service is managed by iOS. We do not manage any of the connections to these providers directly or remotely.

The data you may store, how we protect your information, and limits on your data sharing rights

We will use reasonable commercial effort to keep your information secure in our systems, however, you acknowledge that no system is hacker proof and that despite our reasonable efforts, your information could be accessed by unauthorized persons. In this regard, we will use the efforts required by applicable laws, rules, regulations and orders that apply to the specific types of information we have. Notwithstanding the above, you agree that we will not be liable for any unauthorized access to or use of your data or information except solely to the extent we are expressly held to have violated applicable laws, rules, regulations or orders.

WE ARE NOT RESPONSIBLE FOR YOUR LOSS OR MISUSE OF YOUR CREDENTIALS TO THE SERVICES WE PROVIDE, AND WE DO NOT MONITOR OR LOG SUCH ACCESS NOR WILL WE GIVE YOU NOTICE OF ANY COMPROMISE OF YOUR DATA. If we do detect such compromise, or you violate our Acceptable Use Policy, we may immediately suspend Services to you and/or terminate your account.

Third-Party Privacy Policies and Services

Occasionally, at our discretion, we may include or offer third-party products or services on our website or applications. These third-party sites have separate and independent privacy policies. We have not reviewed or verified any data or privacy policies of such linked sites and take no responsibility or liability for the content and activities of these linked sites, or their products or services.

Flurry

We use a third-party analytics tool in our mobile applications called Flurry Analytics. The Flurry privacy policy is located here: https://policies.oath.com/us/en/oath/privacy/index.html, and the terms of service are located here: https://developer.yahoo.com/flurry/legal-privacy/terms-service/flurry-analytics-terms-service.html. You may be able to opt out of some data collection by Flurry Analytics here: https://developer.yahoo.com/flurry/end-user-opt-out/. As of the date of this Privacy Policy, Flurry is a product service of Oath (Americas) Inc.

Flurry automatically collects usage metrics (like number of sessions per hour) and technical details about a user (like device models and operating system versions). We use this data, for example, to plan updates relative to the adoption of a new release of iOS or the popularity of specific device models, etc.

We also use Flurry to log certain app events to help us monitor usage of specific features within the mobile applications. We do not include any personally identifiable data in the event logging.

Feedback Reporter

Our Mac and iOS applications also have an integrated Feedback Reporter that we develop in-house. Users can choose to send us a message directly from our applications using a “Contact Support” option. The user is also automatically prompted by the feedback tool to submit a crash report after the app detects a crash. This tool communicates directly with our servers. There is no third-party involved with these feedback reports. You should never send sensitive personal information via the Feedback Reporter.

A feedback report includes:

  • any message text entered by the user
  • user email address, if provided by the user
  • the app name and version of the app submitting the report
  • crash report (only when reporting a crash)

The user can optionally choose to include additional details with their report by selecting a “Send Details” option in the reporter. These details include:

  • System profile: OS version, machine/device model, memory, CPU, and a machine/device ID. On macOS, the profile also includes the computer serial number.
  • Installed license details, if any
  • App preferences
  • Console logs (optional, only included if the user selects an additional “Include Console Logs” option)
  • On macOS, the user can specify additional documents to be attached to the report which are then uploaded to our servers when the report is submitted.

In the Feedback Report data, all Personally Identifiable Information submitted is optional — license information, email address, and any documents included with the report. Unique IDs on macOS are generated by our licensing system. The unique ID from iOS only identifies the app among the Company’s applications installed on that device.

We may use other data analytics companies in combination with or as a replacement of Flurry Analytics and Feedback Reporter. All such data collected by Google and if applicable such other tools is Automated Data hereunder.

COPPA (Children Online Privacy Protection Act)

Our website and application are for use of adults at least 13 years old. We do not specifically market to children under the age of 13 years old.

Testimonials

We may display personal testimonials of satisfied customers on our website in addition to other endorsements. If you provide us with an email or other communication regarding our Services or products, you automatically hereby consent to our use of all or a part of such email or other communication for marketing our goods and Services, provided that we use only your first name. We will not use your image or likeness without specific authorization from you. If you notify us in writing to cease such use, we will do so within a reasonable time of receipt of such request.

Rights Under Laws

You may have additional rights under applicable state law to access certain information; for example California residents may have rights under California Code Section 1798.83. We will comply with these laws to the extent applicable to us.

Communications Decency Act Notice

We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is not suitable to minors. You can discover some of the providers of such parental control technology by searching for "parental control software" using a major search engine, or by visiting https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

https://figure53.com/company/contact/

support@figure53.com
2443 Maryland Ave.
Baltimore, Maryland 21218
United States

ACCEPTABLE USE POLICY

ACCEPTABLE USE OF SERVICES. You agree as follows in respect of the acceptable and unacceptable uses of the Services. You will not and agree not to:

  1. Use or attempt to use the Services for any illegal, abusive or unethical activities as determined by us in our sole discretion, which include by example and not limitation, bullying or harassing third parties, illegal stalking, transmission of or storage of pornographic material, invasion of privacy, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts, disclosing “insider trading” information, national secrets, or other information prohibited or restricted from disclosure.
  2. Send unsolicited bulk mail messages ("junk mail" or "spam"). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken. Malicious or threatening e-mail is also prohibited. Normally we will assume that you are in compliance with this provision, however, if an upstream provider blacklists our IP range or mail server as a result of activities we trace to you, we will presume that you are in violation of this provision.
  3. Breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.
  4. Impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or us. All messages and packets transmitted via the Service should correctly identify the sender and source; you may not alter the attribution of origin in electronic mail messages or posting.
  5. Undermine the security or integrity of computing systems or networks or gain unauthorized access or control over our computers or any other person's computers.
  6. Permit another person to use your resources or the Services to conduct any of the matters you are prohibited from doing.
  7. Distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Services may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.
  8. Take any action that would cause us to violate any terms of an upstream service provider's acceptable use policy.
  9. Engage in any activity disruptive or abusive towards our other customers or to Services operations, including and not limited to:
    1. Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt Services, destroy data, destroy or damage equipment or disrupt Services operations;
    2. Degrade or impair the operation of Services servers and facilities or the servers and facilities of other network hosts or users;
    3. Post messages or software programs that consume excessive CPU time or storage space;
    4. Use the Services for mining crypto currencies or for any data mining activities;
    5. Subvert, or assist others in subverting, the security or integrity of any of Services, facilities or equipment; and/or
    6. Place false, fraudulent, materially incomplete or misleading information on the Services.

The above list of acceptable and unacceptable uses of the Services is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in our sole discretion to determine whether any particular conduct is an acceptable use of the Services. In cases where we determine you engaged in conduct that you reasonably believed did not violate this policy in good faith, we will endeavor to provide you electronic notice of our determination that such conduct is not an acceptable use, and provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of this Acceptable Use Policy.