ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE SITE AT www.FuturMakr.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE USER AGREEMENT ("Agreement").
- 1. Contracting parties. The Site and all content, data and other materials contained on theSite (“Content”) are owned or controlled by FuturMakr Community Interest Company, a company registered in England with offices at 8th Floor 167, Fleet Street, London, EC4A 2EA. FutureMark Community Interest Company is referred to in these terms and conditions as "we", "us", "our" or“FuturMakr”. When you register with (or otherwise access) the Site, you are contracting with FutureMark. You must be at least 14 years old to use the register (and, if you are under 18, youshould obtain the permission of your parent/guardian to register with the Service).
- 2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as anotherUser. If you think someone else has obtained your account details, please let us know immediately via email@example.com and we will close your account as quickly as possible.Please note that you will be responsible to FuturMakr and to others for all activity that occurs under your registration account.
- 3. The FuturMakr Website. FuturMakr is an online service which guides students through a bespoke and in-depth user-journey to develop habits, skills, knowledge, connections and work opportunities needed to succeed in their chosen field (“Service”)
- 4. Content. The Content is intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. FuturMakr, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You May not publish, distribute, extract, re-utilize, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
- 5. User Content Licence. When you upload content (“User Content”) to the Site, you hereby grant to FuturMakr a worldwide, non-exclusive license to use that User Content to provide the Service and for reasonable promotional purposes (including without limitation by exhibition on the Site, and/or on other websites and online services). You further agree to waive your moral rights for the purposes of this license. Where necessary, we reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your real name may be published alongside your User Content. If you do not want to grant these rights, please do not submit material to the Site. You warrant and represent that you that you have (and will continue to have during your use of the Service) all necessary licences, rights,consents, and permissions which are required to enable FuturMakr to use your User Content for the purposes of the Site and that you personally created all content (and all materials contained within content) that you upload to the the Site, and that you own or control all rights in your content.
- 6. Take Downs.We retain the right to remove any User Content of any kind that, in our judgement, does not comply with this Agreement and any other rules of conduct for the Service,or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. FuturMakr shall not be responsible for issuing“Take Down Notices” to any third party site (including YouTube and/or Facebook) and FuturMakr shall have no liability for the posting of any Content to a different platform by a FuturMakr user.For the avoidance of doubt, you acknowledge and agree that any User Content you upload to FuturMakr may be exhibited on other services including YouTube, Facebook, Instagram and/orTwitter, and that users of those other sites/apps may share your content elsewhere in accordance with the relevant third party service terms or otherwise. You further acknowledge that FuturMakr may not have the right to ensure any takedown of your User Content from third party sites.
7. Code of Conduct for User Content. You agree to obey all applicable laws in using theSite, and agree that you are responsible for the Content and/or communications you upload to orinitiate via the Site. You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site):
- not to post content or participate in any form of activity which is unlawful, harassing,libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
not to post content which you do not have the right to use;
- not to abuse other Users or anyone else;
- not to use the Site to engage in any commercial activities not approved in writing by FutureMark;
- not to publish your own (non- FuturMakr) contact details or those of anyone else;
- not to register more than one account for yourself or anyone else;
- not to post content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;not to post content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
- not to post anything that constitutes or contains “affiliate marketing,” “link referral code,”“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation or that includes links to commercial services or web sites or that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law or that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use theService or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
- not to post content intended to be used for a commercial purpose of any kind, other than for promotional purposes relating directly to content in which you own all relevant rights;
- not to contact anyone who has asked not to be contacted;
- not to “stalk” or otherwise harass any other User;
- not to collect personal data about other users for commercial or unlawful purposes;
- not to use automated means, including spiders, robots, crawlers, data mining tools, or thelike to download data from the Service – unless expressly permitted by FuturMakr;
- not to post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- not to attempt to gain unauthorized access to FuturMakr’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or FuturMakr website; or<
- not to use any form of automated device or computer program that enables the submission of postings on FuturMakr without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system”.
- You acknowledge and accept that when you upload material to FuturMakr, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive,indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
- 8. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org . Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
- 9. Termination of this Agreement. We may at any time terminate this legal Agreement, in our sole discretion without prior notice to you, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, orif we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities investigating suspected criminal violations. You may request a withdrawal of any item(s) of your content uploaded to the Site at any time by email to email@example.com . We shall use reasonable endeavours to respond such requests, and or takedown the relevant content, within thirty (30) days. For the avoidance of doubt, we reserve the right to take down any item of content at any time for any reason.
- 10. Liability. You agree that the liability of FuturMakr to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater,GBP£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of FuturMakr.
- 11. Warranties. To the extent permitted under applicable law in your territory, all FuturMakr products and services are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, FuturMakr, as well as any provider, makes no warranty that (a) the Service Will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c)the results obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the Site, from us, or from any third parties' websites to which the Site is linked, will meet your expectations or be free from mistakes,errors or defects. the use of the Service, the uploading of User Content, or the downloading or other acquisition of any materials or content through the Service or through third parties' or provider's websites, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities.
- 12. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by FuturMakr, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or theContent. You further undertake to indemnify us for all loss or damage incurred by FuturMakr in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.
- 13. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Contentor other posted materials, please contact us via firstname.lastname@example.org . If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise objectionable, please notify us via email@example.com (making sure to include both theUniform Resource Locator ("URL") for the non-complying content and the reasons you believe it does not comply).
- 14. Trade Marks. The brands, products and service names used in the Site and the Content(including without limitation, "FuturMakr” and “ShareTheWrd”) are trademarks or trade names of FuturMakr or its trading partners unless otherwise stated.
- 15. Hacking. You agree and undertake not to attempt to damage, deny service to, hack,crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or theContent in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes With the Site, the Content or otherwise attempts to defraud FuturMakr or any other parties through your use of the Site, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion.You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of thisAgreement, and we expressly reserve all rights and remedies available to us at law or in equity.
- 16. No Partnership. Your use of the Site and/or the Content creates no partnership, client,fiduciary or other professional relationship.
- 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
- 18. Force Majeure.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
- 19. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
- 20. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
- 21. Variation. This Agreement May be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Usersand you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
- 22. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
- 23. Contacting Us. If you have any questions, please contact us at the following address:FuturMakr Community Interest Company, a company registered in England with offices at 8thFloor 167, Fleet Street, London, EC4A 2EA, UK, or email us via firstname.lastname@example.org.