Futuur Terms of Use

These Terms of Use (“Terms”) govern your access to, use of and activities on or through the Futuur app or futuur.com website (together with the software, information, content, subjects of forecasts and forecasts underlying the same or displayed thereon, collectively, the "App"), which is owned and operated by Futuur (,"Futuur", and together with along with its managers, officers, directors, employees, contractors, shareholders and other principals, collectively, “Futuur Parties”).

Please read these Terms carefully before accessing or using the App. By accessing or using the App, you accept and agree to be legally bound by these Terms.  

Futuur User Accounts

By applying for a Futuur User Account, you represent, warrant and undertake to us that you:

(a)   are 18 years of age or older;

(b)        do not already have (and will, at no time while you have the User Account for which you are applying, have) a User Account, whether directly or indirectly (including through any company or other legal entity which you directly or indirectly control);

(c)        have not previously had a User Account that has since been cancelled by us;

(d)        are (and will at all times be) acting solely for yourself and not on behalf of any other individual, company or other legal entity;  

(e)         will comply with all laws in the jurisdiction in which you are present;

(f)        will at all times provide us with truthful and accurate information, including without limitation as to personal, billing and account and profile information that you provide; and

(g)         will keep your account password secret and secure at all times, and that you will not (intentionally or otherwise) allow anyone else to use the App through your User Account. You agree that you (and in no event any Futuur Parties) will be solely responsible and liable for any activity occurring through your User Account.

Material and Other Materials

Futuur offer an online platform for participants to propose and make predictions (sometimes, termed on the App as “bets” or “forecasts”) on a number of issues (each, a “Forecast Subject”) using play money, which have no actual monetary value.  

All proposals, forecasts, Forecast Subjects and information, works, content and materials (including the organization and presentation of the foregoing) on or regarding the App (the “Materials”), whether provided by you, us or a third party, and copyrights and other intellectual property rights therein and thereto, are the property of us and our licensors and are protected by copyright, trademark and other intellectual property laws.  "Futuur" and "www.Futuur.com" are trademarks of Futuur. The visual appearance of the App is protected trade dress of Futuur under 15 U.S.C. § 1125 et seq. By uploading or providing any Material to the App, you represent and warrant to us that you own all the intellectual property rights in that material and have the right to transfer such ownership to us.  

Unless we agree otherwise in writing or as may be expressly permitted by said agreement, any use of any Materials, including any modification, public display or performance, derivative use, exploitation or distribution, without our written permission is strictly prohibited. No copyright and other intellectual property notices or watermark on any Materials shall be deleted or modified.

Use of the App

We operate the App as an internet service provider of a platform for users to propose and make on-line predictions/forecasts.

You will access and use the App and participate in the App for lawful purposes only and only in accordance with these Terms and the guidelines, policies, restrictions and agreements on the App.

We will have the sole discretion to make any and all determinations regarding any forecast or Forecast Subject, and all such determinations by us shall be final and binding.

You will not on or though the App do any of the following or assist anyone else to on or though the App do any of the following:

(a)  conduct any fraudulent, criminal offence or other unlawful activity;

(b)  send, upload or provide to us any communication or other Material that infringes, misappropriates or violates anyone else's copyright, trademark, privacy, publicity or any other legal right, or that is illegal, offensive, threatening, abusive, indecent, defamatory, harassing or menacing, or that promotes hatred or violence towards, or directly attack or threaten or make ad hominin attacks on any others, based on race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, age, disability, marital status, or veteran status.;

(c)  conduct any activity which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam";  

(d)  post or distribute any Material or provide any information to us that is intentionally false or intended to mislead or deceive others as to the source of the Material.

(g) impersonate any person or entity, including using a false e-mail address, to confuse, mislead or deceive others;

(g) resell, transfer or make commercial use of the App, any part thereof, forecast, Futuur account, play money therein or any Material thereon;

(h) collect, download, copy, distribute or use of any forecast, Forecast Subject, any member, user, registrant or Material descriptions or information or prices, except to conduct forecasting activity through the App as permitted hereby;

(i) use any data mining, robots or similar data gathering and extraction tools on or at the App or use any other automated means to access the App;

(j) frame or use framing techniques to enclose the App or any part thereof or any Material or any trademark, logo, or other proprietary information (including images, text, page layout or form) of Futuur or the App without our express written consent;

(k) use any meta tags or any other "hidden text" utilizing any of our names or trademarks without our express written consent;

(l) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our servers or other infrastructure or use the App in any way that causes, or is likely to cause, the App or access to or use of it to be interrupted, damaged or impaired in any way, including uploading, linking to, or distributing any Material or communication that is intended to damage or disrupt the App, or another Contributor’s or other user’s device or computer, or that is intended to compromise the privacy or account security of another user;

(m) upload or provide to us any Material that promotes or endorses any goods and services or advertise any products or services or solicit any user of the App, whether or not such advertising or solicitation is in the form of unrequested bulk commercial email;

(n) post or distribute Material that is intentionally false or intended to mislead or deceive others as to the source of the content, or to impersonate any person or entity, including using a false e-mail address, to confuse, mislead or deceive others; or

(o) exploit for any commercial purpose without our express written consent the App, any part thereof except as necessary to utilize rights to downloaded Material pursuant to this Agreement.

Use of Information Submitted.

Futuur is free to use any comments, information, ideas, concepts, reviews, or techniques or any other Material that you may submit to the App or otherwise send to us ("Feedback") worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including developing, and marketing products and creating, modifying or improving the App, Materials therein, the Futuur platform or any Material thereon.  In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Futuur will have sole ownership of any and all intellectual property rights in and to anything created by or for Futuur based on any Feedback.  Should you provide any Feedback, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Futuur regarding the use of such Feedback, even if material or an idea is used that is substantially similar to the material or idea you sent.

Links

The App may provide links or references to other sites, services and resources on the Internet, including payment processors. Futuur has no control over such sites, services and resources and we are not responsible for and we do not endorse such sites, services and resources.  You further acknowledge and agree that we will not be directly or indirectly responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource.  Any dealings you have with third parties found while using the App are between you and the third party, and you agree that Futuur is not liable for any loss or claim that you may have against any such third party.

Termination of Use

We may at our sole discretion terminate or limit anyone's access to or use of the App or your Futuur account at any time and for any reason without prior notice, including your posting or uploading any infringing or offensive Material or other material to the App. In addition, we may immediately terminate or limit your access to or use of the App and/or any forecasts without notice, if you fail to comply with any provision of these Terms or any other agreement with us. In such event, you agree to immediately (i) stop using the App and all Material and (ii) delete all Material and all copies thereof from all digital media, files, folders, works and storage devices and destroy all other copies, or, at Futuur’s request, return all such copies to Futuur, and (iii) pay all amounts owed to Futuur.  If we terminate or limit your access to or use of the App for breach of any agreement or terms or reasonable cause, Futuur will not be obligated to refund any fees paid by you.

Privacy; Your Personal Data

We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit the App. Please see our Privacy Policy for further details.

By providing any personal information on the App or otherwise to us, you are consenting to your personal information being shared with and processed in the course of our business by (a) us and our Subsidiaries, which are located in various different countries, including the U.S., which provide varying and in some cases less privacy protection than your country, and (b) the Material User in case of questions about clearances, legality, rights, violation of rights or claims of infringement, contract breach or illegality.

The App and Materials Provided "As Is".

The App is intended principally as a tool for education, research and policy analysis; it is not offered or intended as a commercial trading facility, a gambling platform, or an investment tool. THE APP, OUR SERVICES AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT REPRESENT OR WARRANT THAT THE APP, OUR SERVICES OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE APP, OUR SERVICES AND THE MATERIALS IS WITH YOU. The App is not a stock exchange, and there are no controls on market manipulation or trading on the basis of "inside information". You confirm that you fully understand the risks that this entails, or, if you do not understand these risks, you agree to obtain appropriate independent advice before using the App.   Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.

Limitation of Liability

NONE OF THE FUTUUR PARTIES SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, DIRECT, PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES OR PROCEEDING ARISING UNDER THESE TERMS OF USE OR ARISING OUT OF YOUR OR ANY OTHER PARTIES USE OF OR ACTIVITY ON THE APP, ANY FORECAST, FORECAST SUBJECT OR MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. THE FEES FOR OUR SERVICES REFLECT AND ARE SET IN RELIANCE UPON THIS ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF THE FUTUUR PARTIES UNDER THESE TERMS OF USE, OR THE ACCESS OR USE OF THE SITE OR ANY OF THE MATERIALS, SHALL BE LIMITED TO AN AGGREGATE OF ONE ($1) US DOLLAR OR THE AMOUNT SET FORTH IN THE LICENSE AGREEMENT, IF APPLICABLE AND GREATER, EVEN IF WE OR ANOTHER FUTUUR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify and hold each of the Futuur Parties harmless against all claims or liability asserted against any of us arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms.

Claims of Intellectual Property Infringement or Other Rights Violated.

Futuur respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied, used, stored, transmitted or displayed in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to our Copyright Agent (Subject line:  “Futuur DMCA Takedown Request”) at hello@futuur.com or sent via physical mail to 1037 NE 65th St #80197, Seattle WA 98115, USA.

To be effective, the notification must be in writing and contain the following information:

  1.         an physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;         
  2.         a description of the copyrighted work or other intellectual property that you claim has been infringed;         
  3.         a description of the material that you claim is infringing or where it is located on the App, with enough detail that we may find it on the App;         
  4.         your address, telephone number and email address;         
  5.         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;         
  6.         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.         

Counter-Notice: If you believe that your Material that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Material, you may send a written counter-notice containing the following information to the Copyright Agent or us at the respective addresses noted above:

  1.         your physical or electronic signature;         
  2.         identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;         
  3.         a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and         
  4.         your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located in New York, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.         

If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that we may re-post the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be re-posted on the App, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Nothing above will reduce affect our right in our sole discretion to remove any Material, Preview or other Material from the App.

Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

These Terms shall be construed in accordance with the laws of the State of New York without regard to its choice of law provisions.        Any dispute arising out of or relating to these Terms, or the breach of any term hereof the App, any proposals or forecastss or activity carried out thereon, upon  notice duly served, will be resolved exclusively by binding and final arbitration administered by JAMS or its successor (“JAMS”), at JAMS’ office in New York City office, before a single neutral arbitrator appointed, in accordance with the streamlined arbitration rules and procedures, or subsequent versions thereof, including the optional appeal procedure (including the optional JAMS Rules, including, without limitation, the rule providing that  each party will contribute equally to JAMS fees and expenses and the rules providing for limited discovery and other exchange of information). The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration.  All disputes and arbitrations shall be governed by the laws of the State of New York and the U.S. Federal Rules of Evidence regardless of choice of law rules and there shall be no award of punitive damages. The decision of the arbitrator shall be in writing and shall include a statement of the essential conclusions and findings upon which the decision is based. The JAMS Rules are available at www.JAMSADR.com. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties agree that all arbitration proceedings shall be confidential and disclosed only to those with a need to know or as may be required by Jaw or as may be required to enforce any arbitration proceedings or awards. Judgment on any awards may be entered in the federal or state courts in in New York City.

Class Action Waiver

You and we further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to us at legal@futuur.com.

The notice must be sent within 30 days of your first use of the App, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.

Consent to Electronic Communications.

By inputting any information on the App, you are consenting to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Personal Data.

You consent to your personal information being shared with and processed in the course of our business by us, which are located in various different countries, including the U.S., which provide varying and in some cases less privacy protection than your country, and (b) in some cases in case of questions about clearances or claims of infringement or violation of other intellectual property or other legal rights relating to any content, information or content provided by you.

Miscellaneous Provisions.

  1.      Futuur may change these Terms and the FAQs, guidelines, policies, restrictions and agreements on the App at any time and from time to time without notice. You are cautioned to review the Terms and the guidelines, policies, restrictions and agreements posted on the App periodically. Your continued access to or use of the App after any such changes are posted will constitute your acceptance of and agreement to the changes.
  2.      Nothing in these Terms or the guidelines, policies, restrictions and agreements on the App shall create a joint venture, partnership, employment relationship, or franchise or fiduciary relationship between the parties.        
  3.         If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining condition.        
  4.         No waiver of any default under these Terms will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of these Terms.        
  5.         If any provision, or portion thereof, of these Terms, or its application to any person or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of these Terms, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and shall otherwise be enforceable to the fullest extent permitted by law.

  1. We may transfer our agreement with you (and any information we hold pertaining to the App, or that you have provided to us), and all rights and privileges hereunder, to any affiliate or subsidiary entity. We also may transfer our agreement with you (and any Material), and any rights and privileges hereunder, to any successor in interest or acquirer of all or substantially all assets of Futuur.  You may not assign, transfer or create any encumbrance over any rights and/or obligations in these Terms without our prior written consent.         
  2. The Futuur Parties are intended third party beneficiaries of these Terms. Nothing in these Terms or the guidelines, policies on the App, express or implied, is intended to or shall confer upon any third person or entity other than the Futuur Parties any rights, benefits or remedies of any nature whatsoever.

        

  1.         Futuur may assign these Terms without your consent to any other party so long as such party agrees to be bound by its terms.        
  2.         These Terms are in addition to the Futuur Privacy Policy and the policies, guidelines and restrictions contained on the App (which are all incorporated by this reference into these Terms).        

Contact

If you have concerns relating to the App or these Terms, please contact us at hello@futuur.com.

Last Updated: January 3, 2017