Futures Platform - Terms of Service

TERMS OF SERVICE – FUTURES PLATFORM™ SERVICES

 

Welcome to www.futuresplatform.com. These Terms of Service contain the terms and conditions that govern all use of Futures Platform™ Services.

Please read these Terms of Service of Futures Platform™ Services (“Terms of Service”) and our Privacy Policy for Futures Platform Services (“Privacy Policy”) carefully before using Futures Platform Services.

Whenever you use Futures Platform Services, you agree to be bound by all of the terms and conditions of these Terms of Service. If you don’t agree to all the terms and conditions you must not use Futures Platform Services.

References to “Futures Platform,” “Us” or “We” means Futures Platform Ltd located at Kalevankatu 3 B, 00100 Helsinki, Finland (ID 2758733-1) and any company belonging to the same group of companies with Us.

In all cases, “Futures Platform,” “Us,” or “We” includes our agents, consultants, employees, officers and directors as well as any third party content providers, distributors, licensees or licensors.

 

1 DEFINITIONS

 

2 CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add or remove parts of these Terms and Privacy Policy at any time by posting the amended Terms or Privacy Policy on Our sites or within Futures Platform Services. We may provide additional notice, such as an e-mail message or messaging within Futures Platform Services, of any material changes.

Unless We state otherwise, changes are effective when posted. If you continue to use Futures Platform Services after the changes are posted you agree to the changes. New versions of these Terms and the Privacy Policy and any other policies, codes or rules will be accessible at go.futuresplatform.com or within Futures Platform Services.

You cannot make changes to these Terms or Privacy Policy unless both you and Futures Platform sign a written amendment.

If these Terms or the Privacy Policy have provisions that conflict with other Futures Platform terms or policies, the provisions in these Terms and the Privacy Policy shall prevail.

 

3 ORGANISATION

An Organisation having acquired a right to assign you the License shall ensure that you and any other users authorized by the Organisation to use Futures Platform Services comply with these Terms. Each Organisation shall enter into a separate License Agreement with Us and you understand that the validity of your License may depend on the continuing validity of such a License Agreement between Us and the respective Organisation.

The Organisation may have rights to the User Data pursuant to the License Agreement including a right to retain the User Data and use it for their own purposes.

You should direct any claims regarding your License assigned to you by an Organisation or the termination thereof, or regarding the use of your User Data by the Organisation to the respective Organisation.

 

4 CONTENT

4.1 Rights to Content
You will gain access to the Content as made available by us from time to time as part of the License. You or your Organisation may only allow third parties’ access to Content subject to Our express written permission.

You may not sell, distribute, sublicense, assign or transfer Content nor the rights granted to You or Organisation to the Content.

All rights, including any and all Intellectual Property Rights, title and interest in or related to all Content provided by Us shall remain Our or third parties’ sole and exclusive property in accordance with section 13.

4.2 Third Party Materials
We shall be responsible for having the rights necessary for the collection, storing and use of Content originating from third parties, including any permission by relevant third parties providing information constituting or being used to develop Content.

You shall comply with any use or license terms relating to third-party rights of which you have been made aware of.

4.3 Content Warranty
Content is based on information gathered in good faith from information sources that are regarded by Us as reliable. We are not in a position to guarantee the completeness or accuracy of Content.

In no event shall we be responsible for any errors or discrepancies in User Content or Third Party Materials.

4.4 Use of Content
You shall be solely responsible for the actual use and application of Content.

 

5 USER CONTENT

Unless specifically permitted by you, your use of Futures Platform Services does not grant Us the license to use, reproduce, adapt, modify, publish or distribute the User Content created by you or stored in your Account for Our commercial, marketing or any similar purpose, apart from providing Future Platform Services for you. Our obligation to not publish or distribute information does not apply to any information which was known to Us prior to your creation of similar User Content or was in the public domain at the time of your creation of similar User Content or information that later became part of the public domain or information that was independently developed by Us or a third party without reference to your User Content.

You expressly grant Us the right to use and analyse aggregate system activity data associated with use of the Future Platform Services by you and your Organisation for the purposes of optimising, improving or enhancing the way Future Platform Services operate, and to create new features and functionality in connection with Future Platform Services in the sole discretion of Supplier.

You and your Organisation have a right to use your User Content and any modified and derivative works thereof.

 

6 ACCOUNT INFORMATION AND SECURITY

To access Futures Platform Services or create an account with Us, you need to create an Account and select a password and/or provide Us with certain limited personal information, which may include your name and e-mail address. This information will be held and used in accordance with the Privacy Policy.

You agree to supply Futures Platform with accurate, complete, and updated information, particularly your email address.

The following rules govern the creation and use of your Account:

 

7 SECURITY

You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you.

Tell Us or your Organisation immediately of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.

You may stop using Futures Platform Services at any time and you or your Organisation may request that We stop making active use of your data at any time by following the instructions in the Privacy Policy.

Unless the local laws applicable where you are located require otherwise, We are not required to provide any refunds, benefits or other compensation if you or your Organisation request deletion of your Account.

 

8 PRIVACY

The Privacy Policy tells you how We collect and use information about you and your computer and how We may make this information available to your respective Organisation. You understand that through your use of Futures Platform Services you acknowledge the collection, use and sharing of this information as described in the Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using Futures Platform Services.

We encourage you to read the Privacy Policy carefully and use it to make informed decisions.

 

9 USING OUR FUTURES PLATFORM SERVICES

You may not use our Futures Platform Services if:

 

10 UNAUTHORISED USE OF OR CONNECTION TO THE SERVICE

You agree that you will not, under any circumstances:

 

11 ACCESSING OUR SERVICE

We provide Futures Platform Services. You are responsible for having the required equipment to use Futures Platform Services and pay any fees to connect to the Internet, or for data to download and use Futures Platform Services.

The Futures Platform uses html5 and requires Chrome 15, Firefox 10, Internet Explorer 9, Microsoft Edge or Safari 5 (or newer) to function as intended. In addition, JavaScript must be enabled.

 

12 SERVICE CHANGES AND LIMITATIONS

Futures Platform Services are evolving and We may require that you accept updates to Futures Platform Services as well as to these Terms and the Privacy Policy. From time to time we may make you update your software to continue to use Futures Platform Services.

Futures Platform reserves the right to stop offering or supporting Futures Platform Services or part thereof at any time either permanently or temporarily, at which point the License and your use of Futures Platform Services will be automatically terminated or suspended to the extent the offering or supporting of Futures Platform Services is terminated. If that happens, Futures Platform is not required to provide benefits or other compensation to users in connection with discontinued elements of Futures Platform Services other than the refunding of any prepaid fees.

Futures Platform may, in its sole discretion limit, suspend, terminate, modify or delete accounts or access to the Futures Platform Services or any portion of them and prohibit access to the Futures Platform Services. Futures Platform may also delay or remove content. Futures Platform is under no obligation to compensate you or the Organisation for any losses resulting from such actions other than the refunding of any prepaid fees in connection with deleted accounts, if such deletion was not performed due to actions taken by you or your Organisation.

 

13 OWNERSHIP; LIMITED LICENSE

13.1 Futures Platform Services
Futures Platform Services are comprised of works owned by Futures Platform and third parties, and they are protected by copyright, trademark, patent and other intellectual property rights and applicable laws, rules or regulations. These Terms do not grant you or any other party any right, title or interest in Futures Platform Services or any Content.

If you violate these Terms, or any of our other terms that apply to you, We may take action against you, up to and including permanently suspending your Account. In addition, you may be breaking the law, including violating Futures Platform’ intellectual property rights.

The intellectual property rights concerning the web contents embedded or linked to the Futures Platform (mostly videos) as well as news articles, research reports and scientific articles remain in the hands of their respective authors. We do not charge for access to any videos or other materials on third party sites such as YouTube.

13.2 Your Account
Regardless of what anything else states in these Terms, your Account is not your property. Your Account and any related items are owned by Futures Platform. Futures Platform gives you a limited right to use your Account and the related items while We offer the Futures Platform Services.

If you want us to delete your Account, email us at info@futuresplatform.com or, if an Organisation assigned you a right to use Futures Platform Services, contact your Organisation.

13.3 User Data
We may process your User Data freely subject to the Privacy Policy.

 

14 WARRANTY DISCLAIMER; FUTURES PLATFORM SERVICES AVAILABLE ON AN “AS IS” BASIS

Futures Platform makes no promise or guarantee that Futures Platform Services will be uninterrupted or error-free. Futures Platform Services are provided on an “as is” basis. To the extent permitted by applicable law, Futures Platform makes no warranties of any kind, either express or implied, about Futures Platform Services.

 

15 LIMITATIONS; WAIVERS OF LIABILITY

FUTURES PLATFORM SHALL NOT BE LIABLE

THE RISK OF USING FUTURES PLATFORM SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM FUTURES PLATFORM SERVICES AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY FUTURES PLATFORM SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, FUTURES PLATFORM SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF FUTURES PLATFORM IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID FUTURES PLATFORM IN THE THIRTY DAYS (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
 
IF YOU HAVE NOT PAID FUTURES PLATFORM ANY AMOUNT IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FUTURES PLATFORM IS TO STOP USING FUTURES PLATFORM SERVICES AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.

 

16 INDEMNITY

If you use or misuse Futures Platform Services, or if you violate these Terms or any other applicable rules, and that results in loss or damage or in a claim or liability against Futures Platform, you agree to indemnify, defend and hold harmless Futures Platform for that loss, damage, claim or liability, including compensating Futures Platform for its legal fees or expenses.

If Futures Platform wants to, it is allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse them, and it will be at your expense. You also have to cooperate in Futures Platform’s defense of these cases. Futures Platform will use reasonable efforts to let you know if it learns of any claim on which you have to compensate or reimburse them. This will apply even if you stop using Futures Platform Services or your Account is deleted.

 

17 APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These Terms and any policies referred to in these Terms shall be governed by the laws of Finland without reference to its choice of law rules.

Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof shall be finally settled at Futures Platform’s discretion

 

18 SEVERABILITY

If any part of these Terms or the Privacy Policy is not enforceable, the rest of these Terms and the Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.

 

19 ASSIGNMENT

We may give our rights, or Our obligations, under these Terms or the Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms or our Privacy Policy without first getting Futures Platform’s written consent, and any attempt to do so without our consent is void.

 

20 ENTIRE AGREEMENT

These Terms, and any other policies or rules We reference in these Terms, make up the entire agreement between you and Us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us.

 

21 LANGUAGE OF THE TERMS

If We provide a translated version of these Terms, the Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning shall prevail.

 

22 NO WAIVER

If We do not enforce a provision of these Terms, or the Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or the Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and Us to be legally binding.

 

23 NOTICES

We may notify you by posting something on www.futuresplatform.com or go.futuresplatform.com, and sending you an e-mail or using other ways of communicating with you based on the contact information you provide to Us.

 

24 FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

Updated 6 July 2017

Futures Platform™ 2017