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.
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.
- “Account” means an account you create when you access Futures Platform Services.
- "Content" – means any future foresight information or other data collected by Us or third parties for Us in whatever form or format from time to time and made available to you through the Future Platform Services.
- “Data” means the data accrued within Futures Platform Services and available to you through the Futures Platform Services.
- “Futures Platform Services” refers to the products and related services of Futures Platform.
- “License” means the license to use the Futures Platform Services, acquired by you from Futures Platform or its reseller, or assigned to you by an Organisation.
- “Organisation” means your employer or any other organisation that has acquired from Us a right to assign to you a License from time to time as an employee or a member of the Organisation.
- “Terms of Service” or “Terms” means these Terms of Service.
- “User Content” means the data you submit to your Organisation and other users of the Organisation within Futures Platform Services.
- “User Data” means all the data that you upload or we collect about you in the Futures Platform Services. User Data may include personal data.
2 CHANGES TO THESE TERMS
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.
4.1 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
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:
- (i) You must not have more than one Account at any given time, and must not create an Account using a false identity or information, or on behalf of someone other than yourself;
- (ii) You must not sublicense, rent, lease, sell, trade, gift or otherwise transfer your Account to anyone without Futures Platform’s written permission; any such transfer or attempted transfer is prohibited and void;
- (iii) You will not, under any circumstances try to get login information or access an account belonging to other users; and
- (iv) You will not, under any circumstances use Futures Platform Services for any unauthorised commercial purpose.
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.
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.
9 USING OUR FUTURES PLATFORM SERVICES
You may not use our Futures Platform Services if:
- You are under 15 years of age, in which case you must not create an Account or use any part of Futures Platform Services;
- You have previously been banned from using any Futures Platform Services.
10 UNAUTHORISED USE OF OR CONNECTION TO THE SERVICE
You agree that you will not, under any circumstances:
- (i) Use Futures Platform Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; or
- (ii) Engage in any act that Futures Platform deems in its sole discretion to be in conflict with the spirit or intent of Futures Platform Services, including but not limited to circumventing or manipulating these Terms or other policies.
- (iii) Use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party or other software designed to modify or interfere with Futures Platform Services;
- (iv) Execute, assist, encourage, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the service, or other attempts to disrupt Futures Platform Services or any other person’s use or enjoyment of Futures Platform Services;
- (v) Try to gain unauthorized access to Futures Platform Services, accounts registered to others or to any computer or server used to offer or support Futures Platform Services (each a "Server") or networks connected to Futures Platform Services by any means other than the user interface provided by Futures Platform, including but not limited to, by circumventing or modifying or causing to be modified, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, files, or software that is part of Futures Platform Services;
- (vi) Use, facilitate, create, or maintain any unauthorized connection to Futures Platform Services, including without limitation (1) any connection to any unauthorised server that emulates, or attempts to emulate any part of Futures Platform Services; or (2) any connection using programs, tools, or software not expressly approved by Futures Platform;
- (vii) Use any unauthorised third party or other software that accesses, intercepts, "mines", or otherwise collects information from or through Futures Platform Services or that is in transit from or to Futures Platform Services, including, without limitation, any software that reads areas of RAM or streams of network traffic used by Futures Platform Services to store information about Futures Platform elements, or environment. Futures Platform may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- (viii) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or Futures Platform Services, whether through the use of a network analyser, packet sniffer or any other tools;
- (ix) Make any automated use of Futures Platform Services, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, or
- (x) Bypass any robot exclusion headers or other measures We employ to restrict access to Futures Platform Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl Futures Platform Services, or harvest or manipulate data;
- (xi) Interfere or try to interfere with the proper functioning of Futures Platform Services, or connect to or use Futures Platform Services in any way not expressly permitted by these Terms, including disrupting, overburdening, or assisting in or encouraging the disruption or overburdening of (1) any Server; or (2) the enjoyment of the Futures Platform Services by any other person;
- (xii) Except where permitted by law or relevant open source licenses, modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code from us, or to obtain any information from Futures Platform Services using any method not expressly permitted by Futures Platform; or
- (xiii) Copy, modify or distribute content from any Futures Platform site or Futures Platform’s copyrights or trademarks or use any method to copy or distribute the content of Futures Platform Services except as specifically authorised by Futures Platform.
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.
12 SERVICE CHANGES AND LIMITATIONS
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 firstname.lastname@example.org or, if an Organisation assigned you a right to use Futures Platform Services, contact your Organisation.
13.3 User Data
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
- (i) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
- (ii) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE FUTURES PLATFORM SERVICES AND OPERATORS OF EXTERNAL SITES.
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.
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
- (i) at your domicile's competent courts;
- (ii) in the applicable consumer dispute resolution process; or
- (iii) by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland, in the English language.
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
22 NO WAIVER
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