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Terms of Service
Please read these terms of service very carefully before using or registering for any of the Fountech Capitals Limited-owned websites and / or any services and / or any Fountech Capital-driven applications.
These terms of service (“Agreement”) govern you accessing content and using www.Fountech.Capital and its affiliates’ web sites, microsites and any associated applications.
This Agreement between you (“you”) and Fountech Capital, is subject to change by us as described below. By checking “I agree to the terms and privacy” checkbox, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Fountech Capital. If you are using the Services on behalf of an entity or organization, you are agreeing to this Agreement for that entity or organization and promising that you have the authority to bind that entity or organization to this Agreement. In that case, “you” and “your” will refer to that entity or organization.
- Any Fountech Capital -owned web site and microsite (collectively the “Site”) is owned and operated by Fountech Capital. (referred to as “Fountech Capital” herein). The Site and its content (“Content”) and any Fountech Capital-driven applications (“Services”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Fountech Capital or the copyright owner to the fullest extent allowed by law.
- You acknowledge and agree that Fountech Capital may stop (permanently or temporarily) providing any Services (or any features within those Services) to you or to users generally at Fountech Capital sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Fountech Capital when you stop using the Services. You acknowledge and agree that if Fountech Capital disables access to any feature or service, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account, if you have one.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Fountech Capital, unless you have been specifically allowed to do so in a separate agreement with Fountech Capital. You agree that you will not engage in any activity that interferes with or disrupts the Site or Services (or the servers and networks which are connected to the Site or Services). Unless you have been specifically permitted to do so in a separate agreement with Fountech Capital, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Fountech Capital has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (Limited including any loss or damage which Fountech Capital may suffer) of any such breach.
- Fountech Capital may charge for access to use any of its Services; additionally, please be aware that your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Site and Services are the sole responsibility of the person from whom such materials originated, which may be you.
- Fountech Capital reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Site or Services. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of any Fountech Capital-owned website, application, micro-module and / or their materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall you frame any portion of any Fountech Capital-owned website or application or micro-module or any materials contained therein.
- While Fountech Capital uses reasonable efforts to include accurate and up-to-date information on and in Fountech Capital-owned websites and applications and products, Fountech Capital makes no warranties or representations as to its accuracy. Fountech Capital assumes no liability or responsibility for any errors or representations in the Content of the Site or Services.
- Any Fountech Capital-owned website may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Fountech Capital is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
- If you submit your own authored material, unless such content or material submittal is subject to separate terms and conditions, Fountech Capital shall have the right to feature copies and / or representations of such content and material for the purposes of marketing, promotion or betterment of any Fountech Capital owned website or application. Accordingly, you hereby assign any rights in such content and material to Fountech Capital that you may have. In the event ownership in the content or material cannot be granted to Fountech Capital, you grant Fountech Capital and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, Fountech Capital shall also have the right to use uploaded user material, regardless of its source author, solely for Fountech Capital to improve its products scientifically (for example, but not limited to, training of its Artificial Intelligence models) and to improve the technology driving its products and Services. Additionally, you grant Fountech Capital, its affiliates, and sublicensees the right to use your name and/or username in connection with your content. You represent and warrant that all content and materials you provide: (a) shall EITHER be your original work product and will not be based on, or derived from, the proprietary information or items of a third party, OR material that you have legal right to use and have not illegally copied it from copyrighted source material; and (b) shall comply with all content restrictions set forth in this Agreement. You represent and warrant that your use of the Service in connection with any Content or third-party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold Fountech Capital and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
- At your discretion, you may provide feedback to Fountech Capital concerning the functionality and performance of any of its services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Fountech Capital. In the event ownership in the Feedback cannot be granted to Fountech Capital, you grant Fountech Capital at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Fountech Capital may disclose that Feedback to any third party in any manner and you agree that Fountech Capital has the ability to sublicense all Feedback in any form to any third party without restriction.
- Any and all Fountech Capital-owned websites, applications and micromodules may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.
- You shall not transmit to Fountech Capital or upload to any Fountech Capital owned-website or product or application any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, Limitedluding for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
- You may not use your username and password for any unauthorized purpose.
- Fountech Capital may retain and use, information collected in your use of any of its Services, provided such information does not individually identify you. Fountech Capital may collect, use and share your personal information in accordance with its Privacy Policy.
- Fountech Capital does not knowingly collect any information from anyone who we know to be under the age of 13. If you are aged between 13 and 18, you should use Fountech Capital websites and Services only with the involvement of a parent or guardian, having sought their express permission to register with any Fountech Capital website or Services, and should not submit any personal information to Fountech Capital, except in creating an anonymous username. If Fountech Capital discovers that a person under the age of 13 has provided Fountech Capital with any personal information, Fountech Capital will use commercially reasonable efforts to delete such person's personal information from all Fountech Capital systems.
- Fountech Capital may terminate your access to our Site or any of its products and / or applications the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
- By using the Site, Services, or any other Fountech Capital-owned website, product, application or micro-module, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site.
- The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Fountech Capital’ proprietary rights in them.
- THE MATERIALS AND/OR CONTENT ON THIS SITE AND ANY FOUNTECH Capital-OWNED APPLICATIONS, SERVICES, PRODUCTS OR MICRO-MODULES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FOUNTECH Capital SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR ANY OF ITS SERVICES. FOUNTECH Capital MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF ANY OF ITS SERVICES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, FOUNTECH Capital DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, LIMITEDLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FOUNTECH Capital IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FOUNTECH CapitalOR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE MATERIALS ON ANY OF ITS WEBSITES / PRODUCTS / APPLICATIONS AND / OR MICRO-MODULES, EVEN IF FOUNTECH Capital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. FOUNTECH Capital’ AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
- You shall not assign or transfer this Agreement without the prior written consent of Fountech Capital. Any attempt to assign or transfer this Agreement by you shall be void.
- Fountech Capital shall not be liable to you for any delay or failure of Fountech Capital to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Fountech Capital. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labour strike, or delays by you in performing any requirements hereunder.
- This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
- Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed, if need be, to apply to the maximum extent allowable under applicable law.
- The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
- Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
- The section headings used herein are for convenience only and shall not be given any legal import.
- Fountech Capital may, in its sole discretion, modify or update this Agreement from time to time, so you should review this page periodically. When Capital materially changes this Agreement, FCapital will update the ‘Last Updated’ date at the top of this page and notify you that material changes have been made to this Agreement. Any such changes will become effective no earlier than thirty (30) days after they are posted, except that changes addressing new functions of the Fountech Capital Services or changes made for legal reasons will be effective immediately. Your continued use of the Site or Services after the date any such changes become effective constitutes your acceptance of this Agreement, as updated. If you do not agree to any of these terms or any future terms, you may not use or access the Site or Services. Notices to Fountech Capital shall be made to the attention of the “Operations Manager” and sent via mail to Imperial House 79-81 Hornby Street, Bury, England, BL9 5BN, with a copy sent via email to info@fountech.ventures
- This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.