The following terms and conditions govern all use of the services; FutureOn (“FutureOn” or “Company”) Website (“Website”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FutureOn’s Privacy Policies) and procedures that may be published from time to time on this Website by FutureOn (collectively, the “Agreement” or “Statement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FutureOn, acceptance is expressly limited to these terms. The Website is available only to paying customers (companies, corporations, agencies and individuals) their employees or individuals all of who must be at least 13 years old and financially current with FutureOn.
FutureOn offers a wide range of services, such as content creation, publishing to social networks, blogs, communications, scheduling, analytics, reports, advertising, integration to other operating data systems and various other functions collectively referred to as the “Service” or “Services”. Content (“Content”) means but is not limited to anything you post or share such as text, stories, images, videos, sound, links and the like.
- Access to your FutureOn Account
Subject to the terms and conditions of this Agreement the Service is solely for Customer and User’s use. As used herein, “User” is equivalent to and includes FutureOn’s paying customers (“Customer” or “Customers”). This Agreement sets forth certain terms and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific terms/conditions shall control.
FutureOn may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. FutureOn may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
User certifies to FutureOn that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes without a revenue share agreement with FutureOn; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. FutureOn reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any FutureOn server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or FutureOn’s systems or networks, or any systems or networks connected to the Service or to FutureOn.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
- Fees and Payment
You agree to pay FutureOn the monthly or annual subscription fees as FutureOn Sales department has indicated for the Services you agreed to with the Sales department. Payments will be charged on the day you sign up and by the first day of each month which will cover the use of the Service for a monthly or annual period as indicated. Service fees are not refundable.
- Registration; Security
As a condition to using certain products and services of the Service, User will be required to register with FutureOn and select a password. User shall provide FutureOn with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. FutureOn reserves the right to refuse registration of, or cancel a FutureOn User in its discretion. User shall be responsible for maintaining the confidentiality of User’s FutureOn password and other account information.
FutureOn may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FutureOn account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by FutureOn if you materially breach this Agreement and fail to cure such breach within thirty (30) days from FutureOn’s notice to you thereof; provided that, FutureOn can terminate the Website immediately as part of a general shut down of our Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users own all of the Content and information you place on the Website except for Content that is covered by intellectual property rights, such as images, photos, videos and the like (“IP content”). User specifically grants to FutureOn a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with FutureOn or the Social networks published by the Service. Further, User acknowledges and agrees that when User publishes content and information using the Public setting on certain Social Media websites such as Facebook, that User is solely responsible for controlling sharing of content and that you are allowing everyone, including people off social networks, to access and use that information and to associate it with you the Brand of the Customer and User (i.e. your brand, name and profile Content). User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by FutureOn at the Website and to other networks are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. FutureOn does not support the distribution of pornographic content. Except as expressly authorized by FutureOn in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content.
FutureOn reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FutureOn may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If User is a Customer, FutureOn makes the following warranty to Customer: FutureOn shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer’s sole remedy, and FutureOn’s exclusive liability, for defects in the Service shall be for FutureOn to use commercially reasonable efforts to promptly correct such defects.
Customer represents and warrants that: (i) with respect to all information it provides to FutureOn (such as, Recipient Information), Customer has the full right and authority to make such provision and to allow FutureOn to use such information to provide the Service (including, without limitation, for FutureOn to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.
- Warranty Disclaimer
The Website is provided “as is”. FutureOn and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FutureOn nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will FutureOn, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FutureOn under this agreement during the twelve (12) month period prior to the cause of action. FutureOn shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty
All software content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FutureOn or its content suppliers and protected by United States of America (“United States”) and international copyright laws. The compilation of all content on the Website is the exclusive property of FutureOn and protected by United States and international copyright laws. All software used on (or provided through) the Website is the property of FutureOn or its software suppliers and protected by United States and international copyright laws.
User acknowledges that they are solely responsible what they publish on the Website and agree not to infringe or violate any IP Content or Copyrights laws and rights of others. User understands that a violation of United States IP Content and Copyright laws can be cause for having your Website Account immediately terminated.
You agree to indemnify and hold harmless FutureOn, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to, your violation of this Agreement.
User will resolve any claim, cause of action or dispute (claim) you have with the Website arising out of or relating to this Statement or FutureOn exclusively in the United States District Court for the District of Colorado or a state court located in Denver County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The Laws of the State of Colorado will govern this Statement, as well as any claim that might arise between you and the FutureOn, without regard to conflict of law provisions.
This section is for terms not already defines above definition or context.
- By “FutureOn”, “ Website” or “Website Services” we mean the Services as described above including any “White Label” version of the Website and Services whether private labeled, co-branded, sub-domains, plugins or Platforms now existing or later developed. FutureOn reserves the right to designate, in its sole discretion, that certain brands, co-branded or private label versions of the Service are governed by separate terms and not this set of terms.
- By “Platform” we mean a set of programs, API’s, Content and Services that enable others, including application developers to retrieve data from FutureOn or provide data to FutureOn.
- By “Information” we mean facts and other information about you, your brand, promotions including actions taken by Users and other non-users who interact with FutureOn and or the social networks you interact with.
- By “Content” we mean anything you or others Users and users post, provide or share using FutureOn and any social network.
- By “Social Network” we mean any internet publishing system.
- By “Post” we mean publishing of Content.
- By “Use” we mean use, run, copy, operate, publicly perform or display, distribute, modify, translate and create derivative works of.