You may be required to create an account to access certain portions of the Services. You are not permitted to share, sell, distribute or otherwise transfer your account information or allow your login credentials to be used by any other person.
We may terminate your account and/or suspend your use of the Services without notice if we suspect that your account is being used in an unauthorized manner or if you violate these Terms.
We may allow you to submit content, including but not limited to your application responses, answers, comments, ideas, and other information and materials (collectively, “User Material”).
As between you and us, you retain ownership of any and all intellectual property rights you may hold in your User Material. You grant us the following license to your User Material: the non-exclusive, royalty-free, worldwide, sublicensable, transferable, perpetual and irrevocable right to store, host, modify, translate, publish, transmit, copy, display, disseminate, and use your User Material, in all media and formats now known or hereafter invented, solely for the purposes of providing, supporting, and promoting the Services.
You represent and warrant that you own or have the necessary rights and permissions to provide your User Material to us, and to authorize us to use such User Material in the manner contemplated by these Terms.
Applying to Futures Engine requires you to submit your User Material for review by us and third-parties with whom we’ve contracted. Under no circumstances will we be required to treat your User Material as confidential. For the avoidance of doubt, we will not be liable to you or any other person as a result of any similarities to the User Material that may appear in any future products or services of us or our affiliates.
Please note that the license you grant us to your User Material and the statement above regarding non-confidentiality apply to intellectual property only, and do not expand or alter our use or disclosure of your personal information as set forth in our Privacy Notice.
While we may not review or monitor User Material, we reserve the right to block, refuse, delete, remove or edit, in whole or in part, any User Material that violates these Terms or is otherwise objectionable, as determined in our sole discretion. You are solely responsible and assume all risks associated with any User Material you submit or that is submitted through your account. We assume no liability in connection with any damage, loss, or harm you may suffer from submitting, viewing, or using any User Material.
If you provide or disclose to us any suggestions, ideas, or feedback (collectively, “Feedback”) with respect to the Services or other potential products and services, you hereby grant us and our affiliates, a worldwide, perpetual, irrevocable, transferable, nonexclusive, royalty-free license, with the right to sublicense, to use and exploit the Feedback for any purpose.
All information and content submitted in support of your application (“Submission”) must adhere to the following guidelines (collectively the “Submission Guidelines”):
- The Submission must be in the English language;
- The Submission and all components thereof, including all ideas, creative elements and any other materials and information contained in the Submission must be wholly original and created by you alone, and must not duplicate any previous Submission;
- The Submission must not contain material that is unlawful or that violates or infringes another’s rights, including but not limited to privacy, publicity, confidentiality, copyright, trademark, patent, or other proprietary intellectual property rights;
- The Submission must not contain material that is derogatory, disparaging, hateful, obscene, inappropriate, indecent, tortious, defamatory, slanderous or libelous, as determined in our sole discretion;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain personal information pertaining to any third party unless you have obtained their prior written permission.
We reserve the right to make such changes to any Submission as are necessary to make it compliant, or to require you to do so.
You should retain a copy of all portions of your Submission. We are not responsible for, and you specifically release us from, any claims or liability relating to, any loss or damage to your Submission.
By submitting an application, you represent and warrant that:
- Your Submission complies with the Submission Guidelines;
- No other party has any actual or potential right, title, claim or interest in your Submission (including intellectual property rights), or if they do, you have secured all rights and permissions necessary to submit such materials to us;
- You have the unconditional right and authority to submit the Submission to us and to grant the rights set forth herein;
- Your Submission is accurate and truthful to the best of your knowledge;
- Your Submission does not violate any applicable law, rule or regulation, and your use of the Services is not prohibited by any applicable law, rule or regulation in the country in which you reside;
- Our use of your Submission will not infringe or involve the misappropriation of any third-party rights, and you agree to indemnify and hold harmless us and our affiliates from and against any breach of this representation and warranty;
- You have the right to make the Submission as contemplated hereunder without the need of any consent of any third party or if you do need such consent, you have obtained it;
- You are under no obligation or disability, created by law or otherwise, which would in any manner or to any extent prevent or restrict making a Submission.
- You are not on any sanctions or restricted party list maintained by any agency of the United States Government, including but not limited to the Departments of the Treasury, Commerce, and State (e.g., the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Office of Foreign Asset Control (OFAC)), whether currently listed, or subsequently listed at any time during your use of the Services.
We reserve the right at our sole discretion and at any time to terminate these Terms and your right to use the Services if you violate or fail to comply with the Terms, tamper with the application process, and/or act in any way that would, in any way, discredit or harm the reputation of us or our affiliates or partners, and/or to cancel, modify or suspend the Services should fraud or misconduct or other causes beyond our control corrupt the administration, integrity, security or proper operation of the Services.
Notwithstanding anything contained herein to the contrary, we reserve the right, in our sole discretion, at any future time to terminate, modify or suspend the Services for any reason, including any of the following: act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government or governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; failure, malfunction, or other issues with technology, software, networks, connectivity or technical facilities; failure of essential production or technical personnel to appear or be available; or other cause beyond our control.
We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed Submissions, or for technical or human errors or failures of any kind in connection with Submissions, transmission, processing or review of Submissions, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or any combination thereof.
We are not responsible for any typographical or other error in the Services.
We endeavor to observe the requirements of the Digital Millennium Copyright Act. In the event you believe that any Content or User Material (defined below) infringes your copyright or other intellectual property right, you may notify our designated agent by email at [email protected] or by mail to 155 W. 23rd St., 5th Floor, New York, NY 10011, Attn: Futures Engine.
You must include the following information in your complaint:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing with respect to the Services;
- your email address, mailing address and telephone number;
- a statement by you that you have a good faith belief that the use of the material on the Services is not authorized by the copyright owner, the copyright owner’s agent or law;
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
You agree to indemnify, defend and hold harmless us and our affiliates, successors and assigns, and each of their respective trustees, officers, directors, employees, agents, suppliers and representatives, from and against all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, expenses, damages, settlement funds, fines, penalties and associated costs and expenses, including reasonable attorneys’ fees, arising out of or related to (1) your use or misuse of the Services; (2) your breach of these Terms; (3) any User Materials submitted or provided to us; or (4) our use of your User Materials and/or the exercise of any rights granted to us, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to your User Material. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
You hereby release us and our affiliates, successors and assigns, and each of their respective trustees, officers, directors, employees, agents, suppliers and representatives from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with your use of the Services, any use of User Material, and/or the exercise of any rights granted to us, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to your User Material.
All questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by and construed in accordance with the domestic laws of the State of New York, without giving effect to any choice of law or conflict of law.
You shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. You will not represent yourself to be or hold yourself out as our employee. You further acknowledge that, other than the Services, no goods or services are, have been, or will be exchanged under these Terms and therefore no consideration other than your ability to access and use the Services is due to you. No failure to enforce these Terms shall constitute a waiver of any provision contained herein. To the extent any portion of these Terms is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms, as modified, will remain in full force and effect. This is the entire agreement between you and us relating to the subject matter herein and shall supersede all prior discussions, agreements and understandings of any kind between us. We may assign our rights and obligations under these Terms without your consent in the event of a reorganization, consolidation, or merger, or a transfer of all or substantially all of our assets or business operations to a successor entity. These Terms shall inure to the benefit of and be binding upon you, us, and our successors and assigns. The word “including” as used in these Terms shall be read to mean “including but not limited to.”
We reserve the right to modify and update any aspect of the Services, at any time in our sole discretion. These Terms may be updated periodically for clarity or to reflect changes in the Services. We indicate at the top of this document when it was most recently updated. We encourage you to check this page frequently to review any changes. If we make changes, we will notify you via the change log below. In some cases, we may provide additional notice such as a statement on our homepage or an email. Your continued access to or use of the Services will constitute your acceptance of any modifications or updates.
These Terms and any other documentation, agreements, notices, or communications between you and us may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
If you have any questions about these Terms, please email us at [email protected]. You also may write to: 155 W. 23rd St., 5th Floor, New York, NY 10011, Attn: Futures Engine.