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FOUNTAINFUL TERMS OF SERVICE
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TERMS OF SERVICE
The following Terms of Service (these "Terms of Service"), govern your access to and use of Five Talents At Work LLC, dba Fountainful, services, including any content, functionality and services offered on or through www.fountainful.com (the "Site or website")
These Terms of Use (“Terms”) state the Terms of Service governing your use of and access to the Site and constitute a legally binding contract between you and Fountainful. These Terms incorporate any additional Terms of Service posted by Fountainful through the Site, or otherwise made available to you by Fountainful.
The Privacy Policy (“Policy”) describes how Fountainful may use and disclose information that we may collect about all users and viewers through the Site.
PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITE.
We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.
1. DEFINITIONS
a) The term "us" or "we" or "our" refers to Fountainful, which operates the www.fountainful.com website (the "Site" or “Service”).
b) The term “User” refers to the individual, company, business organization, or other legal entity using the Services and/or contributing Content to them. The Content the User contributes, submits, transmits and/or posts to or through the Site shall be referred to variously as “your Content”, “Content of yours”, and/or “Content you submit.”;
All of the above definitions can be used in the singular and plural form (if applies).
2. ACCEPTANCE OF TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity Fountainful, concerning your access to and use of www.fountainful.com You agree that by accessing the Site, you have read, understood, and agree to be bound by the Terms of Service and Privacy Policy incorporated. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
3. USAGE/ ELIGIBILITY
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify Fountainful for any losses, costs or damages, including reasonable legal fees, incurred by Fountainful in relation to, or arising out of, such a breach. The legal age for use of the services shall be 18 years and above. Fountainful reserves the right to terminate any use of the service that doesn’t comply with usage requirement. We will also not be liable to you for any damage that might arise from person’s less than 18 who is found to use the services.
4. TERMS OF SERVICE
Creating an Account. To use and enjoy the services we provide, we require you to register an account with us. Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
User’s Responsibilities. By using the Website, the User undertakes in particular to:
• not provide any unlawful content, including unlawful content that may adversely affect the security of the Website or harm other Users.
• not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites.
• abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• not use or attempt to use another user’s account without authorization from such user and Fountainful.
• not use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
• not do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
• not access any feature or area of the Sites that you are not authorized to access.
• not use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
• not to solicit information from users for illegal activities, to cause harm to people or property, or to scam others.
5. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Site may make available or provide links to third party website, content, services, or information (“Third Party Materials”). Fountainful does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the website does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
6. INTELLECTUAL PROPERTY
Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the website, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
7. USER LICENSES
You may access and use the Website and Services only in accordance with any instruction manuals, user guides and other documentation as made available by Fountainful from time to time (“Documentation”).
This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. attempt to decompile or reverse engineer any software contained on Fountainful website;
iii. remove any copyright or other proprietary notations from the materials; or
iv. Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fountainful at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
8. ASSIGNMENT OF THE CONTRACTUAL RIGHTS AND OBLIGATIONS
As users of the platform, you agree and acknowledge that we may exercise at our sole discretion and we reserve the right to freely assign and/or transfer any or all of the rights and obligations described in this Agreement in connection to providing the service to you. You may not assign any of your rights and duties without our prior consent. Notwithstanding the foregoing provisions, this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
9. LIMITATION OF LIABILITY
To the extent permitted under applicable law, under no circumstances shall we, our officers, directors, employees, parents, affiliates, successors, assigns, or licensors be liable to you or any other third party for any indirect, special, incidental, or consequential, exemplary or punitive damages of any type including, without limitation, damages for loss of goodwill, service interruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations or costs of procurement of substitute goods or services, damages arising in connection with any use of the website or any and all other commercial damages or losses, arising out of or in connection with these terms. Notwithstanding anything to the contrary contained herein, in no event shall our total liability (including our officers, directors, employees, parents, and affiliates) for any claim arising out of or related to these terms, to the fullest extent possible under applicable law, exceed the amount paid if any, by you for the use of the services.
10. COMPLAINT PROCEDURE
We have designed our service to be seamless and easily accessible. Should you have any complaint when using the platform, feel free to contact us. We will attend to your query immediately – no longer than 5 business days from the day we receive it.
11. DELETING THE ACCOUNT
You may terminate these Terms and the license granted to you hereunder at any time by contacting us to delete the account. Deleting an account is tantamount to terminating the agreement. Any problems caused by account deletion, such as non-performance of User-to-User agreements, are the sole responsibility of the User requesting deletion.
Fountainful without prejudice to any other rights we may have, may terminate these Terms and the license granted to you hereunder automatically without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to the site or services or to any feature available therein.
12. INDEMNIFICATION.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Fountainful, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the Fountainful Parties”), from and against all actual or alleged Fountainful Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify Fountainful of any third-party Claims and cooperate with the Fountainful Parties in defending such Claims. You further agree that the Fountainful Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fountainful.
13. PROHIBITED USES
You may not access or use the Site for any purpose other than that for which we make available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
3. Make improper use of our support services or submit false reports of abuse or misconduct.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6. Attempt to impersonate another user or person or use the username of another user.
7. Use any information obtained from the Site in order to harass, abuse, or harm another person.
8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
9. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
10. Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
11. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
14. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
15. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
16. Use the Site in a manner inconsistent with any applicable laws or regulations.
17. Use content without proper attribution.
18. Use content in a fashion that does not comply with the content’s specific licensing.
14. DISCLAIMERS.
Your access to and use of the services and content provided on www.fountainful.com are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, and Fountainful are founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.
Fountainful make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Fountainful or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Fountainful is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fountainful of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
16. CHANGES
If Fountainful decides to change these general Terms of Service, we will post the changed Terms of Service on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
17. GOVERNING LAW AND JURISDICTION
This general Terms of Service in relation to the use of Fountainful is hereby governed by, and constructed and enforced in accordance with the laws of USA. The competent courts in USA shall have the exclusive jurisdiction to resolve any dispute between you and Fountainful.
