These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and As Reaktor Studios AB, a provider of Fountn (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://fountn.design./ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to it (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Definitions
-Affiliate: in relation to a party, refers to any other entity that is directly or indirectly (i) controlled by, (ii) controls or (iii) is under common control with that party, and in relation to the Company also includes any fund, limited partnership or other collective investment vehicle or any other person managed or advised by the Company’s team.
-AML: Anti-Money Laundering.
-Applicable Laws: Refers to laws, statutes, regulations, ordinances, treaties, guidelines and policies issued by governmental organizations or regulatory bodies, including but not limited to the applicable law outlined in the laws of Sweden.
-CFT: Countering the Financing of Terrorism.
-Confidential Information: Any non-public proprietary information or documents of the User or Company (whether written, oral or otherwise) disclosed to Company by or on behalf of the User that, when disclosed in tangible or intangible form, is marked as confidential (including in visual, oral or electronic form) and relates to us or another User who was previously a User and is provided or disclosed by Company (or to employees or agents) in connection with the use of or participation in the Services.
-Content: any Company-generated content, including logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text, written or multimedia materials, services, advertisements, software, code, data, files, archives, folders or available downloads on the Fountn.
-Cookies: The small text files that are stored on your computer by the website you visit. They are often used to make websites work or work more efficiently and to provide information to the website owner.
-Services: Refers to the services provided to users through the Website.
GENERAL PROVISIONS
Contractual Relationship
These Terms constitute a valid and binding agreement between you and the Company. The binding obligations set forth in these Terms are enforceable.
Revision And Changes
The Company reserves the right, at its sole discretion, to revise, modify or update any of the clauses and provisions set forth in these Terms at any time. The Company will give notice of any revision or modification of such clauses or provisions by updating these Terms and stating the “date of last revision” on a page of the Terms. All revisions and updates to these Terms will automatically become effective upon their posting on the Platform, which includes the Website. Therefore, if you continue to access or use the Fountn and/or the Services, you will be deemed to have read, understood and accepted all revised Terms and Conditions. If you do not agree with the revised or updated Terms and Conditions, you should immediately discontinue accessing the Website or using the Services. We encourage you to review these Terms and Conditions frequently and carefully to ensure that you understand them.
Privacy Policy
You acknowledge that you have read, understand and agree to the Website Privacy Policy. This policy explains how the Company treats your information and protects your privacy when you access or use the Fountn.
By using the Fountn, you consent to the Company collecting and using your information and anonymized data about your use of the Services for analytics, identifying trends, and statistical purposes further to improve the effectiveness and efficiency of the Services.
You hereby expressly authorize Company to disclose any information about you in Company’s possession to law enforcement or government officials upon request of a court order.
Links To And From The Website
You may access websites operated, provided or otherwise licensed by persons other than us (“Third Party Services”) through hypertext or other computer links from the Website. Such hyperlinks are provided for your convenience.
A link from Third Party Services does not imply that Company endorses or approves of the content of such website or that Company is an operator of such website. You understand that you are solely responsible for determining the extent to which you may use or rely on any content on other third-party websites accessed from the Website. The Company has no control over, and assumes no responsibility for, the content on any such websites or resources or any loss or damage arising from your use of them.
The Company assumes no responsibility for the use of, or the inability to use, any third-party software, other materials or content posted and/or uploaded to any such website, and we assume no liability to any person or entity for the inaccuracy or incompleteness of any such third-party content. All intellectual property rights in and to the Third Party Services are owned by the respective third parties.
Information
You acknowledge that you, not us, are solely responsible for any submissions of all contents, remarks, suggestions, ideas, materials, feedbacks, or other information, including bug reports, in relation to the Services provided through the Website, including any submission to our social media platforms such as Twitter and Telegram, and that you, not us, are fully responsible for such submissions, including their accuracy, legality, reliability, appropriateness, originality, and copyrights. We will respond based on the information you have supplied, without verifying it. Regardless of the foregoing, we reserve the right to refuse to post, remove, edit, or abridge any submission for any reason, and to freely use, copy, disclose, publish, display, or exploit such submission as we deem necessary without any payment of royalties, acknowledgment, or consent, and we may keep copies of all information materials relevant to the Service.
Intellectual Property Rights
Unless otherwise indicated, the Site 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, international copyright laws, 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, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, 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.
If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do all such acts and execute all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
User Representations
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site 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. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. 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.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. 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 party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
10. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
11. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
12. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
13. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
14. 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.
15. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
16. Use the Site to advertise or offer to sell goods and services.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Term And Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING A CLASS ACTION.
Notice of Claim and Dispute Resolution Period
Please get in touch with the Company first. The Company will seek to address your concerns without resorting to formal legal proceedings whenever possible. If you have a dispute with the Company, you should contact the Company, and a case number will be assigned. The Company will attempt to resolve your dispute internally as soon as possible. The parties will agree to negotiate in good faith to resolve the dispute and discussions will remain confidential and subject to applicable laws protecting settlement discussions from use as evidence in any legal proceeding.
Agreement To Arbitrate
You and the Company agree that subject to paragraph 16.1 above, any dispute, claim, or controversy between you and the Company that arises in connection with, or relating in any way, to these Terms or your relationship with the Company as a user of the Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by a mandatory final and binding individual arbitration rather than a class action, except as set forth below under Exceptions to the Agreement to Arbitrate. You and the Company further agree that the arbitrator will have the exclusive power to rule on his or her jurisdiction, including, without limitation, any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate or the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including, if applicable, attorney fees, except the arbitrator, may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions outlined in Clause 17 will survive the termination of these Terms.
Arbitration Rules
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Stockholm Chamber of Commerce (SCC) by the SCC Arbitration Institute (“SCC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in these Terms. The seat of the arbitration shall be Stockholm, Sweden. The Tribunal shall consist of one arbitrator. The arbitration shall be in English.
Governing Law/Jurisdiction
The governing law of the arbitration will be that of Sweden.
Confidentiality
The parties agree that the arbitration will be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration will not be disclosed to any non-parties except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to facilitate the arbitration. Notwithstanding the preceding, a party may disclose information to the extent that disclosure may be required to fulfil a legal duty, protect, or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive the termination of these Terms and any arbitration brought under these Terms.
Class Action Waiver
You and the Company agree that any claims relevant to these Terms, or your relationship with the Company will be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and the Company further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable laws. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties involved.
The Company reserves the right to update, modify, revise, suspend, or make future changes regarding the parties’ Agreement to Arbitrate, subject to applicable laws. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Clause is up to date.
Subject to applicable laws, your continued use of your Fountn’s account will be interpreted as your acceptance of any modifications regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications, the Company may block access to your account pending closure of your account. In such circumstances, these Terms prior to modification will remain in full force and affect the pending closure of your accessibility.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER OF ACCESSIBILITY OF THE WEBSITE AND THE SERVICES
To the extent permitted by applicable law, Company’s website and services are provided on the basis of ‘AS IS’ and ‘AS AVAILABLE’. Company does not guarantee that the features and functions contained on the Website and Services will meet your requirements. You hereby agree and acknowledge that your access to and use of the Site and Services is at your own risk and that you are liable for any and all responsibilities and consequences arising out of or in connection with your use or accessibility of the Site and Services. You expressly agree that the Company shall have no liability in this regard.
You hereby agree and acknowledge that the Website may contain links to third party websites or services that are not owned or controlled by the Company, so that the Company assumes no responsibility for the content or services, goods or activities offered by such third party websites. You further agree that the Company shall not be liable, directly or indirectly, for any damage, loss or consequence arising out of or in connection with the use of any content, materials or services available through the Third Party Website.
The Company reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction if we so choose and/or to terminate your access to and use of the Website and the Services at any time and in our sole discretion.
Company may, in its sole discretion, restrict or limit your use of the Website. In addition, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to a breach of these Terms, we may terminate the Website or your access to the Website and the Services at any time and without notice to you.
LIMITATIONS OF LIABILITY
Notwithstanding any provisions within these terms, in no event will the company, its partners its affiliate, or its employees, agents, officers, or directors be liable to the user for any incidental, special, exemplary, punitive, indirect, or consequential damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or other such websites, or any other services or items obtained through the website, or other such websites, including, but not limited to, lost revenue, lost profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, loss of your credential information, loss or interruption of technology, loss of use of service or equipment, even if the user was advised of the possibility of such damages, and whether arising under a theory of contract, tort, strict liability or otherwise.
Except as expressly provided in these Terms, and to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates, or any other person, including, without limitation, any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service provided incidental to the Services under these Terms.
Except as expressly provided in these Terms, and to the fullest extent permitted by any Applicable Laws, the Company, its Affiliate, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
-your use of inability to use, or availability or unavailability of the Services, including any Third-Party Services made available through the Services;
-the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorized access to Fountn’s records, programs, services, server, or other infrastructure relating to the Services.
-the Services being infected with any malicious code or viruses; or
-the failure of the Services to remain operational for any period.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
LANGUAGE
Only English versions of any Fountn Team communications shall be considered official communications of the Company. The English version of any communications and/or these Terms shall prevail in case of differences in translation.
TERMINATION
These Terms will be immediately terminated by discontinuing your use of or participate in the Services and you agree to terminate the accessibility on the Fountn .
These Terms can be suspended or terminated without a notice from the Company if there is a reasonable ground for the Company to believe that you have breached any of the terms or provisions stipulated in these Terms, or if you do not comply with these Terms.
The termination of these Terms will not prevent the Company from seeking remedies from you in the case where you have breached any terms or provisions of these term before such termination. The Company will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.
No Third-Party Rights
Nothing in these Terms will be deemed to create any rights to any creditors or other persons, not a party hereto. Moreover, these Terms will not be construed, in any respect, to be a contract, in whole or in part, for the benefit of any third parties.
Clickwrap
The Company may deliver the Service through electronic means such as download links, graphical, Tools or other technologies for providing the Service for users. The user interfaces to such electronic means may require that the users agree to these Terms by checking a box, clicking a button, or continuing with the Service. If user through such action the user becomes a Party to these Terms. Such an action of acceptance shall be sufficient to bind the users to the terms and conditions herein these Terms.
Waiver
The failure of the Company to require or enforce strict performance by You of any provision of these Terms or the Company’s failure to exercise any right under these Terms shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by the Fountn Team shall be deemed a modification of these Terms nor be legally binding.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Reaktor Studios AB
https://fountn.design/