TERMS OF USE
Thank you for visiting the official website(s) of Futera FZ LLC (“Futera FZ LLC”). The official Futera websites are owned and operated by Futera FZ LLC a Free Zone Limited Liability Company registered in Dubai, United Arab Emirates. Company registration number 502068. Address PO Box 502068, Media Business Centre, Dubai Media City, Dubai, United Arab Emirates.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AS SET OUT BELOW AND WHICH IS EXPRESSLY INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE and our PRIVACY POLICY PLEASE DO NOT USE THIS WEBSITE.
In these conditions, references to ‘we’ or ‘us’ or ‘our’ are references to Futera FZ LLC references to ‘you’ or ‘your’ are references to the person using the website(s). These Conditions (as may be amended from time to time) will govern the relationship between you and us.
These Terms of Use govern your use of the Futera website(s), online game activity, purchases and services, including, without limitation, your use of any software that Futera FZ LLC or its suppliers refers to you and/or makes available to users, all of which under these Terms of Use may be collectively referred to as the “Futera Network.” Futera FZ LLC (“Futera FZ LLC” or ‘Futera’ or “we”) manage the Futera Network.
Please read these Terms of Use carefully since by using the Futera Network, you are confirming that you have read and understood, and agree to be bound by these Terms of Use and that you have read and understood and agree to be bound by the terms of our Privacy Policy. If you do not agree to these Terms of Use and Privacy Policy, you may not use the Futera Network. By using any of our websites you agree to be legally bound by these terms, which shall take effect immediately on your first use. If you do not agree to be legally bound by all the terms please do not access and/or use any of our websites.
Eligibility: You affirm that you are fully able and competent to enter into these Terms of Use and to abide by and comply with them. If you are under 13 years of age, you affirm that you have obtained the consent of your parent or legal guardian to use this website. Futera FZ LLC may sell products for individuals under the age of 18 years, but purchases must be completed by adults who are able and authorised to make purchases with a credit card and/or through a Paypal account. Credit card payments are processed via the Paypal system. Futera reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion for any reason whatsoever including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
Your Responsibilities: By using the Futera Network, you agree to: (a) provide true, accurate, current, and complete information as prompted by any registration/application form and maintain/update such information. In addition, you agree not to use the Futera Network to violate any local, state, national, or international law or regulation; transmit any material that is abusive, distasteful, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy or racially, ethnically, or otherwise objectionable; transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation; knowingly transmit any material that contains adware, malware, spyware, viruses, or any other computer code, files, or programs which could interrupt or affect the functionality of the Futera Network and/or its users. Such actions can be traced and the appropriate Authorities will be involved.
Ownership, Content and Restrictions of Use
The trade marks, logos, trade names, game names, characters, brands and product names appearing on the Futera Network are trademarks/service marks or registered trademarks/service marks of Futera FZ LLC or the appropriate third parties. Nothing contained in these terms shall be construed as conferring by implication, or otherwise any licence or right to use any trademark, patent, design right or copyright of Futera FZ LLC or of any other third party. The copying or use of any trademark or service mark or images without express written consent of the respective holder is strictly prohibited. The Futera Network is provided for your personal, non-commercial use only. Any other use of our content is strictly prohibited.
Unless otherwise stated, neither Futera nor any of its sports cards and/or collectibles are endorsed or sponsored by any of the players, teams, associations, bodies, sponsors, events, kit or clothing manufacturers who may feature in our collections, nor are any collections representative of, or associated with, or endorsed by any Team/Club/League/Association/Event including the World Cup. Futera football/soccer cards and/or collectibles are not official products of The FA (The Football Association) or any other sports body unless otherwise stated.
Creative, fictional and/or design theme elements including star ratings, titles and descriptions contained in Futera sticker, card and game products /collectibles/ services should not be regarded as being representative of actual abilities, skills or other attributes of any individual, team, club, country, sport, event or other – for example a card showing a design element with 2 stars may be played to the same or greater effect as a card showing a design element with 5 stars – the stars do not relate to any individual or individual’s skill; nor do such creative elements reflect the views or opinions of Futera in relation to any individual, team, club, country, sport, event or skills or attributes thereof.
Futera does not, as part of a regular, established practice, monitor, control, or have knowledge of all content transmitted through the Futera Network. You agree that you are solely responsible for all content you transmit and receive using the Futera Network. We do not warrant that functions contained in our content will be uninterrupted or error free, that defects will be corrected, or that Futera FZ LLC or the server that makes it available are free of viruses or bugs. Futera makes no representation or warranty as to the completeness or accuracy of the information contained on the Futera Network(s), not does it represent or warrant that the products or services offered or advertised through the Futera Network(s) will be available at all times. If it is necessary for us to interrupt the Services then we may do so without telling you first. You acknowledge that the Services may also be interrupted for reasons beyond our control.
You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
Our Programmers strive to ensure that our website(s) run in line with their intended operation, however technical problems may occasionally occur. We try to solve technical problems in a timely manner, and no claim will be accepted as a consequence of the methods used to rectify such technical problems and/or the consequences arising from such remedial action. Under no circumstances will we be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of online card selection/position; © loss of position in competition/tournament/division/other; (d) loss of opportunity; (e) loss of revenue or anticipated profits or of anticipated savings; (f) loss of business; (g) loss of goodwill or injury to reputation; (h) losses suffered by third parties; or (i) any indirect, consequential, special or exemplary damages arising from the use of our website(s) regardless of the form of action. You are advised that Content may include technical inaccuracies or typographical errors.
You agree to indemnify us against any claims, demands, actions, costs, proceedings, expenses, loss or damage, including reasonable lawyers’ fees by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other User using your computer, of any intellectual property or other right of any person or entity.
Where we provide a service without specific charge, then it is deemed free of charge, and not to be associated with any other service for which a charge is made. Accordingly there is neither contractual nor other obligation upon us in respect of any such service.
We are not responsible for any or all advertisements on our website(s) including but not limited to goods or services or other material advertised by Advertisers. Each such offer is provided at the sole discretion and subject to the terms and conditions, as applicable, of the respective Advertiser. We give no warranty and accept no liability in relation to any such offer.
The information contained on the website(s) may become out of date at any time and Futera makes no commitment and expressly disclaims any duty to update any of the content of the Futera Network. Futera FZ LLC reserves the right to add, modify, or delete any information on the Futera Network at any time without notice.
Futera shall not be liable for any action taken by you as a result of your relying on any information provided through the Futera network, website(s) or third party websites or for any loss or damage suffered by you as a result of you taking such action.
Futera reserves the right to change the price and availability of any of its content at any time without notice; provided, however, any price change will not affect your purchase price for orders that Futera FZ LLC has already received from you which Futera has confirmed in writing as being available and the order accepted and already paid for in full and forwarded for delivery processing and despatch. The submission of your Order and payment details via Paypal does not constitute acceptance of your order by Futera FZLLC which would be subject to availability of the item(s) ordered and our acceptance of the order and only upon despatch of your order will the order process be deemed complete. Our current minimum order value is 9 Euros including p&p.
Terms relating to Delivery of Products and Postal Services – please read
Futera FZ LLC shall endeavour to despatch properly ordered products within a reasonable amount of time (normally between 2-14 days from receipt of payment, subject to availability and processing requirements). The time taken for delivery may depend on postal services local to the customer over which Futera FZ LLC has no control. Please allow 28 days from acknowledgement of your order before becoming concerned as international shipping and clearance can take a little longer. The total amount charged for your order will include any post & packing (p&p) applicable and will be for our provision of a standard postal service and not for any special recorded or tracking service and claims of non-receipt will not be accepted. If you require a special ‘Signed for’ or ‘Track and Trace’ or other type of postal service for your order, please ask for a quote within 24 hours of receiving our order acknowledgement email. If you have any questions concerning the order process and terms, before placing any order please contact us at: info@futera.com
Delayed postage: Following 30 days from your receipt of our Order Acknowledgement email, if you advise us that the item has still not been received, we will immediately commence a formal investigation through the Postal and/or Courier Services handling your order. Receipts are maintained for every order with details of the originating Post Office and date of despatch for each customer. A delayed/missing package is generally identified either as on its way to the delivery address or on its return to the originator. The process may take several weeks until the Investigation is concluded by the Postal Service(s) concerned. Claims of non-delivery are not accepted due to the Postal Service’s delivery system being outside our control but we will be happy to provide the receipt of postage of your order for your assistance.
Futera’s liability for any product purchased through its website(s) is strictly limited to the purchase price of that product. If the product is defective, Futera, at its discretion, will supply a replacement or remedy the item concerned.
Our website(s) may contain links to other internet web sites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such website.
The Chat Room facility offered through our website(s) is owned, hosted and run by Meebo, Inc. By using the Chat Room facility you accept and agree to be bound by their Terms of Use as set out at http://www.meebo.com/terms and additionally accept and agree to be bound by the terms of their Privacy Policy http://www.meebo.com/privacy/full.
Links to our website(s)
You must not establish a link from your own or any website that is not owned by you without firstly contacting us for, and receive written permission to do so.
Our website(s) must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Moderation
We may provide interactive services on our Website(s), including, without limitation:
Forums
Bulletin boards
Blogs
Directories
User profile pages
Classified advertising
Competitions/Prize events
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website(s). However, we are under no obligation to oversee, monitor or moderate any interactive service provided on our website(s) and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Competition Terms & Conditions and Rules
Unless otherwise stated, the Promoters of a Trial, Tournament, Competition or other activity featured on the Futera Network are Futera FZ LLC (Registration No. 31701) Registered in Dubai, Dubai Media Citiy, Dubai, United Arab Emirates. Unless otherwise acknowledged, these rules apply to all competitions, tournaments, trials, Prize Weeks or other such situation/offer operated by the Company varied only as circumstances may require. Rules pertaining to certain promotions may only appear on specific literature – eg leaflets, mailouts, newspaper adverts, etc.
Participation instructions form part of these rules. All entrants must agree to abide by these rules. Entering multiple Teams into any competition or prize-winning event is prohibited. Entrants found to have won, or be attempting to win or play by dishonest or unfair means may be disqualified, their cards removed from the Game until further notice and any prize forfeited, and be subject to other penalty action by the Development Team at their discretion including being requested to return a prize which has been deemed to have been won by unfair means.
The submission of an entry shall be deemed to indicate acceptance of these Terms and all rules set out herein and as per Terms & Conditions published on the website. Participation in Trials/Tournaments/Competitions/other activities via the Futera Network, unless stated otherwise, are international and open to residents of all countries subject to relevant Registration terms & conditions applying at the time of participation. Participation in a National-specific competition if stated is solely restricted to residents of that country, with prize delivery only to a prizewinner’s own addresses in the country stated. Competitions, Tournaments and/or other events which offer a ‘prize’ or reward are not open to employees or members of their immediate families, participating clients or anyone connected with the promotion of the competition or event and in any event the decision of the company shall be final and legally binding.
Our competitions are intended to be fun and entertaining. Entering or participating in a competition does not create an enforceable contract and does not entitle the participant to enforce any claim against the Company. Unless otherwise stated, no purchase or payment is required. Entries must be received by before the stated closing date and /or time and subject to the absolute discretion of the Company, late entries will not be considered. Where the result may be a Draw, there may be a tie-breaker question, or a penalty shoot-out, or other appropriate method used to identify a clear winner as appropriate to the Competition type. However, the selection of a winning entrant will be at the Company’s sole discretion. No communication regarding results will be entered into. Whilst every care will be taken, the Company cannot be held responsible for the non-delivery, delay or loss of any entry. Proof of posting, texting or emailing is not accepted as proof of delivery. The decision of the Company as to acceptance of any entry shall be final. All entries become the property of the Company and unless otherwise agreed, cannot be returned. Entrants agree to their name, home-town and country being published on the website(s) and elsewhere. They agree to their participation details being published, broadcast and otherwise used without entitlement to any payment. Subject to the Company deciding otherwise only the stated prize(s) may be won. Prize values may be set by the supplier of the prize and not by The Company. Prize values are approximate at time of competition and may be subject to change. No cash alternative is available for non-cash prizes. In the event of the stated prize becoming unavailable the Company will, where appropriate, arrange the supply of an appropriate alternative at the Company’s sole discretion. In the event that there is more than one entry qualifying as a prospective winner of a prize which is by its nature divisible the prize may be shared, at the discretion of the Company. In the event of there being more than one prospective winner of a prize that is not by its nature divisible, the decision of the Company as to the ultimate winner, and the prize/award to be given, shall be final.
A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply to that person would otherwise be unlawful. Age limits may apply to certain prizes. Entrants outside such limits will be disqualified. For certain prizes, winners under 18 years of age must be accompanied on a journey or holiday or to an event by a parent or guardian or other responsible adult. The company notifies winners of competitions/tournaments/trials/other events by email and, where appropriate, to make arrangements for the delivery of a prize. Such notification not acknowledged or responded to by a winner within 28 days of the first notification will result in their prize remaining the property of the Company to do with as it sees fit. Following receipt of a winner’s delivery address details, the Company would normally despatch the prize within 28 days. This would be subject to the availability of the prize which may be delayed in transit to the Company. In such circumstances a period of up to 60 days should be allowed before an alternative is considered.
Subject to the discretion of the Company, the names of (major) prize winners will be made available within 30 days following the closing date by publication on the appropriate website(s). The decision of the Company is final. No correspondence will be entered into concerning the Company’s decisions. The Company reserves the right to reject claims or applications and to alter, amend or foreclose the promotion without prior notice. While the Company will use its best endeavours to ensure that prizes are received by the actual winner they shall not be responsible for any failure to do so. The Promoters are not responsible for any incorrect or inaccurate information, caused by any of the equipment or programming associated with or utilised in any activity, trial, tournament or competition, or by any technical error that may occur in the course of the administration of such. The Promoters assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries. If for any reason the activity, trial, tournament or competition becomes incapable of running as planned, including but not limited to technical failures, or reasons beyond the control of the Promoters which affect the administration, security, fairness, or proper conduct of this promotion, the Promoters reserve the right in their sole discretion to cancel, terminate, modify or suspend the competition.
Specific World Football Online Game League Position and Fair Play Regulations (to be read in conjunction and in accordance with the above Competition Terms & Conditions and Rules to which this forms part):
Participation instructions form part of these rules. All entrants must agree to abide by these rules.
Multiple entries/registrations from one person, whether registered under the same or a different name, are prohibited. As for the ruling for Competitions, Tournaments Games and/or other events, participation in the World Football Online Game is limited to one entry/registration per person. Futera FZ LLC holds the right to suspend or delete multiple entries. Entrants found to have won, or be attempting to win or play by dishonest or unfair means may be disqualified, their cards removed from the Game until further notice and any prize forfeited, and be subject to other penalty action by the Development Team at their discretion including being requested to return a prize which has been deemed to have been won by unfair means.
A Team’s position in a league table is dictated by the number of it points it has gained in any given week. The more points the Team has gained the higher up the table that Team will be. If points between 2 or more teams are tied, then the team with the higher ‘wins to games played’ ratio will be higher up the table. If this is still the same then the result is worked out on who has lost the least games. In the unlikely case of this still being the same then the placing is worked out in alphabetical order (alphabetical order is overidden by the FUTERA DEVELOPMENT TEAM in prize weeks and the Prize would be awarded to the team higher in the Futera All-Time Table. The decision of the Company is final. No correspondence will be entered into concerning the Company’s decisions.
Privacy: When you register to become a member, Futera collects certain personal information about you. You agree that Futera may use such information in accordance with the provisions of Futera’s Privacy Policy (see below). Futera’s Privacy Policy is expressly incorporated into these Terms of Use.
User Names/Password/Security issues: You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Futera of any unauthorized use of your password or any other breach of security related to the Futera Network. Futera reserves the right to require you to alter your password if Futera believes that your password is no longer secure. Futera WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
Termination: Futera reserves the right to terminate your membership and access to the Futera Network and at any time and without notice, for any reason whatsoever.
DISCLAIMER OF WARRANTIES: FUTERA HEREBY DISCLAIMS ALL WARRANTIES. FUTERA IS MAKING THE FUTERA NETWORK AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE FUTERA NETWORK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUTERA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FUTERA NETWORK, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FUTERA DOES NOT WARRANT THAT THE FUTERA NETWORK WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE FUTERA NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE AND AT ANY TIME WITHOUT NOTICE FUTERA MAY SUSPEND THE OPERATION OF THE FUTERA NETWORK, WEBSITE AND/OR SERVICES. FUTERA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE FUTERA NETWORK OR THE CONTENT OF ANY WEBSITES LINKED TO THE FUTERA NETWORK AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: 1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; 2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE FUTERA NETWORK; 3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; 4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FUTERA NETWORK; 5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FUTERA NETWORK BY ANY THIRD PARTY; AND/OR 6. FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE FUTERA NETWORK. THE OPERATION OF THE NETWORK MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF FUTERA AND UNDER NO CIRCUMSTANCES SHALL FUTERA BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FUTERA OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’s) USE OF THE FUTERA NETWORK.
Exclusions and Limitations: To the extent Futera may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Futera’s liability shall be the minimum permitted under such applicable law.
Indemnity: You agree to indemnify, defend, and hold harmless Futera, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable legal fees and costs) arising from or relating to (a) your (or anyone using your account’s) access to or use of any part of the Futera Network, (b) your (or anyone using your account’s) violation of these Terms of Use, or © your (or anyone using your account’s) infringement of any intellectual property rights or other rights of any third party. Futera reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Futera in asserting any available defences. Under no circumstances shall Futera FZ LLC be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, software or services available on or from other websites.
Third party websites/links: The Futera Network may contain links to third party Web sites or Internet resources that are not owned or controlled by Futera. Futera’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Futera’s endorsement of such other Web site or resource or its contents. FUTERA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE, INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FUTERA NETWORK OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING.
Communications – Electronic
When you visit the website(s) or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the website(s). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Futera may subcontract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations under them without notice. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision.
Waiver: No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly if any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
Venue and Choice of Law: These Terms of Use / Privacy Policy shall be governed by English law. You hereby irrevocably consent to the exclusive jurisdiction of the English courts.
Futera makes no representation that information or material contained herein is appropriate for use in other jurisdictions. Users who access the Futera Network from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws.
Contact: You may contact Futera about any problems or questions with the Futera Network at: info@futera.com.
Modifications: Futera may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify part or all of the website(s); and © discontinue part or all of the Futera Network. Futera shall post revisions to these Terms of Use, and the revision shall be effective immediately upon such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Futera Network after any revision has been posted to the Site, you shall abide by any such revision.
ACKNOWLEDGEMENT: BY USING ANY PART OF THE FUTERA NETWORK/WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE and the PRIVACY POLICY (below) AND AGREE TO BE BOUND BY THEM.
Enforcement from: 22nd July, 2009
PRIVACY POLICY
This Privacy Policy relates to your use of the Futera websites, online game activity, purchases and services, including, without limitation, your use of any software that Futera FZ LLC or its suppliers refers to you and/or makes available to users, all of which under these Terms of Use may be collectively referred to as the “Futera Network.” Futera FZ LLC (“Futera FZ LLC” or ‘Futera’ or “we”) manage the Futera Network.
The following categories of information may be automatically tracked when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We may also use “cookies” to customize content specific to your interest. The information stored in Traffic Data cookies is not linked to any Personal Information. Some of our business partners use cookies on our site. We have no access to or control over these cookies. This privacy statement covers the use of cookies by Futera FZ LLC only and does not cover the use of cookies by any third party.
In order for you to access certain services and to purchase products that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your account or credit card number); and (3) Demographic Data (such as your zip code, age, and income). If you communicate with us by e-mail, post messages on our forums, or otherwise complete online forms,or competition or game entry/participation, any information provided in such communication may be collected as Personal Information.
Forum/Blog: Neither Futera nor its Collectors’ Forum/Blog endorses in any way the views and opinions of posts, nor does it vouch for the accuracy or authenticity of posts.
Forum members are solely responsible for the accuracy and authenticity of their posts, including any alterations made to posts.
Any member found to be deliberately posting misleading or deceptive information, or carrying out illegal or unauthorised activities will have their Forum account terminated without notice and any offending posts removed immediately.
Because of the nature of the internet, it may be hard to identify or locate the person making a posting. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them.
Futera accepts no liability for the content of any communications or messages received by you from other users including any content posted by other users in forums/blogs/chat rooms/other.
You will not be able to recover any losses you may suffer by relying on posts or information on the Forum/website.
The administrator reserves the right to add to, alter or delete any of the above posting guidelines at any time.
Posts on the Futera Network may contain hyperlinks to other websites operated by third parties. These websites are not under the control of Futera and Futera is not responsible for their content.
Chat Room: The Chat Room facility offered through our website(s) is owned, hosted and run by Meebo, Inc. By using the Chat Room facility you agree to be bound by their Terms of Use as set out at http://www.meebo.com/terms and additionally accept and agree to be bound by the terms of their Privacy Policy http://www.meebo.com/privacy/full.
We may use personal information to send you information about Futera products or services, promotional material from some of our partners, or to contact you when necessary. You may opt-out of receiving such communication or providing certain personal information at any time by sending a request to: info@futera.com. Please note that if certain personal information is not provided, or withheld, that this may prevent participation in certain areas of the Futera Network (e.g. participating in online games, etc.).
We may share Contact Data and Financial Data with our business partners/associated third parties who assist us by performing core services (such as hosting, billing, fulfilment, or data storage and security) related to our operation of the Site. Such parties agree to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to Futera FZ LLC.
Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or © enforce our Terms of Service.
Whilst we endeavour to protect Personal Information submitted to us, both during transmission and once we receive it, no method of transmission over the Internet, or method of electronic storage, is perfectly secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee, and you cannot expect, its absolute security.
Lost/Stolen information: You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.
Public information: If you use the forum, post blogs, or submit comments on our website(s), you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of the Web site, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in forums, blogs, or comments.
The Futera Network may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
Service/Changes/updates: Futera may at its sole discretion from time to time without notice change the format and/or content of its websites and suspend the operation of the Futera Network and services for whatever reason.
Futera FZ LLC may assign its rights without notice to you. Futera reserves the right to modify this Privacy Policy at any time, so please review it frequently.
If you have any questions concerning data protection or other matter in relation to this Privacy Policy, please feel welcome to contact us at our business address Futera FZ LLC, PO Box 502068, Dubai, United Arab Emirates or email: info@futera.com
ACKNOWLEDGEMENT: BY USING ANY PART OF THE FUTERA NETWORK/WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE and PRIVACY POLICY AND AGREE TO BE BOUND BY THEM.
Venue and Choice of Law: These Terms of Use / Privacy Policy shall be governed by English law. You hereby irrevocably consent to the exclusive jurisdiction of the English courts.
Enforcement from: 22nd July, 2009
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