FUTURECITE.COM SITE LEGAL TERMS AND DISCLAIMER

YOUR ACCESS TO FUTURECITE.COM (SITE) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS.  CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. THESE TERMS AND CONDITIONS APPLY TO ACCESSING THE SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO HYPER-LINKING OR BY SPECIFIC AGREEMENT WITH FUTURECITE INC (FUTURECITE Inc).

This SITE Legal Terms and Disclaimer Agreement (“the Agreement”) is an agreement between you (“You”) and FutureCite Inc and their respective directors, advisory boards, officers, employees, agents or other representatives, or any one or more of them (collectively called “FUTURECITE Inc”). The effective date of this Agreement is when you Accept or are deemed to accept this Agreement.

You hereby consent to the exchange of information with FUTURECITE Inc, over the Internet or by email and agree that this electronic Agreement is the equivalent of a written paper agreement between You and FUTURECITE Inc.

FUTURECITE Inc reserves the right to make any changes to these Terms and / or the Privacy Policy accessible at www.futurecite.com/ privacy (the “Privacy Policy”) as FUTURECITE Inc deems necessary or desirable without prior notification to You.  Registered Users will be notified by email (if the Registered User agrees to receive email notifications) of the new Terms and / or Privacy changes posted on the SITE.  It is your responsibility to verify regularly the content of the SITE to be informed of any changes.  Your continued use of the Services after any such changes or after explicitly accepting the new Terms and / or Privacy Policy upon logging onto the SITE and using the Services shall constitute Your consent to such changes.

  1. Services

Unregistered Users

As an Unregistered User, You will have viewing access only to the Focus and Flash pages.  You will not have access to post any Content to the Focus and Flash pages.  You will not have any the to Connect pages.  You will not have access the content, or to engage in dialogue on the Connect Forums or to post events.

Registered Users

FUTURECITE’s Site provides services for Registered Users to Focus, Flash and Connect pages to both view and post content and engage in dialogue and events on the Connect pages.  FutureCite reserves the right to amend its Services at anytime to the pages on its Site which may include but not limited to:

  • FutureCiteFocus™(Focus) pages
  • FutureCiteFlash™(Flash) pages
  • FutureCiteConnect™ (Connect) pages
  • Futurecite® Store page (Store) pages (to be launched)

FutureCite Inc reserves the right to identify and select specific Registered Contributors as Feature Focus Article Contributors (Thought Leaders ) to profile on the Focus pages.

FutureCite Inc reserves the right, not to publish, or to remove any content posted by any User accounts that in FutureCite Inc’s sole discretion, do not comply with the Terms of Use  or the Privacy Policies of this Site.

Types of User Accounts

There are three types of Registered Users accounts:

  • Individual
    • Registered User account for an individual (not a company account and not a company email account registration)
    • Enhanced Premium Services may be upgraded by Individual Registered Users to at a future time through Paying Services.
      • Enhanced Premium Benefits may be available for Individual Registered Users at a future time.
  • Industry
    • Registered User account for a company and company email account registration.
      • For bundled benefits email contact@futurecite.com)
    • Enhanced Premium Benefits are available for Industry Advertisers / partners.
      • For opportunities email contact@futurecite.com)
    • Advertiser Accounts with bundled Group Registered User benefits are available to Industry Users
      • For opportunities email contact@futurecite.com
  • Institutional or Not-For-Profit Organizations
    • Registered User account for an educational institution, or organization, and the institutional or organization’s email account registrations.
      • For bundled benefits email contact@futurecite.com)
    • Enhanced Premium Benefits are available for Institutional / Organization advertisers / partners.
      • For opportunities email contact@futurecite.com
    • Advertiser Accounts with bundled Group Registered User benefits are available to Institutional Users
      • For opportunities email contact@futurecite.com
  1. Benefits for Registered Users

All Registered Users will have FutureCiter™ Benefits (Benefits):

  • To view the Focus, Flash and Connect pages
  • To post content on the Focus, Flash and Connect pages. Advertisements are not permitted in the content, unless the User has an Advertising Account authorized by FUTURECITE Inc.
    • Focus Pages
      • All Registered Users have access to post informative content with a 1 minute Video (YouTube or Vimeo link), a Photo and Blog under the categories of Living, Learning or Lifestyle, and its respective subcategories.  FUTURECITE Inc may allocate a category and subcategory that best aligns and showcases the content subject matter.
    • Flash Pages
      • All Registered Users have access to post a 2 minute Video (You Tube or Vimeo link) under the categories of Living, Learning or Lifestyle and its respective subcategories. FUTURECITE Inc may allocate a category and subcategory that best aligns and showcases the content subject matter.
    • Connect Pages
      • All Registered Users have access to the Connect Forum to connect and dialogue,  private messaging with other Registered Users, and access to events.
  1. Ownership and Copyright

You acknowledge that any and all information, content, reports, data, graphics, videos, photos, interfaces, web pages, text, files, software, company names, trade-marks, logos and trade names contained on this Site (collectively “the Content”) including the manner or way in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, or of FUTURECITE Inc as the case may be. You have no rights to the Content.

You retain your rights on any Content You submit, post or display on or through the Services.

By submitting, posting or displaying Content on or through the Services, You grant FUTURECITE Inc a worldwide, non-exclusive, royalty-free license (with right to sublicense) to use, modify, truncate, aggregate, copy, reproduce, prepare derivative works of, publish, transmit, display and distribute such Content in any and all media or distribution formats or methods (now known or later developed, online or offline) through any media channels (including, without limitation, third party websites and feeds), and including after your termination of Your Account or Services.

By submitting, posting or displaying Content on or through the Services, You expressly authorize FUTURECITE Inc to process, adapt and modify such Content as considered to be necessary or desirable by FutureCite Inc and hereby waive Your moral rights on such Content, and You shall not be entitled to any remuneration for such use.

The access to this SITE and use of the Services does not establish the relationship of a partnership, joint venture, franchise, or principal and agent among the parties, and neither party shall have any authority to incur obligations or take other actions on behalf of the other party.

  1. Paying Services

Some Registered User Services may be provided for offered for a fee (as defined in FutureCite® Benefits on this Site) through Paying Services for Enhanced Registered User Subscriptions which may be added or enhanced from time to time as an upgrade to the basic Premium Registered User Services.

  1. Advertising and Other Commercial Content

Development, maintenance, research and the implementation of new ideas, improvements to Content and Services, as well as the need for FUTURECITE Inc to achieve its goals, imply constant and significant investments and financing. In consideration of all the previous elements, FUTURECITE Inc may dedicate some of its digital Site space to display advertising in a way that is beneficial for the Registered Users as well as for Advertisers.

  1. Registered User Services

Some areas of the SITE and some Services may be limited to registered users (“Registered Users”).  To become a Registered User, You need to register and create a User Account by providing FutureCite Inc with personal data such as Your name, email address, country of residence, (Personal Data).  Personal Data  may also include information such as demographic age range, reasons for joining, and profession.  Refer to our Privacy Policy www.futurecite.com/privacy for further information on how FutureCite Inc uses Your Personal Data.  Additional rules may apply to Registered Users who use Facebook Login.  By registering and using the Services, You represent and warrant to the following:

  • The information You provided as part of the registration process is accurate and not misleading and You will keep it up-to-date;
  • You are entitled to access and use the Services according to any laws and/or regulations that may apply to You;
  • You may not transfer or share Your User Account with anyone; You are entitled to create only one personal User Account;
  • You are solely and entirely responsible for maintaining the confidentiality of Your User Account, Password and any activity that may occur through Your User Account. You are in particular responsible for safeguarding the password that You use to access Your User Account;
  • You agree that FUTURECITE Inc may delete or modify any Content deemed inappropriate (e.g. which is offensive, harmful or infringe registered trademarks or other third party intellectual property); and
  • You understand and agree that the information you provide to FUTURECITE Inc when subscribing is made public and may be seen by other Users, registered or not, and by third parties.
  1. Availability Of The Services

FUTURECITE Inc may add, delete or change some or all of the Services at any time and without prior notice. Registered Users will be notified of any changes and given the option to continue to use or to terminate their User Account.

The availability of the services (Services) may include but not be limited to the following:

  • FutureCiteFocus™ Feature Contributor Article Postings
  • FutureCiteFocus™ Public Contributor Article Postings
  • FutureCiteFlash™ Video Pitch Postings
  • FutureCiteConnect™ Forum services
  • Futurecite® Shop for Payment of Goods and Services (Launch TBA)

You acknowledge that FUTURECITE Inc may have to temporarily block or limit access to, or availability of,  part of all of the Services for technical maintenance repair or support. FUTURECITE Inc shall use commercially reasonable efforts to minimize the impact of such temporary limitation to the SERVICES and to inform Registered Users prior to the scheduled maintenance windows.

FUTURECITE Inc reserves the right, without prior notice, to take any measure it might find appropriate in case of breach of these Terms or to protect the integrity and performance of its computer systems, servers and networks, in particular but not limited to a suspension or a termination of data transmission, access to, or making available of, the SITE  or/and the Services.

The data transmitted to FutureCite Inc by You may be hosted by FUTURECITE Inc or a third party of its choice, as part of the Services.  See our Privacy Policy for more details.

  1. Content

You are solely responsible for the Content you post or publish on the SITE. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the individual / company / organization / institution (collectively Registered Users) who originated or posted the Content. You are responsible for any Content you share, even if already available on the SITE.

You undertake not to post any illegal or undesirable messages (spams, discriminatory, hateful, racist, homophobic, inappropriate, defamatory, violent, vulgar, offensive, profane, contains or depicts nudity etc.), or is otherwise inappropriate as determined by FUTURECITE Inc in our sole discretion on the SITE. You undertake not to post any threats, or any Content that is menacing in any way or that calls for hate or violence, or of pornographic nature. You undertake not to post commercial advertisements on the SITE without prior written authorization from FUTURECITE Inc.  FUTURECITE Inc reserves the right not to post or to remove any Content that in our sole discretion does comply with our Terms of Use.

When a Registered User posts Content in the form of an embedded video hosted and distributed by an external service provider such as YouTube, Vimeo, etc., The Registered User is solely responsible to comply with the terms and policies of the external service provider.  FUTURECITE Inc does not host the videos but simply enables the links to be posted by the Registered User back to the videos and  embeds them.

Even if the given service providers’ logo is not always visible on FUTURECITE Inc, the Registered User is aware that the video content posted by an individual/ company/ institution/ organization, is being processed by that service provider and not by FUTURECITE Inc.  It is the responsibility of the Registered User to inquire about the privacy policy and the terms of that service provider. FUTURECITE Inc shall by no means be held liable for the use by those service providers of the Content without the Registered User’s consent.

  1. Permitted Use

FUTURECITE Inc reserves the right to, and may in its sole discretion, intervene to change or remove the Content viewed by You, the Services used by You, and to take all legal measures necessary to enforce its rights.

  1. Restrictions on Use

You agree that You will not:

  • Distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or other such system; or
  • Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of FUTURECITE Inc or its licensors, or the respective owners of any of the Content.   These restrictions shall apply unless prohibited by applicable law; or
  • Impose or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; or
  • Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or
  • Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); or
  • Run any form of auto­responder or “spam” on the Services; or
  • Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
  • Harvest or scrape any Content from the Services; or
  • Otherwise take any action in violation of our Terms of Use and Privacy Policies.
  1. Collection Of Your Information

You hereby grant to FUTURECITE Inc the right to use, any information or other content You provide on or through this SITE or which is sent to FUTURECITE Inc by email or other correspondence.  FUTURECITE Inc shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by FUTURECITE Inc in writing or as required by law.

FUTURECITE Inc cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about You to government or law enforcement officials or private parties as FUTURECITE Inc, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of FUTURECITE Inc or a third party, to protect the safety of the public or any person, or to prevent or stop any activity FUTURECITE Inc may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

  1. Personal Information

FUTURECITE Inc may from time to time collect, store, or use your personal information or monitor your access to this SITE, but is not obligated to collect, store, use,  contact you, or seek your permission with respect to any such collection, storage, or use.  You hereby consent to such collection, storage, and use, and thereby expressly waive any right of privacy.

Our Privacy Policy available at www.futurecite.com/ privacy explains how FUTURECITE Inc collects, processes, uses and discloses registration information and other Personal Data about You.

  1. Limitations on Liability and Disclaimers

Although this SITE uses encryption security, there is no guarantee that personal information and transactions on this SITE will be maintained confidential and secure.  Use of this SITE and the Content is at your own risk, and FUTURECITE Inc assumes no liability or responsibility pertaining to the Content, Your use of this SITE or the receipt, storage, transmission or other use of your personal information.

This SITE and the Content are not to be construed as a form or promotion or an offer to sell any product or service. Access to this SITE may contain links to other sites.  FUTURECITE Inc does not assume responsibility for the accuracy, or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk.  In providing links to other sites,  FUTURECITE Inc is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites.   A link to another site should not be construed to mean that FUTURECITE Inc is affiliated or associated with that site.

FUTURECITE Inc does not recommend or endorse any of the content provided by You or any third parties on this SITE.

FUTURECITE Inc will not be responsible for any damages that You or any third party may suffer as a result of the transmission, storage, receipt or use of confidential or proprietary information, or for any errors or any changes made to any transmitted, stored or received information.

You are solely responsible for the retrieval and use of the Content.  The Content may not be accurate, up to date, completed or untampered.

The Content is provided for informational purposes only and should not be interpreted as a recommendation for any product or service, use or course of action.

Except as expressly provided in this Agreement, this SITE and all Content, services and software on this SITE or made available through this SITE are provided “as is” without any representations, warranties, guarantees, or conditions, of any kind, whether express or implied, statutory or otherwise, including warranties as to uninterrupted or error free operation, availability, accuracy, completeness, reliability, legality, suitability, privacy, security, merchantability, quality, fitness for the purpose, title, non-infringement, or those arising out of a course of dealing or trade.

In no event will FUTURECITE Inc be liable for any special, indirect, incidental, punitive, exemplary, or aggravated damages or for any economic or consequential damages, howsoever caused, including but not limited to damages for loss of use,  or lost profits.

In no event will FUTURECITE Inc be liable for delays in its performance hereunder due to causes beyond its reasonable control, including but not limited to, acts of God, acts of public enemy, general network break-downs, spread of viruses, acts of government or courts of law or equity, civil war, insurrection or riots, fires, floods, explosions, earthquakes or other casualties, strikes or other labor troubles.

In no event will FUTURECITE Inc be liable for damages or losses resulting from viruses, data corruption, failed messages, transmission errors, links to third party websites or sites, third party content, personal injury or property damage, damages or losses caused by You, or your agents, employees or subcontractors, loss of use, or the use or inability to use this SITE or the Content.  FUTURECITE Inc shall not be liable for damages of any kind, losses of profits or revenues, or for costs or expenses or claims of any kind whatsoever arising from or out of the conduct of any third party using this SITE.

In no event will this SITE, be liable for damages or claims for costs or expenses arising from or out of, directly or indirectly, any cause whatsoever including without limitation, breach of warranty, breach of statute, breach of contract, tort, negligence  or otherwise.

This SITE assumes no obligation to update the Content on this SITE.  The Content on this SITE may be changed without notice to You.

FUTURECITE Inc disclaims any liability for unauthorized use or reproduction of any portion of this SITE.

  1. Indemnity

You agree at all times to fully indemnify, defend and hold harmless FUTURECITE Inc against all actions, proceedings, claims, damages, demands, liabilities, or costs and expenses whatsoever including legal fees and expenses on a full solicitor and his own client basis and other professional fees sustained, incurred or paid by FUTURECITE Inc arising out of or resulting from  any information or content You provide on or through this SITE or by email or other correspondence or Your use or misuse of the Content or this SITE, including without limitation any infringement or breach of copyright, trademark or other proprietary interest claims.

  1. Termination

FUTURECITE Inc, may terminate this Agreement at any time, with or without cause, in its sole and unfettered discretion and without notice to You.  The rights given by You to FUTURECITE Inc, Your indemnity and the warranties or representations given by You shall survive the termination or expiry of this Agreement.

You acknowledge and agree that FUTURECITE Inc may in its sole discretion

  • terminate Your access to the SITE and Services
  • deactivate or delete Your User Account and all related information and files ; and
  • bar Your access to any of such files or Services.

Registered Users can delete their accounts at any time.  By deleting their account, Registered Users waive any Services or other benefits pertaining to the SITE, without any kind of compensation.

Except if specifically provided for otherwise, termination of Your access for any reason shall immediately terminate Your rights under these Terms, but shall not relieve You of Your obligations to make immediate and full payment to FUTURECITE Inc for any amounts then due and/or payable, without any claim to reimbursement of monies already paid.

The disclaimers and limitations on liability shall survive the termination or expiry of this Agreement.

  1. Governing Law

This Agreement shall be governed by the laws of the province of Alberta, Canada.   In the event of a dispute, You agree to submit to the jurisdiction of the court in Alberta.

  1. Interpretation

The division of this Agreement into sections and the insertion of headings are for reference only and shall not affect the construction or interpretation of this Agreement.   Words importing the singular include the plural and vice versa and words importing persons includes individuals, sole proprietors, partnerships, corporations, trusts and any other form of association.

  1. Entire Agreement

This Agreement constitutes the entire agreement between You and FUTURECITE Inc regarding access to or use of the Canada 150in150 E-book and this SITE and the Services.  FUTURECITE Inc may revise the terms of this Agreement without notice and at any time.  Amendments will be posted on this SITE.  Use of this SITE after any amendments have been posted will constitute your agreement to and acceptance of the amended terms and conditions.

  1. Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall be, as to that jurisdiction only, ineffective only to the extent of the illegality, invalidity, or unenforceability and shall otherwise be enforced as permitted by law, all without effecting the remaining provisions of this Agreement in any way which shall remain in full force and effect.

  1. Enurement

This Agreement shall inure to the benefit of and be binding on You and FUTURECITE Inc our respective heirs, successors, and assigns.

  1. Acknowledgment

You acknowledge having read this Agreement and that you have the authority and capacity to accept it.

 

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