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FUTOPIA GLOBAL PRIVATE LIMITED Terms of Use

Acceptance of Terms of Use

These Terms and Conditions apply to the use of the products and services provided to you by FUTOPIA GLOBAL PRIVATE LIMITED, located at 008 suite, IHDP Business Park, Bakhtawarpur, Sector 127, Noida, Uttar Pradesh 201304.

Our Services encompass but are not limited to – websites, forums, online events, software, products, applications, documents and other information provided by FUTOPIA. This also includes any updates, enhancements, new features or changes to these Services.

By using our Services, you agree to these Terms and Conditions. As our Services may include software applications with additional terms or requirements, you will be required to agree to those additional terms if you choose to use such Service.

FUTOPIA GLOBAL PRIVATE LIMITED reserves the right to update these Terms and Conditions at any time without notice to you. We encourage you to check these Terms and Conditions from time to time for updates.

“IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE SUCH SERVICE(S).”

Personal and Non-Commercial Use

All services are for personal, non-commercial use unless otherwise stated. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, lease, reverse engineer or attempt to extract source code from any part of our service unless we expressly consent in writing.

Your Content

Some of our Services may require you to post, upload, submit, store or send information or content to FUTOPIA (collectively referred to as “Upload”), subject to the purposes stated in the FUTOPIA GLOBAL PRIVATE LIMITED Privacy Policy or for review by the public or members of public or private communities. Unless otherwise agreed between you and FUTOPIA GLOBAL PRIVATE LIMITED, you retain ownership of any intellectual property rights in your uploaded content.

When you upload content to our Services, you agree to grant FUTOPIA GLOBAL PRIVATE LIMITED, its global affiliates and subsidiaries a worldwide, fully paid-up, perpetual license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, use, host, store, modify or create derivative works from your content for the purpose of operating, promoting, and improving our Services. You also agree to allow us to sublicense such rights to our global partners and suppliers as necessary to achieve the same purposes.

By uploading content to FUTOPIA GLOBAL PRIVATE LIMITED, you acknowledge and agree to the following:

  1. You represent that you own all applicable rights to the content or have obtained all necessary consents, rights, licenses and contracts from the relevant content owners to provide FUTOPIA with the license and sublicense for the uploaded content.
  2. You further warrant and represent that your uploaded content does not violate any of the prohibited uses stated below in these Terms of Use and you have not violated any applicable laws and regulations when uploading the content. You have not forged or deleted required copyright or other intellectual property rights attribution or proprietary notices.
  3. You are fully responsible for the content you provide since FUTOPIA GLOBAL PRIVATE LIMITED is not obligated to preview or review any content for accuracy, completeness, quality, legality, or reliability.
  4. You shall not upload content that directly or indirectly engages or promotes illegal or toxic behavior such as hatred based on age, race, ethnicity, nationality, sexual orientation, gender, appearance, religion or politics. This includes acts that may be considered tortious, offensive, insulting and content referring to sexual acts, pornography, obscenity or profanity.
  5. The uploaded content must be free from viruses, worms, time bombs, corrupted files, malicious scripts or other software programs or code that may damage the Services and any hardware or software needed to provide such Services.
  6. FUTOPIA GLOBAL PRIVATE LIMITED will not provide compensation for the uploaded content. Furthermore, FUTOPIA GLOBAL PRIVATE LIMITED is not required to post or use your content and may remove such content at any time at its sole discretion.

FUTOPIA GLOBAL PRIVATE LIMITED Content

Our Services, available to you, may include or require the installation of software by Futopia. This software can be separately downloaded or may be installed on your Ultimus device by default. It may be automatically updated if new versions become available. To enable you to use our Services, Futopia hereby grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive license to use any Futopia-developed software for personal, non-commercial use, following any provided instructions or in the manner specified through the software interface. Futopia’s components may include the use of software under open-source licenses; for such components, the applicable open-source license will govern your use. For clarification, third-party software is separately licensed to you by the applicable owner and/or licensor of such software, not Futopia.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software and computer code (collectively referred to as “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content contained within our Services are owned, controlled or licensed by FUTOPIA. This Content is protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied,

duplicated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without the express prior written consent of FUTOPIA.

You may use information on FUTOPIA products and services such as data sheets, knowledge base articles and similar materials, which are purposefully made available by FUTOPIA for downloading, provided that:

  1. You do not remove any proprietary notice language from all copies of such documents.
  2. You use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media.
  3. You make no modifications to any such information.

Prohibited Uses

You agree not to use the Services:

  1. In a manner that violates any local, state, national, foreign or international statute, regulation, rule, order, treaty or other law (each referred to as a “Law”).
  2. To stalk, harass or harm another individual.
  3. To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You also agree not to interfere with or disrupt the Services and the servers or networks connected to them.
  4. To use any data mining, robots or similar data gathering or extraction methods in connection with the Services or any FUTOPIA server.
  5. To attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems or networks connected to the Services or websites, whether through hacking, password mining or any other means.
  6. To review, scan or test the vulnerability of the Services or any network connected to them, nor violate the security or authentication measures on the Services or any network connected to them. You may not engage in reverse look-up, trace or seek to trace any information about any other user or visitor to the Services or any other customer of FUTOPIA, including any FUTOPIA account not owned by you, to its source or exploit the Services or information made available or offered by or through the Services, in any way for the purpose of revealing any information, including but not limited to personal identification or information, other than your own information as provided for the Services.
  7. To take any action that imposes an unreasonable or excessively large load on the infrastructure of the Services or FUTOPIA’s systems or networks or any systems or networks connected to the Services or FUTOPIA.
  8. To use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Services or any transaction being conducted on the Services or with any other person’s use of the Services.

Other Terms and Conditions

Additional terms and conditions may apply to the purchase of goods or services and to specific portions or features of the Services, including contests, promotions or other similar features. All these terms are incorporated into these Terms of Use by reference. By using or participating in such a service or feature, you agree to abide by these additional terms and conditions, where applicable, and represent that you are of sufficient legal age to do so. In the event of a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Services or any service offered through the Services, the specific terms shall take precedence regarding your use of that portion of the Services or the specific service.

FUTOPIA reserves the right to make changes to any products or services offered on the Services, including adjustments to the prices of such products or services, at any time without prior notice. The materials on the Services related to products and services may become outdated and FUTOPIA does not commit to updating these materials.

Accounts, Passwords and Security

Certain features or services offered on or through the Services may require you to open an account (including setting up an ID and password). When creating such an account, please ensure the information provided is true, accurate and complete as required for registration. If there are changes to such information, you should quickly update your registration information. You are entirely responsible for maintaining the privacy of the information you hold for your account, including your password and for any activity that occurs under your account due to your failure to keep this information secure and confidential. You agree to notify FUTOPIA immediately of any unauthorized use of your account or password or any other breach of security. You may be held liable for losses incurred by FUTOPIA or any other user of or visitor to the Services because of someone else using your ID, password or account due to your failure to keep your account information secure and confidential.

Privacy

FUTOPIA’s Privacy Policy applies to the use of the Services and its terms are incorporated into these Terms of Use by reference, with full force and effect. Additionally, by using the Services, you acknowledge and agree that Internet transmissions can never be completely private or secure. You understand that any message or information you send to the Services may be read or intercepted by others, even if there is a special notice that a particular transmission (such as credit card information) is encrypted.

Due to the international nature of FUTOPIA’s business, we may transfer information within the FUTOPIA group and to third-party suppliers who assist us in providing the Services to you for the purposes outlined in these Terms of Use. Consequently, we may transfer information to countries that may have different laws and data protection compliance requirements than those applicable in the country where you are located.

For further details on how your information may be collected, used, and processed, please refer to FUTOPIA’s Privacy Policy, which is available at https://futopia-global.com/privacy-policy

Links to Other Sites and to the FUTOPIA Services

The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided only as a convenience to our visitors. Such Linked Sites are not under FUTOPIA’s control and FUTOPIA is not responsible for and does not authorise the content of such Linked Sites including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

FUTOPIA DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. FUTOPIA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FUTOPIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUTOPIA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND/OR ANY FUTOPIA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SERVICES. YOUR SOLE REMEDY AGAINST FUTOPIA FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use whether for breach of contract, tort, negligence or any other cause of action.

FUTOPIA reserves the right to take any of the following actions at any time without prior notice:

  1. Modify, suspend or terminate the operation or access to the Services, or any part of the Services, for any reason.
  2. Modify or change the Services or any part of the Services, along with any applicable policies or terms.
  3. Interrupt the operation of the Services or any part of the Services as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

FUTOPIA will not be liable to you for any indirect, consequential, incidental or punitive damages, including lost profits, even if FUTOPIA has been advised of the possibility of such damages, unless prohibited by law.

Indemnity

You agree to indemnify and hold FUTOPIA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, losses, liabilities, claims or expenses made against FUTOPIA by any third party due to, arising out of or in connection with your use of the Services.

Violation of These Terms of

Use

Subject to the FUTOPIA Privacy Policy, FUTOPIA may disclose any information we have about you, including your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services or to identify, contact or take legal action against someone who may be causing damage to or interference with FUTOPIA’s rights, property or the rights and property of visitors to or users of the Services, including FUTOPIA’s customers. FUTOPIA always reserves the right to disclose any information that FUTOPIA deems necessary to comply with any applicable law, regulation, legal process or governmental request. FUTOPIA may also disclose your information when FUTOPIA determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection. You acknowledge and agree that FUTOPIA may, subject to the Privacy Policy, preserve any transmission or communication by you with FUTOPIA through the Services or any service offered on or through the Services and may also disclose such data if required to do so by law or if it determines that such preservation or disclosure is reasonably necessary to:

  1. Comply with legal processes.
  2. Enforce these Terms of Use.
  3. Respond to claims that any such data violates the rights of others.
  4. Protect the rights, property, or personal safety of FUTOPIA, its employees, users of or visitors to the Services, and the public.

You agree that FUTOPIA may, in its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Use or other agreements or guidelines associated with your use of the Services.

You also agree that any violation of these Terms of Use will constitute an unlawful and unfair business practice, causing permanent harm to FUTOPIA, for which monetary damages would be inadequate. You consent to FUTOPIA obtaining any injunctive or equitable relief that FUTOPIA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FUTOPIA may have at law or in equity.

You agree that FUTOPIA may, at its sole discretion and without prior notice, terminate your access to the Services. This termination may occur for various reasons, including but not limited to:

  1. Requests from law enforcement or other government agencies.
  2. Self-initiated account deletions requested by you.
  3. Discontinuation or material modification of the Services or any service offered through the Services.
  4. Unexpected technical issues or problems.

If FUTOPIA takes any legal action against you due to your violation of these Terms of Use, FUTOPIA will be entitled to recover all reasonable attorneys’ fees and costs associated with such action, in addition to any other relief granted to FUTOPIA. You acknowledge and agree that FUTOPIA will not be liable to you or any third party for the termination of your access to the Services resulting from any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access or use of the Services, including all disputes, will be governed by the laws of India without regard to its conflicts of law provisions. You agree to the personal jurisdiction and venue in the courts of Delhi,  India and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one year after the cause of action arises or such claim or cause of action will be barred. Claims made under separate terms and conditions for the purchase of goods or services are not subject to this limitation.

In the event of any controversy or dispute between FUTOPIA and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

The Services are accessible worldwide. However, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations. They may not be appropriate or available for use outside their respective geographical locations. FUTOPIA reserves the right, in its sole discretion, to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. If you choose to access the Services, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content or any product or service offered on the Services, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and FUTOPIA regarding your use of the Services, and all other written or oral agreements or understandings previously existing between you and FUTOPIA with respect to such use are hereby superseded and cancelled. FUTOPIA’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by FUTOPIA of any provision or any right it must enforce these Terms of Use, nor shall any course of conduct between FUTOPIA and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The Services may contain references or cross-references to FUTOPIA products, programs, and services that are not announced in your country. Such reference does not imply that FUTOPIA in your country intends to announce such products, programs, or services.

Feedback and Information

Any feedback you provide on these Services shall be regarded to be non-confidential. FUTOPIA shall be free to use such information on an unrestricted basis.

The information contained in these Services is subject to change without notice.