This agreement was written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: February 11, 2016
STATEMENT OF RIGHTS AND RESPONSIBILITIES
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with Fountainhead, as well as Fountainhead products and services, which we call the “Fountainhead Services” or “Services”. By using or accessing the Fountainhead Services, you agree to this Statement, as updated from time to time in accordance with Section 8 below.
Because Fountainhead provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Your privacy is very important to us. We designed our Research Policy to make important disclosures about how we collect and can use your content and information. We encourage you to read the Research Policy, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Fountainhead, and you can control how it is shared with each individual contact with a fellow student.
We do our best to keep Fountainhead safe, but we cannot guarantee it, and so we encourage you to read the Safety Policy to help you make informed decisions. Keeping Fountainhead safe requires the following commitments by you:
You will not collect users' content or information, or otherwise access Fountainhead, using automated means (such as harvesting bots, robots, spiders, or scrapers).
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not use Fountainhead to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Fountainhead, such as a denial of service attack or interference with page rendering or other Fountainhead Services functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Fountainhead users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Fountainhead, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use Fountainhead if you are under 18.
You will not use Fountainhead if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Fountainhead that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Fountainhead if we believe that it violates this Statement or our policies.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.
6. Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
7. Special Provisions Applicable to Software
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the website.
Your continued use of the Fountainhead Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Fountainhead to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 3-5, and 9-13.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Fountainhead exclusively in a court of England and Wales, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of England and Wales will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Fountainhead, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Fountainhead and are not responsible for the content or information users transmit or share on Fountainhead. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Fountainhead. We are not responsible for the conduct, whether online or offline, of any user of Fountainhead.
We try to keep Fountainhead up, bug-free, and safe, but you use it at your own risk. We are providing Fountainhead as is without any express or implied warranties. We do not guarantee that Fountainhead will always be safe, secure or error-free or that Fountainhead will always function without disruptions, delays or imperfections. Fountainhead is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
11. Special Provisions Applicable to Users Outside the United Kingdom, United States and Germany
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Fountainhead outside the United Kingdom, United States and Germany:
You consent to having your personal data transferred to and processed in the United Kingdom, United States or Germany where applicable.
By “Fountainhead" or ”Fountainhead Services” we mean the features and services we make available, including through (a) our website at www.iamfountainhead.com and any other Fountainhead branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, brands, products, services, software, devices, or networks now existing or later developed. Fountainhead reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Fountainhead or provide data to us.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Fountainhead.
By "content" we mean anything you or other users post, provide or share using Fountainhead Services.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Fountainhead or provide to Fountainhead through Platform.
By "post" we mean post on Fountainhead or otherwise make available by using Fountainhead.
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
By “Trademarks” we mean the list of trademarks provided here.
This Statement is an agreement between you and Fountainhead Wisdom Service Ltd. References to “us,” “we,” and “our” means Fountainhead Wisdom Service Ltd.
This Statement makes up the entire agreement between the parties regarding Fountainhead, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Fountainhead.
By using or accessing Fountainhead Services, you agree that we can collect and use such content and information in accordance with the Research Policy as amended from time to time. You may also want to review the Safety Policy.