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Terms of Service

1. Introduction

By logging on to Foundum, Members accept the following General Terms and Conditions (hereinafter the “GTC”) for using Foundum.

Foundum S.L. operates Foundum services under various top-level domains (Foundum.com, Foundum.de etc.), as well as various sub-domains and aliases of these domains. All websites on which Foundum provides Foundum Services are hereinafter referred to as “Foundum Websites.”

These GTC shall govern the contract relationship between the Member and Foundum, irrespective of which Foundum Website the Member is registered with or logged on to. The Member enters into this agreement on the use of Foundum Services with Foundum S.L., NIF B65160392. Additional contact information can be found under our “Contact Page”. The services provided by Foundum are intended exclusively for persons of legal age.

2. Scope

2.1 The Foundum Websites offer registered Members two options: a) a free private limited profile (Membership in the free limited profile is hereinafter referred to as “Free Membership”), and b) a private paid full profile (Membership in the paid full profile is hereinafter referred to as “Premium Membership”).

IMPORTANT NOTICE: At the beginning all “people” profile Members get the Premium profile for free. These Premium profiles will be chargeable at a later stage, once the basic profile (free of charge) will be introduced.

2.2 Any use of the services and contents offered on the Foundum Websites beyond the scope of options provided by Foundum requires the prior written consent of Foundum.

2.3 Foundum shall only make data and/or information provided by the Member available for other uses provided that this data and/or information does not violate any laws or these GTC. Foundum is entitled to remove any illegal or prohibited data and/or information from Foundum Websites without prior notice to the Member.

2.4 The User/Member acknowledges and agrees that it is technically impossible to achieve 100% availability of the Foundum Websites. Foundum shall nonetheless endeavor to keep Foundum Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Foundum's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Foundum Websites. Thus Foundum cannot be held responsible in such case.

2.5 Foundum merely provides the User/Member with a platform on which to establish contact with other Members and use databases, and only provides those technical applications that allow Members to contact one another. With regards to content, Foundum does not take part in any communication between Members. If Members enter into agreements with one another over Foundum Websites, Foundum shall not be a contracting party to these agreements. The Members alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. Foundum shall not be held accountable if Members are unable to contact one another over Foundum Websites. Furthermore, Foundum shall not be liable for breaches of duty in relation to agreements entered into between Members.

2.6 Foundum reserves the right to select only a few appointed Members who are permitted to post events on Foundum Websites. Foundum solely defines the Members and shall not be liable for excluding other Members.

Foundum shall merely act as intermediary in the case of agreements entered into with partners.

These partner offers are subject to the General Terms and Conditions and the privacy policies of the respective partner companies, which carry out the complete transaction themselves and are a party to an agreement with and serve as the contact for the Member.

3. Services

3.1 Description of Services. Foundum makes available the Platform for professional networking and collaboration allowing professionals and organisations, regardless of their legal form, (“Members”) to create their own profiles where they can share information about their persona, startup, history, and activities ("Profiles"). While some Profile information may be available to any visitor, access to certain features of the Platform and Services is limited to Members and the founders and associates it designates (“Members”).

3.2 Modification of the Platform or Terms of Service. Foundum reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Platform and Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective after Foundum has notified the Members of changes. If any modified terms and conditions are not acceptable to the Member, the Member’s sole remedy is to cease using the Platform and Services, and if applicable, cancel his/her Foundum account. By continuing to access or use the Site and Services after Foundum has notified of the changes, the Member agrees to be bound by such changes.

4. Content

Certain types of content are made available through the Platform. "Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Platform, excluding Member Submissions.

The Content and design of the Platform and any material e-mailed or otherwise supplied in conjunction with Services are copyright of Foundum and its licensors. Members may not use or reproduce or allow anyone to use or reproduce any Content for any reason without written permission from Foundum, except as expressly allowed under these Terms of Service. The software that operates the Platform is proprietary software and may not be used except as expressly allowed under these Terms of Service.

"Member Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files and other content and information which Members stream, post, upload and otherwise submit to the Platform, including without limitation the Member created profile pages. Foundum reserves the right to remove and permanently delete any Content or Member Submissions from the Platform without notice. Foundum will fully cooperate with any law enforcement authorities or court order requesting to disclose the identity of anyone posting, publishing or otherwise making available any Member Submissions, emails or other materials that are believed to violate the laws or these Terms of Service.

5. Registration

In order to register for a Membership, Members must apply for registration by completing the registration procedure on the Foundum Website. By completing the registration procedure, the Member consents to enter into this agreement to use the Services and Foundum accepts this offer by activating the Member’s Membership and personal account.

5.1 The Member guarantees and represents that the Member has fully and truthfully submitted the information required by Foundum for registration and does not use pseudonyms or nicknames. The Member shall keep data in the Personal and/or Organisation profile up-to-date, in particular any changes to the e-mail address. The Member shall ensure that Foundum can establish contact with the Member via the contact details provided in the Personal and/or Organisation profile on the Foundum Websites at all times.

5.2 Foundum reserves the right to refuse registration of any Member for any or no reason.

5.3 The member agrees to be susceptible to Foundum Newletters.

5.4 The Member hereby confirms that the Member is of legal age at the time of registration and has not already registered with Foundum, i.e., only maintains one (1) Member account.

5.5 During registration the Member must define a password, which the Member will use to identify himself/herself in order to access the Website(s), the Services, and the Member’s Personal and/or Organisation account. The Member is responsible for keeping the password secret and preventing other persons from accessing the accounts via this password. The Member agrees to notify Foundum of any unauthorized use of the password or account or any other breach of security immediately through the contact form available on each Foundum Website under “Contact us”. The Member promises to immediately inform Foundum if there is any indication that the password is being used by third parties. Foundum will not be liable for any loss or damage arising from the Member’s failure to comply with this section.

5.6 In so far as the Member is in breach of the obligations agreed in this section, Foundum shall be entitled to terminate this agreement with immediate effect, to block the Member’s account and/or to prevent further use of the Services and the Website(s) by the Member.

6. Member’s Obligations

The Member is obliged,

6.1 To provide only true and non-misleading statements on the Personal and/or Organisation profiles and in communications with other Members, and to refrain from using any pseudonyms or pen names.

6.2 To post on the Foundum Websites only photographs of the Member in which the Member can be clearly and plainly recognized and/or official Organisation logos. The Member warrants and represents that the public display of the photographs delivered by the Member to the Foundum Websites is not prohibited.

6.3 To comply with all applicable legislation, and respect all third-party rights. In Particular, the Member shall not

- Use any insulting or defamatory contents, regardless of whether said contents are directed at another Member or Foundum personnel or other companies.
- Use any pornographic or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors.
- Unreasonably annoy (particularly with spam) any other Member.
- Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
- Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).

6.4 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:

- Sending chain letters
- Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or
- Communicating in any insinuating or sexual way (suggestive or explicit).

6.5 The Member is prohibited from the following:

Employing any mechanisms, software or scripts when using Foundum Websites. However, the User/Member may use the interfaces or software provided by Foundum within the scope of the services available on the Foundum Websites.

Blocking, overwriting, modifying and copying of any contents of the Foundum Websites, unless said actions are necessary for the proper use of the services on the Foundum Websites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.

Distributing or publicly disclosing the contents of any of the Websites of Foundum or any other User.

Performing any actions, which may impair the operability of Foundum's infrastructure, particularly actions, which may overload said infrastructure.

7. Liability

By accepting this Terms of Service agreement, the you agree that Foundum is not responsible for any damages to any party as a result of using the services provided by Foundum. Foundum reserves the right, but is not obligated, to screen the content that is posted on the Foundum website for any abusive, false, unreliable or other unacceptable material. However, we cannot guarantee that Users will not find such material on this site. We rely a great deal on the Foundum User base to help protect the standards and integrity of the Network. Please report any such offenses to Foundum so that proper action can be taken. We reserve the right, but are not obligated, to terminate any accounts that are in violation of this Terms of Service Agreement or any other policies that our company maintains. We hold no responsibility for ANY damages caused for any reason to Users of our services or to other parties. In addition, Foundum is not responsible for malfunctioning features or services that may hinder your use of Foundum or its offerings or cause damages to any party. We will do our best to provide a fully functioning service with complete integrity at all times, but this cannot in any way be guaranteed. Foundum will not be held responsible for the actions of other Users on the Network or outside parties that disrupt the normal functioning of the network.

8. Termination of Agreement

The Member may terminate the Free Membership at any time without a cause. The Member may deliver notice of termination using the “Contact us” form available on all Foundum Websites at any time. The termination notice shall include the Member’s and/or Organisation’s registered name and an email address of the Member registered on one of the Foundum Websites. On the other hand Foundum may terminate the Membership with the Member in any case of a “good cause” committed by the Member.

8.1 A good cause is defined as an event which makes it unacceptable for Foundum to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Foundum against the Member's. A good cause includes any the following events:

o If the Member fails to comply with any applicable legal provisions
o If the Member breaches a contractual obligation laid out in the GTC.
o If the reputation of the services offered on the Foundum Websites is substantially impaired by the online presence of the Member (if, for example, it is discovered after registration that the Member has been convicted of a criminal offence, and if said conviction is known to other Users);
o If the Member promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
o If the Member causes harm to any other Member(s)

8.2 In the event of a good cause in accordance with section 8.2 and notwithstanding Foundum's right to terminate the contract in accordance with section 8.2, Foundum is entitled to:
- Delete the contents posted by the Member
- Delete the Member’s profile
- Issue a warning, or
- Block the Member's access to the services on the Foundum Websites.

9. Indemnity

The Member shall indemnify and hold Foundum harmless and not accountable for claims for breach of third-party rights for which the Member is responsible or any damage, which is caused by a breach of any contractual obligations by the Member. The Member shall in particular indemnify and hold Foundum harmless and not accountable for claims by third parties resulting from any illegal acts by the Member, in particular with respect to Contents provided by the Member infringing third-party rights or otherwise Illegal Content. In so far as such infringement of rights result in court proceedings, the Member shall also bear the costs incurred by Foundum as a result, in particular court and attorney costs.

10. Data Protection

Foundum recognizes that any data provided by the Member to Foundum is extremely important to the Member, and Foundum shall therefore be particularly sensitive in handling such data. Foundum shall comply with all applicable legal provisions regarding data protection (Spanish Data Protection Agency, European Data Protection Directives and any other applicable data protection legislation, Spanish Data Protection Agency). In particular, Foundum shall not provide or otherwise disclose any personal data of the Member to any third party without authorization. Details on Foundum's treatment of the Member's data are set forth in the Data Protection Policy of Foundum accessible from each of the Foundum Websites.

11. Third Party Links

The Platform may provide links to third party websites or resources from the Platform. You acknowledge and agree that Foundum is not responsible or liable for the availability or accuracy of, and Foundum does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

12. Miscellaneous

Unless otherwise stated in these GTC, the Member may submit all notices to Foundum by email or letter. The complete contact details of Foundum can be found on each Foundum Website under “Contact us”. Foundum may send notices to the Member by placing a notice in the Member’s personal inbox on the Foundum Website, email, or letter to the addresses given in the Member’s current contact data in the Member and/or Organisation accounts.

12.1 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

12.2 The place of performance under these GTC shall be Foundum’ main place of business.

12.3 Place of jurisdiction, insofar as legally admissible, shall be Barcelona, Spain. This shall not impair any consumer jurisdiction forum competent for a dispute.

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