Futurenet Rules and Regulations
& 1 GENERAL PROVISIONS
Futurenet Platform Operator
hereinafter referred to as the “Administrator” or “Service Provider”, and an independent and self-reliant Partner of the agreement (hereinafter referred to as the Partner, User or Registered User). The User can be every person who registers in Futurenet Platform. Registration in Futurenet Platform is free of charge. Futurenet provides its services to the Users solely based on the trade conditions described herein.
1 Futurenet is a company managing an Internet Platform designed for communication, networking and making social connections, creating blogs, making posts, posting comments, as well as for storing and sharing files by the Users with other people (Users), (Hosting). On Futurenet Platform Users can upload their own proprietary files, which can be used by other Registered Users via the Internet connection, including sharing files with other Users.
2 Futurenet is a company selling services and products online (advertising materials, hosting, disc space, online trainings, systems of winning trading partners online). The range of products may be extended from time to time.
3 Contents posted in the Portal are available to other Registered Users of Futurenet Partners; Portal’s full functionality is available to Premium Users.
§ 2 PREMIUM USER / DELIVERY AND PAYMENT CONDITIONS
1 User pays in advance and only once for the premium package at Futurenet Platform, while making a purchase of specified services and products via payment services made available by Futurenet , by bank transfer, payment codes and in other ways. Possible cancellation of the use of products and services does not entail the refund of the paid fee. In exchange for the fee paid the User obtains Media Points serving as settlement units, and a number of other additional products and services depending on the type of Premium account. The Marketing Plan includes detailed description of Premium accounts, as well as the type of products and services. The Marketing Plan constitutes an integral part of these Rules and Regulations.
2 Except for the actions listed in & 1 point 1, Premium User is authorized to attract and win other Users for the Futurenet product and services distribution.
For maintaining sales structure and taking care of new attracted Users, the User who wins them and organizes the structure receives adequate commission for the turnover of the created sales structure (Downline).
The User who, apart from dealing with direct distribution of goods and services, also creates and manages their own organization of distribution, declares that he or she has the necessary knowledge and the provisions concerning commission and bonuses related to these operations exist as long as the User reaches determined qualifications the details of which are regulated by the Marketing Plan. If the qualification is not reached in the required time period, Premium User loses the chance to receive the bonus foreseen for this period or acquires the right to receive partial payment of the bonus from the turnover of Downline structure.
3 Making a purchase of a given Product Package, the Premium User receives, among others, a fully functional and fully equipped Administrative Panel (BackOffice), which enables an up-to-date and extensive insight into his or her turnover, commissions, and other Users’ history. Additionally, Premium User will have an access to uniform websites: registration site, Landing Page, other additional quality marketing tools and other applications. Thanks to the purchase of a specific product package, the Premium User shall also receive the cyclical information on products, new products, the enterprise, as well as other information useful in business operations. Premium User has the right to participate in trainings, practices, support actions and service help offered by Futurenet
4 The delivery is made via Upload (downloading) on User’s account (online Administrative Panel) belonging to the distribution Partner, and is closed after the successful completion of the server upload process. Delivery is carried out if payment requirements according to the condition for a given payment form are met.
5 All shopping costs, unless agreed otherwise, are the costs of the Distribution Partner. It applies to physical and advertisement products offered on different markets.
5 For the above mentioned operations it is not required to win other Users.
§ 3 General conditions of concluding the agreement / Registration
1 The agreement may be concluded by individual persons of age (coming of age is determined by the law of the User’s country of origin), legal persons, partnerships and other business entities.
2 Registration is made solely online based on providing the necessary information.
4 After the successful registration, the User is given a possibility to customize the account by uploading a picture or an avatar. The above operations cannot contradict the Rules and Regulations, applicable law and good practices. As a result of the breach of the provisions of the Rules and Regulations, applicable law or social norms, the Futurenet Platform Administrator reserves the full right to remove the uploaded picture or avatar. After the completion of the above operations, the User is given an access to the full functionality of Futurenet Platform.
5 After the completion of registration process and creation of account in Futurenet Platform, the User states that he or she:
- gives his/her consent for making his/her data public by the Administrator as a part of creating and account on the Futurenet Platform, as well as for posting this data (including their image) publically in the Futurenet Platform account, and accepts the fact that access to personal data, image visible in the pictures, avatars, and also other information made public as a part of having an account may have and unlimited group of Registered Users, with the exception of the reserved confidential data (password and other data are reserved by the User in Administrative Panel);
- agrees to the processing by the Futurenet Platform Administrator, now and in the future, of all personal data saved during the registration for the purposes of providing services available on Futurenet Platform by the Futurenet Platform Administrator. He or she agrees to transmit data saved by the Futurenet Platform Administrator during the registration to commercial partners for their use in marketing and advertising operations. The Futurenet Platform Administrator ensures that these entities will process data in accordance with applicable law, and also that the Registered User will have access to review, edit and delete their data.
6 Futurenet reserves the right to reject the registration application of a User at their own discretion and with no justification.
§ 4 ADVERTISEMENT
1 For advertising purposes the user is provided with Internet links which direct to one or more personalized Homepages or one of many subsequent subpages – Landing pages. This guarantees that an application on the site may be automatically assigned to the User as the recommending or advertising party. In order to inform third parties (interested persons) about services and trade possibilities of Futurenet , the company shares a trade presentation to the User.
2 All advertising instruments that are free of charge and were shared by Futurenet may be withdrawn at any time.
§ 5 BONUSES, COMMISSION AND FEES
1 The amount of commission for Registered Users and Premium Users is based on the applicable marketing plan. Commission claims shall refer to the actual turnover. A decisive moment is the time of payment in Futurenet Cancelling, withdrawal or termination of the agreement are taken into account for the next settlement and deducted respectively.
2 The Bonuses for Premium Users are settled immediately, in real time, with the exception of Social Bonus (settled on a weekly basis) and Webinar Speaker Bonus (settled on a monthly basis). For each payment of commission a flat-rate fee in the amount of 4.00$ is deducted from the User.
Social Media Bonus based on the payments for advertisements is paid to Users in one-day cycles. Bonus is calculated on the basis of algorithms calculating User’s activity on Futurenet Platform.
3 Commission settlement is made available to the User and chronologically archived in his or her Administrative Panel (BackOffice) protected with password. Any arising complaints or oppositions shall be immediately submitted within 2 weeks after the settlement has been made available at the latest, in writing to the following e-mail address: firstname.lastname@example.org. Otherwise the settlement will be deemed accepted. In the case of more than 2 unjustified complaints, Futurenet is authorized to calculate adequate fee for the consideration of subsequent complaints.
4 Commission is paid via nstp of Neteller, EgoPay PerfectMoney services or via bank transfer to the bank account indicated by a Distribution Partner. (Futurenet allows for the possibility to introduce additional options of trade commission payments in the future). If a bank account has not been indicated or the indicated one is no longer valid, as a result of which payments made there are transferred back, the User shall incur all costs and expenses related thereto. Transfer fees which arise in the case of making transfers to the countries outside the EU (countries not belonging to SEPA zone) shall be incurred by a Distribution Partner and are settled together with commission claims.
5 Assignments and pledges of User’s claims resulting from this Agreement are excluded. It is forbidden to encumber the agreement with the the rights of third parties.
6 Commission claims for the amounts below the minimum amount of payment of 100,00 $ will not be cashed out. In the case the minimum payment amount is not reached, commissions will be hold on the trading account managed by Futurenet for the User, and will be cashed out to the User after the minimum amount payment has been reached. The User has the right to generate registration codes in the Administrative Panel and sell them to third parties.
§ 6 USER’S OBLIGATIONS
1 Each Registered User agrees to use Futurenet Platform for its intended purpose, in accordance with applicable provisions of law, social and moral norms, as well as with the provisions hereof.
2 The User is obliged to protect his or her personal passwords and logins from third party access. If User’s data, including his or her address, bank and communication information, changes, it may be updated any time by the User in his or her own Administrative Panel (Profile, BackOffice).
3 The User is not allowed to breach the rights of third parties, to pester third parties or breach the applicable law for the whole term of their membership in Futurenet. In particular, it is also prohibited to distribute unwanted advertisements via e-mail, fax or text messages (Spam). Any abuse or undertaking illegal operations e.g. using unlawful or unfair advertising is forbidden. It is especially forbidden to provide incorrect, false or misleading information about products and distribution system of Futurenet The User is forbidden to advertise the sources of income or reveal information on his or her commission relating to third parties, especially in relation to already undergone advertising actions.
4 The User operates as a sole trader. He or she is not an employee or a trade representative, but a Distribution Partner, for whom there are no guidelines regarding turnover or obligation of delivery.
Moreover, the User is not subject to any instructions on the type or place of work, work load or the scope of his or her business activity as an entrepreneur. As a sole trader, the User is solely responsible in his or her own name for complying with the applicable statutory provisions, including tax regulations and social and legal requirements, as well as for the acquisition of authorization to run a business, if necessary.
5 Confidentiality obligation: the User is obliged to maintain the absolute secrecy of company information of Futurenet and other related companies in the group, as well as the information on their structure. The company information also includes, among others, apart from the Downline structure, the names and addresses of distribution partners and clients of Futurenet This obligation shall also apply after the termination of this agreement.
6 All materials for presentations, advertising, training, and film materials, etc. of Futurenet are protected by copyright. However, they may be reproduced, distributed, made available to the public, or prepared after adding the information “Independent Partner, User or Premium User of Futurenet Platform”.
7 Using Futurenet ’s mark(s) (logo), brand names, titles of works, and trade labels is allowed after adding the information “Independent Partner, User or Premium User of Futurenet Platform”. This also applies to the registration of Internet domains, which include the name of Futurenet or brands, titles of works and trade names in all spelling forms.
In individual cases Futurenet may request that Internet domains which include the Futurenet ’s name, brand names, titles of works and trade names were deleted and/or transferred to Futurenet or modified. The costs of the acquisition of the domain by Futurenet shall be incurred by Futurenet
8 The User may not make an impression in trade relations or in contacts with other Users, that he or she has been commissioned to act or acts on behalf of Futurenet What is more, the User is obliged to introduce him- or herself as an independent Partner (User) of Futurenet Platform. The User who uses his or her own presentations bearing Futurenet ’s logo is required to label his or her materials with: “Independent Partner, User or Premium User of Futurenet Platform”.
Websites, letterhead paper, business cards, labels on the car, advertisements and advertising materials and so on shall be labeled with: “Independent Partner, User or Premium User of Futurenet Platform”. It is forbidden for the User to file credit applications or take loans, make expenses, liabilities, create bank accounts, conclude other agreements, or file binding declarations of will on behalf of Futurenet
9 The User is not allowed to express negative, degrading or unlawful opinions on competitive companies or Futurenet in business relations, as well as to express negative, degrading or unlawful opinion on the mark or services of competitive companies or Futurenet , and also to use such negative, degrading or unlawful opinions in order to win the Users of competitive companies or other entrepreneurs.
10 The User is not allowed to answer press enquiries regarding Futurenet , its products, marketing plan, or remaining services. The User is obliged to immediately forward all press enquiries to Futurenet
11 The User is forbidden to sell the goods at a price below the recommended one, to resale them personally or via third parties.
12 Each User, when posting any content, agrees to name all hosted files and describe them in accordance with their actual content.
13 Each User is obliged to use Futurenet Platform without violating the reputation and interests of Futurenet, particularly in a way that infringes the rights of other Users.
§ 7 USER’S PROTECTION / LACK OF TERRITORIAL PROTECTION
1 Premium User who successfully recommended a new Premium User on Futurenet Platform wins that Premium User for his or her distribution structure.
2 Futurenet is authorized to delete last name, addresses and any other data of the User from its system, if the e-mails or letters are returned with the note “recipient unknown”, “recipient died”, “not received/accepted”, “unknown” or similar, and if the Premium User (Sponsor) who introduces and recommends the new User does not correct data errors within a specific time.
3 The User is not entitled to any claims resulting from territorial protection.
§ 8 USING THE PLATFORM – HOSTING
1 As a part of the Service, the Service Provider renders a service of providing access to Futurenet Platform for the purposes of storing data by Users. The Platform is also intended for the Users to post in folders in the files on their accounts, which can be used by other Users.
2 Uploading a file on User’s account, the Futurenet Platform User is fully responsible under the law and these Rules and Regulations for issues relating to the possible distribution and storage of this file or the breach of copyrights.
3 Each registered account on the Futurenet Platform shall be used in an active way, at least once every 6 months with a log in of the User. If in the period of 6 months (180 days) the User does not log in, the Service Provider reserves the right to delete the account.
4 Users can write posts on Futurenet Platform or on accounts of other registered Users, and post releases, comments, likes, photos, files, memes, and other materials with a name and description of their content.
5 The Administrator does not interfere in the content of comments and materials stored on Users’ accounts, unless their content is reported by other Users as a content which infringes the provisions of these Rules and Regulations.
6 A User may withdraw from using Futurenet Platform at any time. The User has the right to demand that all his or her data were deleted, by sending a request from his or her account to the Administrator’s e-mail address, asking to delete his or her data from Futurnet Platform.
§ 9 USING FUTURENET PLATFORM
1 Futurenet Platform allows the Users to store files and contents being their property and share them with other Users. The User is fully responsible for the origin of the files and contents that he or she stores and shares.
2 Downloading any file or any other content belonging to other User, placed in public folders and shared by the User functions as an agreement concluded between the User owning the contents and the User downloading the file with an intention to use this file or other content. Futurenet Platform Administrator is not a party of this agreement and shall not be responsible for any issues resulting from the conclusion of this agreement, its execution or the lack of execution with regard to the parties thereof or third parties.
3 The User may use the content or files of other Users through downloading and saving the content on his or her data medium, or playing it for his or her own use. Downloaded file is available and visible only for the User who has downloaded it.
4 Any attempts to avoid the system of non-authorized file sharing by the User, or to reload the file included in this system may result in the liability for the breach hereof, and also in criminal or civil responsibility for illegal distribution of files.
§ 10 PLACEMENT OF MATERIALS, FILES, FOLDERS, COMMENTS
1 Posting a comment or any materials, content, file within the framework permitted in Futurenet Platform, the User declares that they are free from legal defects and third parties claims. The User states that he or she has all rights allowing to upload the contents, including the proprietary copyright, including the right to publish and distribute the materials online, as well as that he or she has the right to use the image of third parties, and that these rights are not limited in any way in favor of another third person.
2 Registered User shall bear full and unlimited responsibility for all published contents, posts, comments, and all other materials, files stored (hosted) on Futurenet Platform, pictures and avatars, which the User has uploaded to the Futurenet Platform.
3 Registered User shall bear full and unlimited responsibility for the configuration of his or her profile/account in a way allowing other Registered Users to add posts, comments, files, pictures and other content in his or her profile. If according to the Registered User the published texts, post, comments or other content infringe the law, provisions hereof, express racist opinions, violate personal rights, copyrights or good practices, the User can notify the Administrator by clicking Settings button, and selecting Report as spam/abusive.
§ 11 ORDERS AND PROHIBITIONS
1 Futurenet Platform Rules and Regulations forbid the Registered User to: publish, store, and distribute through their account on Futurenet Platform, the files, folders or other content to which the User does not hold copyrights, which he/she is not authorized to publish or distribute in the Internet. It is forbidden to publish in statuses, posts or in any other way make available on Futurenet Platform the content of private “Rules and Regulations”, “agreements” or information on disclaimers regarding one’s own or other Users’ responsibility in any way.
2 Futurenet Platform Rules and Regulations forbid the Registered User to store, publish, distribute files, posts, materials, audio and video recordings, pages, tests, graphics, etc. that include unlawful contents, pornographic materials involving children and animals, general type pornographic materials, content presenting violence. It is forbidden to store, publish and distribute the files, texts, contents and other materials promoting computer and phonographic piracy, sharing the information on techniques of breaking data protection, Trojans, viruses, bugs, and all other publications similar in their content and function.
3 Futurenet Platform Rules and Regulations forbid the User to store, publish, distribute the files, posts, materials, audio and video recordings, pages, texts, graphics, etc. that promote Nazism, fascism, other criminal ideologies promoting hatred based on race, ethnical origin, religion or on any other reason.
Futurenet Platform Rules and Regulations forbid the User to store, publish, distribute the files, posts, materials, audio and video recordings, pages, texts, graphics, etc. that violate generally accepted moral and social norms, as well as including drastic content.
4 Futurenet Platform Rules and Regulations forbid the User to create accounts and upload files with names including words generally commonly recognized as vulgar, offensive and violating generally accepted social norms and morality. This ban also applies to the descriptions of accounts, profiles, folders, posts, nicknames, files, comments, and in particular to those that breach the provisions of law.
5 Futurenet Platform Rules and Regulations forbid the User to undergo “hacker-like” actions, aiming at exposing Registered Users to property damage and loss of personal property by reading the passwords of other Users and in particular placing on the Platform files and content containing any personal information about other people.
6 Futurenet Platform Rules and Regulations forbid the User to upload on the Futurenet Platform codes, executables, scripts, viruses, and other files that may expose Futurenet Platform to material losses, and in particular, those that can interfere with the functioning of the server, links or websites (accounts) assigned to Registered Users.
7 Futurenet Platform Rules and Regulations forbid the User to download the files from Futurenet Platform in a manner that violates the instructions and goes beyond the normal procedure in the operation of the Platform Futurenet.
8 It is forbidden to intentionally overload the server that supports Futurenet Platform through generating artificial traffic on the Platform. Also other activities that go beyond the normal use of the Platform Futurenet are forbidden. Do not attempt to artificially position the popularity of posts, files, accounts, content in all sorts of popularity or activity rankings operated by Futurenet Platform.
9 Futurenet Platform Rules and Regulations forbid the User to share the account with other Futurenet Platform Users, to make paid transfer of the copyrights to the account on Futurenet Platform, as well as any other form of paid release of the whole account or its parts.
10 Futurenet Platform Rules and Regulations forbid the User to infringe these Rules and Regulations, and also to facilitate, promote or encourage infringing and avoiding the provisions hereof, and in particular to intentionally benefit from such actions.
- Unlawful collection of personal information.
- Processing personal information collected at variance with the law on personal data.
- Sharing data with unauthorized persons, contrary to the provisions governing the rules for the protection and processing of personal data.
§ 12 LIABILITY
1 Registered User assumes all responsibility for respecting copyrights and other rights related to publishing, storage, distribution and other forms of use of their files stored by the User on the Futurenet Platform.
2 At the time of claims by third parties arising in relation to the Futurenet Platform Administrator for breach of any of their rights by the materials stored, published, made public by the User under any available Futurenet Platform portal functions, the User agrees to join the case in place of the Futurenet Platform Administrator and will assume the full cost of any legal proceedings, attorneys' fees, and fees awarded or agreed by way of settlement of claims.
3 In the event of unauthorized access or attempted unauthorized access, the Service Provider shall be entitled to charge a penalty satisfying the incurred losses and to decide on the immediate expulsion of the User from Futurenet Platform.
4 Violations of the provisions hereof may, at the discretion of the Service Provider, result in a warning, total blockage of an account, limitation of User’s ability to use certain services, deleting all files or files that breach the provisions hereof, and also in deleting the account and User profile, including all the collected files on it. If the User has taken actions that are not prohibited by the provisions hereof, but will be considered harmful or undesirable, according to the evaluation of the Service Provider, the Service Provider can notify the User via e-mail, calling for the immediate cessation of such actions.
No response and failure to immediately meet the requirements of the Service Provider is a violation of the provisions hereof by the User.
§ 13 DISCLAIMER
To the extent permitted by law, the Service Provider's liability for the following shall be excluded:
1 Any damage caused by the way in which the Users use the Futurenet Platform, where such actions of the Users are not within the normal use of the Service in accordance with its intended purpose.
2 Any steps taken in relation to the Registered User in connection with the violation of any laws, in particular, infringement of copyrights or these Rules and Regulations; in the case of such activities the Service Provider reserves the right to take an action without incurring any liability for blocking access to the account of other Users, deleting individual or all files, complete blockage of the profile (account), restricting the use of certain services and functions of Futurenet Platform or deleting the account and all the files stored on it.
3 Any damage suffered by the User resulting from improper sharing of published materials, posts, content and files.
4 Futurenet is not responsible for any damages of any kind which arise as a result of loss of data on servers of Futurenet Platform, except for the situation where the damages result from gross negligence or willful fault of Futurenet , its employees or agents.
5 Any results of the acquisition of the access password to the User’s profile (account) by Third Parties, if this situation was due to the fault of the User (as a result of revealing the password to Third Parties).
6 The release of the password and data to authorized persons under the applicable provisions of law.
7 Immediate removal of one or more files shared by the User, as well as the entire account, without notice, in the event of infringement of the provisions of these Rules and Regulations, after which the User will receive justification by email.
- Removal of some or all of the files contained in the Service in an emergency situation.
- The total stop of providing free services, after informing the User on the Website.
8 Any damage caused as the result of force majeure.
9 Temporary shutdown without notice.
§ 14 TERM AND TERMINATION AND THE CONSEQUENCES OF TERMINATION / USER’S DEATH
1 The agreement is concluded for an indefinite period. The User can terminate the agreement in a usual way, at any time, using the available function "Sign Out the Account”.
2 The agreement ends with the death of the User at the latest. The agreement may be inherited according to statutory prerequisites. The heir(s) must sign a new agreement within 6 months, through which the heir assumes the rights and obligations of the deceased. Death must be confirmed with a certificate of death. If there is a will of inheritance of the Membership Agreement, it is necessary to submit a notarial certified copy of the will.
If no heir(s) are reported, after a six-month period all rights and obligations under the agreement are transferred to Futurenet.
As an exception, the six month period shall be extended for an appropriate time if in a single case the time period is disproportionately short for the heir(s).
3 Futurenet reserves the right to terminate the agreement for an important reason in an extraordinary manner. An important reason for this agreement is a flagrant violation of the provisions hereof. The right to extraordinary termination does not infringe further claims. The extraordinary termination must be communicated in writing within one month after finding that there was a reason for an extraordinary termination.
4 In the case of extraordinary termination of the agreement by Futurenet the User is not entitled to any claim for reimbursement for the purchase of the package of services and products, unless the User terminates the contract in the extraordinary manner for an important reason.
5 Together with the termination of the agreement, the User shall not be entitled to commission and shall have no claim for compensation of a sales representative, because the User is not a sales representative within the meaning of the Commercial Code.
§ 15 CLAIMS LIMITATION PERIOD
Any claims resulting from the relationship formed with this Agreement shall expire for both Parties to the agreement within 6 months. The limitation period begins with the maturity of the claim or the time of the loss or damage recognition.
§ 16 TRANSFER OF THE COMPANY / PARTNERSHIP STRUCTURE / SHARES.
1 Futurenet reserves the right to transfer the company [enterprise] in whole or in parts to third persons, if the legal successor follows the statutory provisions, as well as binding agreements.
2 Premium User is entitled to transfer its distribution structure. The transfer of the distribution structure is possible only to persons who at the time of the transfer are not Premium Users of Futurenet The Users are not permitted to transfer or purchase distribution structures.
§ 17 MARKETING PLAN
1 The Marketing Plan, including directives and guidelines contained therein, constitutes an integral part of the Agreement. The User is obliged to continuously comply with these guidelines in the currently applicable version.
2 When submitting the registration online, the User ensures that he or she has read and understood the marketing plan and accepts it as a part of the agreement.
§ 18 SPECIAL OFFERS
Futurenet will offer special offers at certain time intervals. Such special offers are planned in such a way as to further motivate and encourage honest and hardworking users to work closely together. In the case of obvious manipulation of necessary guidelines concerning the turnover, Futurenet reserves the right to grant a lower kind prize, a cash prize, or, if necessary, to decide on the exclusion of a User from the special offer.
§ 19 AMENDMENTS TO THE RULES AND REGULATIONS
1 Futurenet has the right to change the general Rules and Regulations without justification. Futurenet will notify the Users about the changes in the Management Panel (Profile, User’s Back Office) in a timely manner at least one month in advance. The User has the right to object to the change. If there is no objection to the amended provisions during one month after their announcement, these provisions will become an integral part of the agreement. In the case of objections and disagreements with the Futurenet , the company has the right to terminate the agreement at the time when the amended or supplemental Rules and Regulations shall enter into force.
§ 20 FINAL PROVISIONS
1 No legal grounds or incompleteness of any of the clauses of the General Conditions does not mean that the entire agreement is null and void. The clause without legal basis should be replaced by the one that has a legal basis and its meaning, in terms of its content, is most suited to the amended clause. The same applies to the gaps for which it is necessary to provide applicable regulations.
3 Please send any information on violations by the Users of these Rules and Regulations to the following e-mail address: email@example.com Reports on violations can also be submitted using appropriate forms of contact available on the Futurenet Platform.
Rules and Regulations enter into force on 01-12-2014