Terms and conditions

 

This website (www.fuga.com) is offered to you by FUGA, doing business as Independent IP BV, Prinsengracht 583-IV, 1016 HT, Amsterdam, the Netherlands

1. Acceptance of Terms of Use

By accessing or using this website you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this website. If you do NOT agree to all of these terms of use, you should NOT access or use this website.

2. Modification of Terms

These terms of use may be amended by FUGA at any time. Such amended terms of use shall be effective upon posting. By continuing to access or use the website after such posting, you will be deemed to have accepted such amendments. You are advised to regular review any applicable terms and conditions. Other FUGA websites or platforms may have their own terms of use which apply to such website or platform.

FUGA reserves the right to discontinue or make changes or updates with respect to the website or the content of the website at any time without notice. FUGA reserves the right to restrict, refuse or terminate access of any person to the website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Privacy Policy and Cookies

Personal information provided or collected through or in connection with this website shall only be used in accordance with FUGA’s Privacy Policy and these terms of use are subject to the Privacy Policy as posted on this website.

4. Disclaimers

All content (including, without limitation, text, images, graphics, links and other materials) on the website is provided “as is” and “as available”. FUGA and its subsidiaries, affiliates, partners, licensors and suppliers hereby expressly disclaim any representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this website, the content. Neither FUGA nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representation that (a) the website will meet your requirements, (b) the website will be uninterrupted, timely, secure, or error free  or virus free or (c) the results that may be obtained from the use of the website (including any information and materials on this website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public website. You should have no expectation of confidentiality with respect to any content you may submit on this website other than as stated in the Privacy Policy. Do not submit confidential information here.

5. Contributors

You shall be solely responsible for your own content and the consequences of submitted the content to FUGA.

6. Limitation of Liability

FUGA nor its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruption or omissions in internet, network or hosting services and do not warrant that the website or the services which make this website available or electronic communications sent by FUGA are free from viruses or any other harmful elements. In no event shall FUGA or any of its subsidiaries, affiliates, partners, licensors or suppliers be liable for any direct, indirect, consequential, punitive, special or incidental or other damages resulting from, arising out of or in connection with the access, use of, or inability to access or use this website, the content, even if FUGA has been advised of the possibility of such damages except to the extent such damages arise directly and solely from wilful misconduct or gross negligence on the part of FUGA.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers or warranties in clause 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.

7. Third Party Content / Software

FUGA is not responsible and cannot be held responsible for the content of any site owned by a third party that may be linked to the website via hyperlink, whether or not such hyperlink is provided by the website or by a third party in accordance with the terms of use. Any link on our website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the website may link, and we take no responsibility therefor.

The website may contain links to other sites and these links are provided “as is”. FUGA is not responsible for these sites and assumes no responsibility or liability for these sites and the content published thereon. You should carefully review the terms of use and privacy policy as well as other conditions of use of these third party sites.

8. Copyrights and Trademarks

Copyright and all other proprietary rights in content provided by FUGA, its affiliates, subsidiaries, partners or suppliers, the software to operate and publish the website, the design, layout, look, appearance and graphics, all belong to FUGA and/or its affiliates, subsidiaries, partners or suppliers. All rights in the content not expressly granted herein are reserved.

FUGA is a registered trademark.

The use and registration of FUGA is exclusively reserved to our organisation. You may not register nor use a company name, statutory name, tradename, domain name or other name, indication or description, of which FUGA name or any name similar thereto or any name which consists of a part of the FUGA name forms part nor shall it include any other registered trademark owned by FUGA or its subsidiaries and affiliates.

9. Proprietary Rights in the Website

This website is public by nature and any information submitted on it shall be deemed non-confidential other than personal data submitted by you to us as set forth in the Privacy Policy. You acknowledge that any submitting of any inventions embodied in any content provided by you shall constitute a “publication” of such invention under applicable patent laws. You acknowledge that any content submitted or discussed on the website may be the subject of patents, copyrights, trademarks and other intellectual property rights of FUGA, its subsidiaries, affiliates, partners or suppliers. If you consider exploiting any ideas, proposals, suggestions or solutions or other content submitted to the website, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

10. Indemnity

You agree to indemnify and hold FUGA, its officers, directors, shareholders, successors in interest, employees, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against FUGA by any third party due to or arising out of or in connection with your use of the website.

11. Dispute Resolution

These terms of use shall be governed by and construed in accordance with the laws of the Netherlands. You agree to the exclusive jurisdiction of the courts in Amsterdam, the Netherlands, for any disputes, claims or cause of action arising out of or in connection with these terms of use or your use of this website.

12. Miscellaneous

If any provision of these terms of use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. No failure on the part of FUGA to enforce any part of these terms of use shall be constitute a waiver of any of FUGA’s rights under these terms of use and only a specific, written waiver signed by an authorized representative of FUGA shall have any legal effect whatsoever.

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