Use of and membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older (if you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use the Platform); and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
2. The Services
2.1. Subject to full compliance with this Agreement, Fourier shall provide certain services, as described more fully on the Platform ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing, linking, downloading, licensing and purchasing of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"), as further specified below.
2.1.1. einstein™ Activity Maker
(a) Creation. Fourier shall avail you, under the Platform, to an online web based or application based Content creation services, where you can create Content and edit it.
(b) Exporting Content. You shall be granted the permission to save your created Content in a mobile and executable version. When doing so, Fourier grants you a personal, non-assignable and non-sublicensable license to use the exported APK, IPA or other similar file created using the Platform. Please note that nothing in these Terms grants you the right to distribute the Content you create to third parties apart from through the Store or other platforms and distribution methods created for this purpose by Fourier, as further provided below.
(c) Premium Modules. Fourier shall avail you with an interface to license premium content and modules, such as sounds, images, source code or other technological features for the Platform. Such models may be priced and carry a fee, as detailed by Fourier from time to time. If you choose to implement any module in your Content, you may do so by the terms set forth in the module itself or otherwise in the Platform.
(d) Distribution. Should you wish to distribute your Content through the Store, Fourier may (but shall not have the obligation to) distribute your Content, as further provided below.
2.1.2. einstein™ Store
(a) Access to Content. You may use the Store to browse, locate, and/or download Content. Some of this Content may be offered by Fourier while others may be made available by third-parties not affiliated with Fourier. You agree that Fourier is not responsible for any Content on Store that originates from a source other than Fourier, and hereby irrevocably release Fourier from any liability in connection therewith.
2.2. Please note that part of the Services (or special features) may be provided only to users who subscribe for such Services and Fourier may charge fees for such Services. The Services are provided by Fourier AS IS and Fourier assumes no responsibility for any failure in providing the Services to the users. Unless otherwise specifically specified herein, Fourier may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Further, unless otherwise specifically specified herein, Fourier may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability, and may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Fourier product or image or webpage including such which have been created by users unless stated otherwise.
3.1. In order to access some features of the Platform, you will have to create an account. You may never use someone else's account without permission of such third party. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
3.2. Due to the sensitivity of your use of the Platform (including the information stored on your behalf on the Platform) and the potential risk of loss of money and/or intellectual property, you shall be required to enter a password for your account. You are urged not to share your username and password with any third party.
3.3. You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Fourier in writing of any unauthorized uses of your account or any other breaches of security. Fourier cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Fourier be liable, in any way, for any acts or omissions by any Fourier user or other third party, including any damages of any kind incurred as a result of such acts or omissions. However, you may be liable for the damages or losses of Fourier or others due to such unauthorized use or in any case where you did not adhere to these security guidelines.
Fourier shall not be able to assist you in any manner should you refrain from using Fourier’s best practices as published from time to time.
3.4. Fourier may limit the use of your account to a set number of IP Addresses or regions in order to prevent abuse. If you will use your Platform account on more than a limited number of devices, Fourier may block such use or terminate your account.
4. Use of the Platform
4.1. Basic Use Requirements. To use the Service and the Platform, you will need a working Internet access, and compatible software. Your ability to use the Service and the Platform and the performance thereof may be affected by these factors. Such system requirements are your responsibility.
4.2. Third-Party Fees. You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of Services and the Platform. You are responsible for all such fees.
4.3. Updates. You may need to install updates to the Platform or related Fourier software that Fourier introduces from time to time to use the Services and the Platform. The Platform, and Content originating from Fourier (including through the Platform and/or the Store) may communicate with Fourier servers from time to time to check for available updates to the Content and to the functionality of the Platform, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By using the Platform (including the Store), you agree to such automatically requested and received Updates.
5. User Content and Content Publishing Policy
5.1. The Platform permits the submission and uploading of Content submitted by you and other users and the hosting, sharing, and/or publishing of such Content. You understand that whether or not such Content is published, Fourier is not responsible for such Content does not guarantee any protection with respect to such Content, as specified below.
5.2. By publishing Content through the Platform, you hereby accept Fourier's Content Publishing Policy as forth below. You acknowledge that any violation of the Content Publishing Policy may cause termination of your account, removal of your Content and potential legal action by Fourier and/or applicable third parties.
5.3. You understand that all the Content is under the sole responsibility of the user uploading such Content. You, and not Fourier, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Platform. Fourier does not control the content posted via the Platform and, as such, does not guarantee the accuracy, integrity or quality of such Content or that its uploading does not infringe any third party rights.
5.4. You hereby represent and warrant that: (i) your Content does not infringe any third party copyright, design, patent, trademark, trade secrets, privacy and publicity rights or any other intellectual property rights; (ii) you have the full rights and authorization to enter into this Agreement and to process the Content, and that no legal claim, dispute or lawsuit was filed against you or threatened against you for using Content.
5.5. You hereby license Fourier an irrevocable, permanent, unlimited, world-wide, royalty-free, sub-licensable, non-exclusive license to use your Content, including without limitation any and all intellectual property rights related thereto, and to allow Fourier's end-users to use your Content according to the functionality of Platform and/or through third party services.
5.6. Fourier does not claim any intellectual property rights over the users’ Content. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Platform for editing by other users of the Platform, the submission or uploading of the Content shall be deemed and considered as licensed to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the Platform and Service, and might also be accessible from other websites.. Such license shall be terminated only upon removal of such Content (either by the user or by Fourier).
5.7. In connection with users’ Content, you further agree that you will not: (i) submit material that is copyrighted or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Fourier and/or any of its users all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Fourier or any third party; (iii) publish Content which includes offensive language or images including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene Content (iv) submit material that is unlawful, obscene, slanderous, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, encourages use of drugs or alcohol, or is otherwise inappropriate; (v) publish upload, post, email, transmit, or otherwise make available Content used to initiate any scam, pyramid scheme, phishing, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation, or otherwise perform any action which may be used to illegally extract goods and/or money from others, including any virtual property (vi) upload, post, email, transmit, or otherwise make available any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (vii) perform "Spamming" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" and (viii) impersonate another person or falsely state or otherwise misrepresent your affiliation with a person or an entity.
5.8. Fourier does not endorse any users’ Content or any opinion, recommendation, or advice expressed therein, and Fourier expressly disclaims any and all liability in connection with such Content.
5.9. Fourier does not permit copyright infringing activities and infringement of intellectual property rights on its Platform, and Fourier will remove all infringing content if properly notified that such content infringes on another's intellectual property rights.
5.10. While Fourier is not responsible for and does review your Content, Fourier reserves the right to delete any such content that Fourier deems, in its sole discretion, racist, hurting, abusing, illegal, or unacceptable for any reason and with no need to provide explanations.
6. Rights and Restrictions – Store and Purchased Content.
6.2. No Public Performance. You agree not to display the Store content contained in any Content in whole or in part as part of any public performance or display the Store even if no fee is charged (except where such use would not constitute a copyright infringement).
6.3. Sale, Distribution or Assignment to Third Parties. You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign your rights to any Content to any third party without authorization of its owner, including with regard to any downloads of Content that you may obtain through the Store.
6.4. Sharing. You may not use any Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner specified and enabled by Fourier.
6.5. Security Features. You may not attempt to, nor assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect any Content or the Store. If you violate any security feature, you may incur civil or criminal liability.
6.6. Proprietary Notices. You may not remove any watermarks, labels or other legal or proprietary notices included in any Content, and you may not attempt to modify any Content obtained through the Store, including any modification for the purpose of disguising or changing any indications of the ownership or source of any Content.
6.7. Defective Products. Once Content is available to you through your account, you should check the Content as soon as reasonably possible to ensure that it downloads correctly and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. Subject to any limitations in any other additional terms for the specific Content, you may return, within a period of five (5) days following the purchase of any Content, the Content that you purchased from the Store to Fourier if the Content does not perform as stated, and Fourier will provide at its option either a replacement Content or a refund of the purchase price. If Fourier elects to issue you a refund, the refund of your purchase price shall be your sole remedy. Fourier reserves the right to issue refunds or credits at its sole discretion. If Fourier issues a refund or credit, it is under no obligation to issue the same or similar refund in the future. For the avoidance of doubt, the issuance of a refund or credit by Fourier shall not be deemed as an admission or acceptance of any liability by Fourier in connection with the Content.
6.9. Effect of Refunds. If Fourier chooses to issue you a refund of the purchase price of Content for any reason, you will no longer have the right to access the relevant Content.
7. Fees And Payments
7.1. Using the Platform is free, but in the future we may charge fees for certain features and/or Services. Therefore, Fourier reserves the right to require payment of fees for certain features and/or Services. When you use a Service that has a fee you have an opportunity to review and accept the fees you will be charged, which we may change from time to time. Fourier reserves the right to change its price list for certain services and to institute new charges at any time, after we provide you with notice by sending you an email or posting the changes on the Platform. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Platform.
7.2. einstein™ Activity Maker
7.2.1. Currently, the Content uploaded by you shall be distributed free of charge, and no fees or other payments shall be payable to you in connection with the distribution of such Content. Fourier reserves the right, at its sole discretion, to decide implementing payment plans and schemes in connection with the distribution of your Content, and shall be allowed to change, modify, add or remove payment plans or schemes, at any time.
7.3. einstein™ Store
7.3.1. Payment Processing. Fourier may make available to you various payment processing methods to facilitate the purchase of Content from the Store, to the extent payment is required. You must abide by any relevant terms and conditions or other legal agreement, whether with Fourier or a third party, that governs your use of a given payment processing method. Fourier may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Content that you order and that Fourier may charge your credit card or other form of payment that you indicate for any Content ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on the Store.
7.3.2. Pricing. For sales as both principal or agent, Fourier displays the pricing for Content on the Store. Pricing and availability of all Content are subject to change at any time.
7.3.3. Purchases and Payments.
(b) Pre-orders of Content. When you place a pre-order for Content, your contract for the purchase and use of that item is completed when the Content becomes available in your account, and you are not able to withdraw from the contract after that point.
(c) Purchase of Content. When you buy Content, your contract for the purchase and use of that item is completed once you click the button indicating that your purchase is complete and you are not able to withdraw from the contract after that point.
(d) Content Purchases are Services. When you purchase Content, you are buying a service. Performance of this service begins as soon as the purchase is complete, as the Content will then be available to you through your account.
(e) Direct, Agency and App Sales. When you buy Content from the Store you will buy them either: (a) directly from Fourier (a “Direct Sale”); or (b) from the provider of the Content (the “Provider”), where Fourier is acting as agent for the Provider (an “Agency Sale”). Each time that you purchase Content, you enter into a contract based on these Terms with: Fourier in relation to the use of the Store and in the case of a Direct Sale the purchase of that Content; and also, in the case of Agency Sales, with the Provider of the Content you have purchased.
7.3.4. Taxes. You are responsible for any Taxes, and must pay Fourier for Content without any reduction for Taxes. If Fourier is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Fourier with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to Fourier, you must provide Fourier with an official tax receipt or other appropriate documentation to support such payments. "Taxes" means any duties, customs fees, or taxes (other than Fourier's income tax) associated with the sale of Content, including any related penalties or interest.
8. Intellectual Property Rights
The Content on the Platform (except for the users’ Content), is subject to copyright and other intellectual property rights under local and international law conventions. To the best of its knowledge, Fourier uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Platform is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Fourier document). Fourier reserves all rights not expressly granted in and to the Platform and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user Content of third parties obtained through the Platform for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or any of the Content therein.
9.1. You agree to defend, indemnify and hold harmless Fourier, its subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, trademark, patent or other intellectual property right, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.
9.2. Fourier reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Fourier’s benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Fourier's sole opinion constitutes a violation of any local, state, federal, or foreign law or regulation, or this Agreement, Fourier may immediately delete your Content, and notify you of the action. You agree to waive any cause of action or claim you may have against Fourier for such action.
9.3. This defense and indemnification obligation will survive the expiration or termination of this Agreement and your use of the Platform.
10. Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOURIER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. FOURIER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE PLATFORM.
IN NO EVENT SHALL FOURIER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN OF THE LOSS THEREOF, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
YOU SPECIFICALLY ACKNOWLEDGE THAT FOURIER SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
FOURIER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOURIER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FOURIER DOESN’T RECOMMEND THE USE OF THE PLATFORM FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY CONTENT.
11. Events Beyond Control
Under no circumstances shall Fourier be held liable for any delay or failure in the Platform and/or any of the Services and/or information on the Platform directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Fourier, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
By registering to the Platform and providing your email address, you expressly agree to receive promotional content from Fourier, by mail or email, from time to time. If you provide Fourier with your phone number (at any stage of use of the Services), Fourier shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify Fourier at any time.