Terms & Services
General Information
These Terms of Service (the “Terms”) govern your access and the use of the following websites and applications:
futninja.com
We refer to these websites together as “Services.” These Terms are a legally binding agreement between you and Futninja. (“Company”). Read this agreement carefully before using the Services.
We may amend these Terms at any time by posting a revised version on the Services and/or sending you notice of the same to the email address associated with your Account, as defined herein. Each revised version will state its effective date, which will be on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
You understand that by using the Services, you are agreeing to be bound by these Terms, including any and all of your warranties and representations contained herein. If you do not accept these Terms in their entirety, you may not access or use the Services. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that event, "you" and "your" will refer and apply to that entity.
Effective Date
These Terms are effective as of August 1, 2019.
1. Privacy
Your use of the Services is conditioned upon your agreement to the Privacy Policy (“Privacy Policy”). Please review the complete Privacy Policy, which is incorporated herein by reference.
2. Children Under 13
By using the Services, you confirm that you are above the age of 13 and are not barred from using the Services under applicable law. If you do not provide us with accurate information, then we may not be able to assist you with accessing your account. The Services are not directed to children under 13 and you may not use the Services or create an Account if you are under 13 years old.
3. Electronic Communication
Each and every time you either use the Services or send an email or other electronic communication to Company, such communication will constitute an electronic communication (“Electronic Communication”). By using the Services, you consent to receive Electronic Communications and you agree that all agreements, notices, disclosures and other communications that Company provides to you via Electronic Communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
4. Account
To use the Services, “Users” must set up an individual account (“Account”). To create an Account, you must be 18 years old, if you are under 18 years old, you may only create an Account with the permission of your parent or legal guardian. If you are under 13 years old, you may not create an Account and please do not provide us with any information. You may create an Account with a username and email address or by linking the Services to your existing Twitch, Overframe.gg, Microsoft, Steam, Google, or Battle.net or other third party accounts. Each Account, regardless of the type, includes a unique and complex password (“Password”) used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and Password. Such security includes, but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Services and/or where such Password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your Password with any other person or entity. You acknowledge and agree that Company is not responsible for third party access to your Account that results from theft or misappropriation of your Password or other Account credentials. Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.
You may delete your Account at any time by following instructions provided in the Services or by contacting us through the contact form.
5. Services Description
The Services provides Users with access to specific game news, User generated guides, gaming content, builds and build guides, gaming tools, and User forums.
6. Payment Terms
Company partners with Stripe to facilitate card payments and other payments related to any purchases made via the Services, including, without limitation, the purchase of Premium Accounts. Payment processing time will vary depending on your location. You will receive a receipt from Stripe confirming payment. If your payment is rejected for any reason, including insufficient funds, Company reserves the right to contact you directly to seek payment. By using Stripe or any other third party payment processor you may be subject to an agreement with these third-party(s). For your reference, Stripe’s Services Agreement is available here. If Company receives notice that your activity violates Stripe’s Services Agreement or any similar agreement between you and Stripe or any other third party payment processor, Company may, in our sole discretion take action against you or your Premium Account to bring you into compliance with such agreements. Such actions may include canceling a transaction, suspending your Account privileges and/or removing certain payment methods. Payments are nonrefundable.
7. Company Disclaimer
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE INSTITUTION. The Services are a communication and information platform only. Company is not a party to any agreement or communication between Users and Company makes no representation or warranty as to any User Generated Content, as defined herein, or any other information posted or distributed on the Services. Company has no control over the conduct of, or any information provided by any User and Company hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Company through the Services is for informational purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for your User Generated Content or any other posts or communications you generate via the Services.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR USER BEHAVIOR OR ACTIVITY. COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO USER MATERIALS OR ANY USER GENERATED CONTENT INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
8. User Generated Content
Any materials, images, information, guides, builds, or other content that you post to or via the Services will be known as “User Generated Content.” To the extent that any User Generated Content appears on the Services, you hereby grant Company to the furthest extent and for the maximum duration permitted by applicable law an unrestricted, worldwide, fully sub-licenseable, nonexclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, perform and display such User Generated Content in any form, format, or media, now known or hereafter devised, for the purpose of operating the Services, including any promotional or marketing services used by Company, which may include transmission of the same to a third party website. Such license will be immediately revoked in the event you delete such User Generated Content from the Services, except to the extent that such User Generated Content has been shared with or by a third party.other User or incorporated into any of Company’s promotional or marketing materials. Nothing contained herein may be construed as to grant Company any ownership over, or liability for, your User Generated Content and nothing in these Terms will restrict any rights that you may have to use and exploit User Generated Content outside of the Services. You hereby represent and warrant that any User Generated Content that you post or otherwise upload via the Services is wholly original and/or you have the authorization to reproduce, adapt, modify, and/or display such Content.
9. Use of Communications Services
The Services may contain bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities (collectively, "Communication Services") designed to enable you to communicate with other Users. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. For the avoidance of doubt, any materials or information that you post to Communications Services will be considered User Generated Content.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review any and all materials, uploaded to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to upload or to remove any information or materials, in whole or in part, in Company’s sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE. MANAGERS AND HOSTS ARE NOT AUTHORIZED COMPANY SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF COMPANY.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
10. Prohibited Content
Company reserves the right to remove any User Generated Content that does not comply with the Terms. Company may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove any prohibited User Generated Content, which includes, but is not limited to the following:
- User Generated Content that is pornographic, lewd, or otherwise sexually explicit in nature;
- User Generated Content that is defamatory or in violation of any person’s state or common law right of publicity or other privacy rights;
- User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose; or
- Any User Generated Content that otherwise violates these Terms.
11. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
- Use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
- Harvest or collect the email addresses or other contact information of other users from the Services;
- Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
- Modify, adapt, translate or create derivative works based upon the
Services or any part thereof, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this
limitation;
- Access any website, server, software application, or other computer
resource owned, used and/or licensed by Company including but not
limited to the Services, by means of any robot, spider, scraper, crawler
or other automated means for any purpose, or bypass any measures
Company may use to prevent or restrict access to any website, server,
software application, or other computer resource owned, used and/or
licensed to Company, including but not limited to the Services;
- Interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the Services;
- Attempt to indicate in any manner that you have a relationship with
Company or that Company has endorsed you or any products or services for
any purpose; and
- Use the Services for any illegal purpose, or in violation of any
local, state, national, or international law or regulation, including,
without limitation, laws governing intellectual property and other
proprietary rights, data protection and privacy.
12. Rights Company Grants to You
Subject to your compliance with these Terms,
Company grants you access to view any User Generated Content that
belongs to Company or its Users that have also agreed to these Terms.
You agree that you will not use any User Generated Content except as
expressly permitted in these Terms. Please follow the steps in
accordance with the functionality of Services if you want to remove your
Account.
13. User Representations and Warranties
As a User, you hereby represent that i) you are at
least thirteen (13) years of age; and ii) you are not prohibited from
receiving or using any aspect of the Services under applicable laws; and
c) Company has not previously disabled your account for a violation of
the law or these Terms, even if these Terms have been amended.
Disclaimers of Warranties.
As a User, you hereby warrant that you will comply
with the applicable laws and regulations in your jurisdiction when you
make any use whatsoever of the Services.
14. Links to Third Party Sites and Services
The Services may contain links to third party
websites ("Linked Sites"). The Linked Sites are not under the control of
Company or any part of the Services and Company is not responsible for
the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
Company is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Company of the
website or any association with its operators.
15. Device and Internet Connection
Use and Access of the Services may require the use
of your personal computer, laptop, tablet, or mobile device, as well as
communication with or use of space on such device. You are solely
responsible for all internet and/or mobile data connection and all
associated fees that you incur when accessing the Services.
16. Intellectual Property
All content included as part of the Services,
including, but not limited to, text, graphics, logos, images, as well as
the compilation thereof, the look and feel of the Services, including,
without limitation, the text, graphics, code, and other materials
contained therein (collectively “Protected Content”) is the property of
Company or its third party suppliers and protected by copyright,
trademark, and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright,
trademark and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse
engineer, participate in the transfer or sale, create derivative works,
or in any way exploit any of the Protected Content, in whole or in part,
found within the Services. Your use of the Services does not entitle
you to make any unauthorized use of any of the Protected Content, and in
particular you shall not delete or alter any proprietary rights or
attribution notices in any Protected Content. You shall use Protected
Content solely for your personal use, as outlined in these Terms, and
will make no other use of the Content without the express written
permission of Company and/or Protected Content’s third party owner. You
acknowledge and agree that you do not acquire any ownership rights in
any Protected Content. Except as provided for herein, these Terms do not
grant any licenses, express or implied, to the Protected Content or any
other intellectual property of Company, our licensors, or any third
party.
17. Copyright Infringement Policy
Company is committed to protecting the rights of
copyright rights holders and seeks to comply with all applicable laws
and regulations regarding the protection of intellectual property.
If you are a copyright owner or an agent thereof
and believe that any content on the Services infringes on your
copyright, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our designated agent for
copyright claim notifications (“Designated Agent”) with the following
information in writing (see 17 U.S.C. §512(c)(3) for further detail):
- A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
- Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works within the Services are
covered by a single notification, a representative list of such works
that appear within the Services;
- Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably sufficient
to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
- A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the
notification is accurate, and you are the owner of, or authorized to act
on behalf of the owner of, an exclusive right that is allegedly
infringed.
Company will process any notices of alleged
copyright infringement and will take appropriate actions as permitted
under the DMCA. Upon receipt of notices complying with the DMCA, Company
will act expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of infringing
activity and will act expeditiously to remove or disable access to any
reference or link to material or activity that is claimed to be
infringing.
18. DMCA Counter Claims
Company may notify the owner or administrator of
the affected Content so that he or she can make a counter-notification
pursuant to his or her rights under the DMCA. If you receive such a
notice, you may provide counter-notification in writing to the
Designated Agent. To be effective, the counter-notification must be a
written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which
access has been disabled, and the location at which the material
appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a
good faith belief that the material was removed or disabled as a result
of a mistake or misidentification of the material to be removed or
disabled; and
- Your name, physical address and telephone number, and a statement
that you consent to the jurisdiction of a Federal District Court for the
judicial district in which your physical address is located, or if your
physical address is outside of the United States, for any judicial
district in which Company may be found, and that you will accept service
of process from the person who provided notification of allegedly
infringing material or an agent of such person
19. International Users
The Services are controlled, operated and
administered by Company from our offices within the United States. If
you access the Services from a location outside the United States, you
are responsible for compliance with all local laws. You agree that you
will not use the Content accessed through Services in any country or in
any manner prohibited by any applicable laws, restrictions or
regulations.
20. Release
You hereby agree to release Company from all
damages (whether direct, indirect, incidental, consequential or
otherwise), losses, liabilities, costs and expenses of every kind and
nature, known and unknown, arising out of a dispute between you and a
third party in connection with the Services. In addition, you waive any
applicable law or statute, which says, in substance: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE RELEASED PARTY."
21. Indemnification
To the maximum extent permitted by applicable law,
you agree to indemnify, defend and hold harmless Company, its officers,
directors, employees, agents and third parties, and assigns from and
against any and all claims, losses, costs, debt, liabilities and
expenses (including, but not limited to attorney’s fees) arising from
(i) your misuse of and access to the Services; (ii) your violation of
these Terms; (iii) your violation of any third party right, including
without limitation any copyright, intellectual property, or privacy
right; (iv) your use of or inability to use the Services; and (v) any
claim that you caused damage to a third party.
22. Arbitration
In the event the parties are not able to resolve
any dispute between them arising out of or concerning these Terms, or
any provisions hereof, whether in contract, tort, or otherwise at law or
in equity for damages or any other relief, then such dispute must be
resolved solely by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and
administered by the American Arbitration Association, in a location
mutually agreed upon by the parties. If the parties cannot agree on a
location, the arbitration will be conducted telephonically. The
arbitrator's award will be final, and judgment may be entered upon it in
any court having jurisdiction. In the event that any legal or equitable
action, proceeding or arbitration arises out of or concerns these
Terms, the prevailing party will be entitled to recover its costs and
reasonable attorney's fees. The parties agree that the Federal
Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of
this arbitration provision shall be determined by the arbitrator. This
arbitration provision shall survive the termination of these Terms.
23. Class Action Waiver
Any arbitration under these Terms will take place
on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES
AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH
PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and Company agree otherwise, the arbitrator may
not consolidate more than one person's claims and may not otherwise
preside over any form of a representative or class proceeding.
24. Termination and Access Restriction
Company reserves the right, in its sole discretion,
to terminate your access to the Services or any portion thereof at any
time, without notice. Use of the Services is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
25. Severability
In the event that any provision of these Terms is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from
these Terms, such determination shall not affect the validity and
enforceability of any other remaining provisions.
26. Miscellaneous
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Company as a
result of these Terms or use of the Services.
Company’s performance of the obligations described
herein is subject to existing laws and legal process, and nothing
contained in these Terms is in derogation of Company's right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the Services or information provided to or
gathered by Company with respect to such use.
These Terms constitute the entire agreement between
you and Company with respect to the Services and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Company with respect to the
Services. A printed version of these Terms and of any notice given in
electronic form will be admissible in judicial or administrative
proceedings based upon or relating to these Terms to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express
wish to the parties that these Terms and all related documents be
written in English.
These Terms are non-transferable, and you may not
assign your rights and obligations under these Terms without the express
written consent of Company.
You hereby consent to the jurisdiction of the State
of Delaware and agree that its laws will be used to resolve all
disputes arising from or concerning these Terms.
Questions and Feedback
If you have any questions or comments about these Terms or our Services, please contact us.