Terms of use | Future-minded Community

Future-minded Community Platform’s Terms of Use

Welcome to the Future-minded Community Platform, an online platform with the opportunity to exchange knowledge, engage with peers, share best practices, build expertise, and subscribe to (online) events and updates on specific topics (either via an open or closed community). These topics can relate to sectors, regions, products, capabilities and/or developments in the world of finance.

The Future-minded Community Platform’s Terms of Use (the “Terms of Use”) are the terms and conditions that apply to your use of the Future-minded Community Platform. By using the Future-minded Community Platform, you are agreeing to these Terms of Use.

FMO can monitor your usage with the Terms of Use and is allowed to take any measure FMO deems appropriate in case of violation.

1. Definitions

Capitalized words in these Terms of Use have the meaning described below.

Confidential Information	Information related to: a. information about FMO / a User (including, but not limited to, on business activities, structure, systems, operational activities, employees, customers, potential customers and trade secrets) that is or may come into the possession of FMO/ another User during the use of the Future-minded Community Platform; b. information that FMO / a User considers sensitive and/or secret; c. information concerning or received from FMO / a User that FMO / a User may reasonably expect to be sensitive and/or secret. Confidential Information includes also Personal Data.
FMO	Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V. (Dutch Entrepreneurial Development Bank)
FMO Content	All content, including but not limited to, language, data, information, and images, provided through, or disclosed by use of the Future-minded Community Platform, by FMO.
Future-minded Community Platform	The online environment hosted on https://future-minded.com where Users are displayed as an open (accessible for all registered Users) or closed (restricted to a certain group) community.
Host	A person organizing (online) events, updates on specific topics or other events (not being FMO).
Personal Data	Any information relating to an identified or identifiable natural person (as defined under the General Data Protection Regulation (EU) 2016/679 (GDPR) and any related further legislation).
Terms of Use	The terms and conditions that apply to User’s usage of the Future-minded Community Platform, including all materials referred in or linked to it (if applicable).
User	The natural person or legal entity using the Future-minded Community Platform. This can also be the Host.
User Content	All content, including but not limited to, language, data, information, and images, provided through, or disclosed by use of the Future-minded Community Platform by the User and/or the Host.

2. Access to and use of the Future-minded Community Platform

a. Access. FMO will provide the User access to use the Future-minded Community Platform according to these Terms of Use.

b. Terms of Use. The User must read and follow the Terms of Use. By using the Future-minded Community Platform, the User is agreeing to these Terms of Use.

c. Monitoring usage. FMO can monitor User’s usage with the Terms of Use and will be allowed to take any measure FMO deems appropriate in case of violation.

d. Not owner of underlying system. FMO is not the owner of the application system underlying and used to host the Future-minded Community Platform. Hence, FMO has no influence on potential additional requirements or disruptions on, availability of and/or potential changes to the Future-minded Community Platform.

e. Modifications to the Terms of Use. FMO reserves the right to modify the Terms of Use at any time. FMO will inform the User in case of (material) modifications. User’s subsequent use of the Future-minded Community Platform constitutes User’s agreement to the modified Terms of Use, and to follow and be bound by these.

f. Profile: In order to access and use the Future-minded Community Platform, the User is prompted to create a profile. All information the User provides in the profile must be accurate. The User can indicate in the profile whether the User would like to receive notifications.

g. Username: In order to access and use the Future-minded Community Platform, the User is prompted to create a username and password with a third-party service provider. FMO may reject any username if inappropriate/unacceptable in FMO’s reasonable view. The User can also use User’s own email address for this purpose.

The User is not allowed to pass on aforementioned details in order for another person to access and use the Future-minded Community Platform (it is strictly intended for User’s own personal use).

h. Third-party service provider(s). FMO may ask (a) third-party service provider(s) to assist FMO in providing services related to the usage of the Future-minded Community Platform (Vimeo, Mentimeter, Zoom, etc.). For this purpose, the User grants FMO the right to share the information necessary with these third-party service providers.

Also, it might be required for the User to accept the terms and/or conditions of the third-party service provider to make use of the services the third-party service provider is assisting FMO in.

i. Unauthorized access or use. If the User believes access to or use of the Future-minded Community Platform has been breached, compromised, or is unauthorized, the User is requested to notify FMO without undue delay at communications@FMO.com.

3. User Conduct and User Content

a. Acceptable Use. The User will use the Future-minded Community Platform for its intended purpose only and will not use it for solicitation or advertising purposes without FMO’s prior written permission. User Content should typically relate to sectors, regions, products, capabilities and/or developments in the world of finance.

b. Public discussion. The Future-minded Community Platform is meant for public discussion. The User is not allowed to disclose own or solicit another User’s or another individual’s Confidential Information. This means that no private/personal information should be exchanged within the Future-minded Community Platform (except where this is information related to the User’s profile and settings on the Future-minded Community Platform).

c. Prohibitions. The User is not permitted to sell, rent, lease, assign, sublicense, distribute, reproduce, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right (directly or indirectly) in the Future-minded Community Platform and/or FMO Content and User Content.

In addition, and without limiting the other requirements in these Terms of Use, the User will not post on the Future-minded Community Platform content, or use the Future-minded Community Platform in a manner that:

is in violation of any applicable laws and/or regulations;
is deceptive, false, misleading or fraudulent;
contains vulgar, obscene, offensive, indecent or unlawful material and/or content;
restricts or inhibits any other User of the Future-minded Community Platform from using and enjoying the Future-minded Community Platform; and

is qualified otherwise by FMO in reasonableness as unacceptable (to be determined at FMO’s own discretion).

Also, the User is not allowed to create an own (sub)community or take one over for own (commercial) benefit, without FMO’s prior written permission.

d. FMO’s right to remove User Content. FMO (whether or not on request of a User) may in reasonableness remove User Content, or block or disable replies on a topic, at any time and at own discretion (but is not obliged to do so).

e. FMO’s Use of User Content. While the User retains ownership rights on the User Content, the User grants FMO a perpetual, irrevocable, worldwide and non-exclusive license to use the intellectual property rights in connection with the User Content, this includes the permission to display, reproduce, disseminate, and/or otherwise use User Content (including derivations thereof).

The User also grants FMO the right to re-use Future-minded Community Platform content (including User Content) to market and promote the Future-minded Community Platform in (public) presentations, social media posts, press releases and interviews.

4. FMO’s intellectual property rights

a. Future-minded Community Platform’s environment and content: FMO’s environment and subsequent content posted on the Future-minded Community Platform by FMO (FMO Content) is the intellectual property of FMO, and FMO retains all ownership rights (including any modifications thereof).

b. No (sub)license to use. The User is not granted a (sub)license to use any software (e.g. the application system underlying and used to host the Future-minded Community Platform) by this Terms of Use.

c. FMO logo. Without the prior written permission of FMO, the User will not make any announcements relating to FMO (including, but not limited to, a public reference, press release or other announcements, such as the use of the logo, brand or name of FMO for User’s commercial/marketing purposes), unless such announcement is required by law. In the latter case, the User will notify FMO prior to such communication. Any inquiries must be sent to communications@fmo.nl.

d. Third-party’s intellectual property rights. FMO respects the intellectual property rights of others, and FMO requires Users to do the same.

5. Privacy

FMO’s Privacy Statement. The User shall refrain from sharing any of its Personal Data (except where required to create and to further complete its profile) and from sharing Personal Data of others when using the Future-minded Community Platform.

The User can indicate if it wishes to receive any notifications and who should have access to its profile. The User can change its settings at any time.

The FMO Privacy Statement for the Future-minded Community Platform is applicable to any processing of Personal Data by FMO in relation to the Future-minded Community Platform, explaining the purposes for processing and how long the Personal Data will be retained.

6. Term and Termination

a. Term. These Terms of Use will apply for as long as (a) the User maintains a username to access the Future-minded Community Platform and used the Future-minded Community Platform in the last 12 months, or (b) the Future-minded Community Platform is live.

b. Suspension and termination. FMO may suspend with immediate effect the access to and use of the Future-minded Community Platform and/or terminate the account of a User, without any prior notice, in case of (i) (suspected) violations of the Terms of Use, or (ii) usage of the Future-minded Community in a way which has or may negatively reflect on or affect FMO, FMO’s clients, or other Users, or (iii) if FMO determines in reasonableness it otherwise to be necessary or desirable (to be decided upon at FMO’s own discretion).

FMO is not obliged to provide the User with any FMO Content and/or User Content after suspension and/or termination.

c. Survival of requirements. The requirements of the Terms of Use, which are explicitly or implicitly intended to remain in force after termination, will remain in force after termination of the Terms of Use and continue to bind Parties (including but not limited to 3 c., 3 e., 4 a., 4 b., 5 c., 7, 8, 9, 10a., and 10 b.).

7. User Representations and Warranties

The User represents and warrants that:

User’s participation in the Future-minded Community Platform does not conflict with any of User’s existing agreements and/or arrangements;
User is allowed to share User Content with FMO and other Users;

User is not violating any confidentiality obligations by posting User Content; and
User Content does not violate or constitute the infringement of any (third-party’s) intellectual property right, right of privacy, right of publicity or other proprietary right.

8. Indemnification

a. Indemnification. User will indemnify, defend and hold FMO harmless, at the User’s expense, against any third-party claim, suit, action, or proceeding brought against FMO (including FMO’ employees, service providers, licensors, and affiliates) by a third-party to the extent that such an action is based upon or arises out of:

User’s usage of the Future-minded Community Platform;
User’s disclosure or solicitation of Confidential Information / personal/private information, whether by the User itself or a third-party;
User’s non-compliance with or breach of these Terms of Use; and/or
User’s use of third-party information, products, or third-party sites.

For the purposes of this provision 8.a., a third-party may also be another User.

b. Defence or settlement. FMO will notify the User without undue delay in writing of FMO becoming aware of any such claim (as set out under 8 a.), give the User sole control of the defence or settlement of such a claim and provide the User (at User’s expense) with any and all information and assistance reasonably requested by the User to handle the defence or settlement of the claim.

The User will not accept any settlement that:

imposes an obligation on FMO;

requires FMO to make an admission; and/or
imposes liability not covered by these indemnifications or places restrictions on FMO without FMO’s prior written consent.

9. No Liability; Disclaimers

a. No liability. FMO will not be liable for any damages (either direct or indirect) in relation to access and use of the Future-minded Community Platform by the User.

b. Disclaimer of Warranties. FMO makes no representations or warranties about the suitability, reliability, availability, or accuracy of the FMO Content and/or User Content posted on the Future-minded Community Platform.

c. Third-party Products and Sites. FMO disclaims all liability with respect to (the technical performance of) the application system underlying and used to host the Future-minded Community Platform.

10. Final provisions

a. Applicable Law. These Terms of Use are governed exclusively by Dutch law.

b. Disputes. To the extent possible, disputes between FMO and User(s) will be resolved by means of proper consultation. Disputes arising from and/or in connection with the Terms of Use will be submitted exclusively to the competent court in The Hague.

c. Severability. If any of the Terms of Use is or becomes illegal, invalid and/or unenforceable, this will not affect the legality, validity and/or enforceability of the other provisions of these Terms of Use. The former will be deemed superseded by a legal, valid and/or enforceable provision that most closely matches the intent of the original provision.

d. Rejection of User requirements. FMO hereby expressly rejects the application of any conditions and/or requirements of the User.

e. No effect in case of no direct enforcement. The failure to directly enforce any right or power, will not affect or limit the rights and powers of FMO under these Terms of Use.