TERMS AND CONDITIONS
Last updated: 01.09.2023.
These Terms of Service (“Terms”) govern the contractual relationship between:
⦁ Fortunable, a subsidiary of Opinodo ApS, a limited liability company governed by the laws of Denmark, having its registered address located at Svanevej 22, Copenhagen, Denmark (hereinafter referred to as “Fortunable”);
⦁ each participant, individual, user or visitor (collectively “you” or “your”) accessing Fortunable’s website located at https://fortunable.com/; and/or using the Services (as defined below) via the Website.
You and Fortunable shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read these Terms carefully before accessing and using the Website and Services. Your access to the Website is conditioned upon your acceptance of and compliance with these Terms.
PLEASE NOTE: In an effort to make Fortunable’s Terms easier to understand, Fortunable has translated these Terms and all associated legal documentation from English to various other languages using machine translation. As a result, you acknowledge and understand that any translated Terms (including other Fortunable legal documents) may contain errors and inaccurate terminology. As such, Fortunable shall not be liable or responsible for any errors or inaccurate terminology contained in the translated Terms and/or other Fortunable legal documents.
1. ACCEPTANCE OF TERMS
By accessing the Website and using the Services (defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (as defined below), and (ii) refrain from accessing the Website.
Your continued use of the Website and Services (defined below) shall be deemed to constitute your acceptance of these Terms.
2. FORTUNABLE’S SERVICES
2.1. Fortunable offers a web-based system for operating third-party online market research surveys where registered users (i) voluntarily participate in and complete paid Surveys (defined below) administered by Fortunable’s third-party service providers (“Third Party Provider(s)”), and subsequently hosted by Fortunable on the Website; and (ii) are financially rewarded/compensated based on the number of Surveys (defined below) the registered user has completed (the “Service(s)”).
2.2. Subject to Section 3 (Registration, Password and Security) of these Terms, upon your successful registration of a User Account (defined below) on the Website, Fortunable shall notify you, either via email or in-browser, of any online market research surveys (“Survey(s)”) that you may qualify for, as well as the applicable Compensation (defined below) for completing the Survey(s). Once, you have completed such Survey(s), Fortunable shall compensate you, in accordance with Section 4 (Compensation) of these Terms.
2.3. Surveys. By registering a User Account (defined below) with Fortunable, to access and use the Services, you expressly agree to receive invitations to participate in Surveys via email or in-browser. As such, you acknowledge that Fortunable does not guarantee that you will receive a certain minimum number of invitations or any invitations to participate in a Survey at all. Prior to participating in any Survey, you will be informed by the Third Party Providers of the duration of the Survey and the applicable Compensation (defined below) you will earn upon completion of the Survey.
2.4. You acknowledge and understand that your participation in any Survey, your disclosure of any User Content (defined below) and personally identifiable information, and your acceptance or rejection of any invitations to participate in a Survey is completely voluntary.
2.5. You acknowledge that Fortunable may, in its sole discretion at any time without notice and for any or no reason, add, change, suspend, remove or discontinue any or all part(s) of the Services and/or Website.
2.6. Support Services. Fortunable shall provide you with support services via email from Monday to Friday, in order to address any queries and concerns you may have pertaining to the Services as well as to any payment/account issue. We shall endeavor to resolve any queries and concerns you may have within seven (7) business days from the date you first logged the issue with us.
3. THIRD-PARTY PROVIDERS
3.1. Confidential Nature of Surveys. You acknowledge that any information and content made available to you through your use of the Services and completion of Surveys may contain certain business trade secrets, know-how, or other confidential or proprietary information belonging to Fortunable or the relevant Third Party Provider. As such, you agree to keep all information/content you access via the Website and Services, and which you gain through your participation in a Survey, strictly confidential and to not disclose any information/content to any other person. You may not use such information or content for any purpose other than for the sole purpose of your participation in the Surveys and in accordance with these Terms. You hereby agree to notify Fortunable immediately in the event of the unauthorized disclosure and/or use of confidential and proprietary information/content.
3.2. No liability for Third Party Provider. Fortunable shall not be responsible for the Surveys made available within the scope of the Services, and administered by Fortunable’s Third Party Providers, which may contain technical errors and omissions. As such, you acknowledge, understand and agree that you are only authorized to participate and complete the Surveys made available to you by Fortunable in accordance with the terms and conditions of these Terms. Your use of the Services and participation in any Third Party Provider’s Survey is entirely at your sole risk.
3.3. Your communications, interactions or business transactions/dealings with any Third Party Provider, including any Third Party Provider’s terms, conditions, warranties or representations, communications, interactions or business transactions/dealings associated with any Survey, shall be solely between you and such Third Party Provider except as may be otherwise stated herein. You acknowledge and agree that Fortunable shall not be (i) a party to any such business transactions/dealings you may enter into with the Third Party Provider, and (ii) liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any Third Party Provider. As such, Fortunable shall not be liable for any exchange, disclosure, modification, corruption or deletion of any User Content (defined below) or other information resulting from any Third Party Provider’s access to your User Content.
3.4. Both Fortunable and its Third Party Provider reserves the right to discontinue the use or suspend the availability of any Survey, for any reason and with no liability to you, or obligation to provide any explanation or notice.
3.5. You acknowledge and agree that regardless of the manner in which any Survey is made available/offered by the Third Party Provider(s) to you, Fortunable merely acts as an intermediary between you and the Third Party Provider. As such, Fortunable shall not be in any way responsible for any actions or inactions by such Third Party Provider(s).
4. REGISTRATION, LOGIN CREDENTIALS AND SECURITY
4.1. Creating a User Account. In order to use the Services, you must first register with Fortunable either:
⦁ through our online registration process, by providing all required information which shall include but not be limited to your full name, country of residence, and postal code, date of birth, gender and email address; or
⦁ by clicking the Facebook or Google button on the registration page, this shall automatically provide Fortunable with access to your personal information as contained on your Facebook or Google profile.
An account shall thereafter be opened by Fortunable, in its sole discretion, for you on the Website (“User Account”).
4.2. Single Account Restriction. Each User Account is personal, non-transferable and may only be registered and used ONLY by one (1) single individual and have one (1) PayPal or Paysera account associated with such User Account. As such, only you are not allowed to use the same PayPal or Paysera account as other members, only the person who signed up with the email used for the PayPal or Paysera account can withdraw the funds to said User Account. You may not access any third party’s account or authorize any third party to access your User Account and use the Services on your behalf. You acknowledge and agree that in the event of your violation of this Section 4.2, Fortunable may, in its sole discretion, (i) deny you access to its Website and/or Services for any reason or no reason at all, and/or (ii) automatically delete/close your User Account, without liability and notice to you, whereby you shall forfeit any Compensation (defined below) you have earned for completing Survey(s).
4.3. You agree to (i) provide true, accurate, current and complete information about yourself as prompted by Fortunable’s registration process on the Website, and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times. If you provide any information to Fortunable that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Website and deny you the ability to access and use the Services. You agree to hold Fortunable harmless and bear full responsibility for all damages accrued by Fortunable in the event of any violation of the obligations provided under this Section 4.3.
4.4. Login Credentials. You may indicate, during the registration process, to Fortunable your User Account’s username (which shall be your registered email address) and your choice of password to be used as login credentials to access your User Account (“Login Credentials”).
4.5. Security. You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account. You agree to notify Fortunable immediately of any unauthorized use of your User Account or any other breach of security. Fortunable shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by Fortunable due to any third party using your Login Credentials and/or User Account. You acknowledge and agree that you may not (i) use the User Account of another user registered on the Website, and further acknowledge that User Accounts are for use by one user only, and (ii) impersonate any individual, or falsely state or otherwise misrepresent any affiliation with an individual when accessing the Website and when using the Services.
4.6. Account Verification. Fortunable reserves its right to request you to verify your account details at any time. Account verification is a necessary step for keeping your User Account, including all data saved in your User Account, secure and assists Fortunable in monitoring any potential threats and abuse of the Website and Services. In the event you are selected to have your User Account verified, you agree to follow the instructions for the verification that Fortunable will provide to you. Once the account verification process is complete, you will be able to return to your User Account dashboard and continue participating in Surveys.
4.7. Deletion of User Account. Should you wish to delete your User Account, you may do so at any time either by (i) deleting your User Account from your User Account’s settings dashboard, or (ii) sending an email to Fortunable at email@example.com with your request to delete your User Account. Following such request, Fortunable will permanently delete your User Account, as well as any data contained in the User Account, within thirty (30) calendar days from the submission of your deletion request. You acknowledge and agree that by submitting a request to delete your User Account, you will no longer be able to access the Services. Fortunable shall not be liable for any damages caused by such deletion of your User Account.
4.8. Inactive User Accounts. In the event your User Account remains inactive (i.e. you do not participate in any Surveys) for a period of six (6) months or more, Fortunable will follow the below procedure prior to deleting your User Account as a result of inactivity:
⦁ five (5) months of inactivity – Fortunable will send you written notice that your User Account will be deleted if your User Account remains inactive for six (6) months. Therefore, should you not wish for your User Account to be deleted, you understand that you will have to login to your User Account and complete a Survey.
⦁ Fourteen (14) calendar days before deletion of User Account – Fortunable will send you written notice that your User Account will be deleted if your User Account continues to remain inactive.
⦁ seven (7) calendar days before deletion of User Account – Fortunable will send you written notice that your User Account will be deleted if your User Account continues to remain inactive.
⦁ one (1) calendar day before deletion of User Account – Fortunable will send you a final written notice that your User Account will be deleted the following day as a result of your User Account continuing to remain inactive.
You acknowledge, understand and agreed that after Fortunable has followed the above-mentioned process and with your User Account continuing to remain inactive for six (6) months, your User Account together with any data stored under your User Account will be deleted, and any Compensation (defined below) accumulated under your User Account will be forfeited by you, without liability to Fortunable . As such, you will not be able to recover any data or funds.
5. AGE RESTRICTION
You must be at least 18 years of age to create a User Account and to use the Services. If you are younger than 18, but above the required legal age for consent to use online services in the place where you live (i.e., 13 years in the USA) Fortunable encourages you to invite a parent or legal guardian to assist you in registering your User account on the Website. If you are below the legal age of consent to use online services, you cannot create a User Account or use the Services. If Fortunable discovers that you have violated any provision under this Section 5, Fortunable will terminate your User Account, in its sole discretion.
6. USER BEHAVIOR WHILE ACCESSING AND USING THE WEBSITE AND SERVICES
6.1. You may not use the Website and/or Services to transmit, post, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation, (ii) in a manner that infringes upon Fortunable ’s Intellectual Property Rights (as defined below) or upon any third party’s intellectual property rights, (iii) in a manner that violates the privacy or other personal rights of third parties, (iv) that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that (a) is deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and (b) incites, encourages or threatens immediate physical harm against another including, but not limited to content (1) promoting racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (2) soliciting personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.
6.2. When accessing the Website and using the Services, you agree to not:
⦁ use the Website and/or Services for any commercial purposes;
⦁ send or procure any advertising or promotional material via the Website and Services;
⦁ use any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website and/or Services;
⦁ take any action that imposes an unreasonable or disproportionately large data load on the Website’s infrastructure;
⦁ copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website and/or Services, for any purpose (including commercial purposes) without Fortunable’s prior written consent;
⦁ access, tamper with, or use non-public areas of the Website or Fortunable ’s computer systems and/or of its third-party providers’ technical delivery systems;
⦁ probe, scan, or test the vulnerability of any of Fortunable ’s system or network or breach or circumvent any of Fortunable’s security or authentication measures;
⦁ access, search or attempt to access or search the Website and/or Services (by any means other than through Fortunable’s currently available, published interfaces that are provided by Fortunable, unless you have been specifically allowed to do so in a separate agreement with Fortunable ;
⦁ reverse-assemble, reverse-engineer, decompile or otherwise attempt to discover any source code relating to the Website and/or Services, or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
⦁ attempt to access any area of the Website and/or Services to which access is not authorized;
⦁ use any robot, spider, other automatic device or manual process to monitor or copy any part of the Website and/or Services;
⦁ conduct any systematic or automated data collection activities on or in relation to the Website and/or Services, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Fortunable’s prior written consent;
⦁ use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website and/or Services;
⦁ disrupte or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website and/or Services;
⦁ upload, post, email, transmit, or otherwise offer any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
⦁ intentionally or unintentionally violate any local, state, federal, national or international law, in addition to any rules of any nation or other securities exchange, and any regulations having the force of law;
⦁ impersonate any other person or entity, sell your profile, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
⦁ collect or store any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs;
⦁ try to obtain the Login Credentials or other personal information of other users;
⦁ develop or use fraudulent methods and software to acquire Compensation (defined below);
⦁ threaten any employee, contractor or agent of Fortunable; and
⦁ use illegal or unacceptable means to acquire more than one (1) bonus/reward per household/IP or use robots to create accounts and generate income. You understand than any bonuses and rewards offered by Fortunable will not be paid to you in the event we determine in our sole discretion, that you have used illegal/unacceptable means to acquire same.
7. USER-GENERATED CONTENT
7.1. Fortunable allows you to make available certain information contained in your User Account and other comments, questions, notes, media, text, graphics, discussions or any other material (“User Content”) you publish on the Website and Services. You shall be solely responsible for the User Content that you post to the Website and Services, including for its legality, reliability, and appropriateness. By posting User Content on the Website and/or Services, you grant Fortunable the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable right/license to fully exploit, use, modify, perform, display, reproduce, and distribute such User Content on and through the Website and Services. You shall retain any and all of your rights to any User Content you submit, post or display on or through the Website and Services and you shall be solely responsible for protecting those rights.
7.2. You represent and warrant that:
- the User Content belongs to you (i.e. you own it) or that you have the right to use it (e.g. as licensee) and grant Fortunable the rights and (sub-)license as granted by you under Section 7.1 of these Terms, and
- the posting of User Content on or through the Website and Services oes not violate (a) Fortunable ’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights, (b) privacy rights, publicity rights, copyrights, contract rights or any other rights of Fortunable or of any third party.
7.3. Fortunable reserves the right to block or remove User Content that Fortunable determines to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of Fortunable ’s Intellectual Property Rights (defined below) or of any third party’s intellectual property rights or; (iv) offensive or otherwise unacceptable to Fortunable in its sole and exclusive discretion. Fortunable acknowledges that, by providing you with the ability to view and distribute user-generated content on the Website and Services, Fortunable is merely acting as a passive conduit for such distribution and is not assuming any obligation or liability relating to any contents or activities or transactions on the Website and Services.
8.1. Payment Threshold. In consideration of completing Surveys, you acknowledge and understand that prior to Fortunable transferring payment to you, of the relevant cash reward/incentive/compensation for the completion of the applicable Survey (“Compensation”), you must first meet and earn above the minimum compensation amount, applicable to your jurisdiction (“Payment Threshold”). The Payment Threshold is published on the payment page of the Website and varies from country to country.
8.2. On reaching the applicable Payment Threshold, you may request Fortunable to release/withdraw your funds held under your Use Account. Upon receipt of such request, and providing that all terms under these Terms have been satisfied, Fortunable will make payment to you within ten (10) business days.
8.3. You agree that the Compensation you receive for completing any and all Surveys through the Services on the Website, is the only Compensation you will receive from Fortunable or Fortunable’s Third Party Providers for completing the Surveys.
8.4. A valid payment method, including PayPal or Paysera account is required to process the payment of your Compensation for the Services. Fortunable will either process your payment directly or via one of Fortunable’s Third Party Provider/payment processor, namely Cint AB (available at www.cint.com).
8.5. You shall be responsible for providing Fortunable with true, current, complete and accurate payment and contact information and for notifying Fortunable of any changes to such information.
8.6. Fortunable may in its sole discretion and at any time, modify the Payment Threshold, for any reason in Fortunable’s sole discretion and without liability to you. For the sake of clarity, any modifications to the Payment Threshold will not affect the Compensation that you have accumulated from completing Surveys, prior to such modification.
8.7. You acknowledge and understand that all Compensation amounts are subject to change as may be necessary to comply with applicable laws or regulations or for any other reason as determined by Fortunable in its sole discretion. As such, Fortunable reserves the right to change, suspend, cancel all or a portion of the Compensation you have accrued, at any time.
8.8. Invalid/No Compensation. You acknowledge, understand and agree that you will not receive any Compensation for completing the Surveys, and therefore forfeit your right to receive any Compensation, if:
⦁ you choose to not complete a Survey invitation sent to you by Fortunable;
⦁ your responses to the Survey are determined by Fortunable, in its sole discretion, to be invalid, inappropriate, or untrue;
⦁ you do not have a valid account to receive payments;
⦁ you post material, that advocates illegal activity, or political, religious or ideological beliefs;
⦁ you post any advertising, referrals, promotional materials, junk mail, spam mail, chain letters, pyramid schemes or other content which is considered by Fortunable, in its sole discretion, as a form of solicitation;
⦁ you transmit any User Content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of Fortunable or a third party;
⦁ you engage in any activity that Fortunable deems, in its sole discretion, improper or abusive;
⦁ you breach any terms and conditions of these Terms; or
⦁ for any other reason as determined by Fortunable in its sole discretion.
8.9. Fortunable shall maintain a record of all Compensation credited to and debited from your User Account. Although Fortunable shall make every effort to ensure that your User Account is credited correctly and accurately, you acknowledge and agree that errors may occur. As such, you shall be responsible for verifying the correctness and accuracy of the Compensation you receive. You agree to notify Fortunable or Fortunable ’s Third Party Provider/payment processor, Cint AB, of any payment queries and errors within ten (10) calendar days from the date of payment. Upon receipt of your notice, Fortunable or Fortunable ’s Third Party Provider/payment processor, Cint AB, will investigate your claim and notify you of the decision as soon as reasonably practicable. Any decision by Fortunable with regard to such a claim will be final. Should you not notify Fortunable or Fortunable’s Third Party Provider/payment processor, Cint AB, of any payment queries and/or errors, such absence of notification on your part shall be deemed to constitute your waiver of your right to dispute such queries and errors at a later date.
8.10. Compensation received for completing Surveys are non-transferable, non-assignable, may not be bartered or sold to a third party, and may not be pledged to a third party or otherwise by operation of law.
8.11. Taxes. Unless stated otherwise on the Website or under these Terms, all Compensation due to you by Fortunable for your use of and access to the Website and Services, shall be exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, whether disputed or not, including any value-added, sales, use or withholding taxes, assessable by any jurisdiction (“Taxes”). You shall be responsible for the payment of any and all Taxes (except for those based on Fortunable’s income) associated with the Compensation you receive whilst using the Services on the Website. You hereby indemnify and hold Fortunable harmless from the payment of any Taxes and costs associated with the collection or withholding thereof, including penalties and interest. If Fortunable is under a legal obligation to pay or collect Taxes for which you are responsible under this Section 8.10, the applicable amount shall be invoiced to and paid by you unless you provide Fortunable with a valid tax exemption certificate from the applicable taxing authority.
9. COPYRIGHT AND INTELLECTUAL PROPERTY
9.1. You acknowledge and understand that all Materials (defined below) that are made available to you via the Website and Services is owned by or licensed to Fortunable, and is for non-commercial, informational, and personal purposes only. All rights are reserved by Fortunable.
9.2. All content, videos, surveys, images, materials, trademarks, third party logos and names, data, software, or information contained in any materials, or documents used by Fortunable in relation to the Website and Services, including, but not limited to, any and all copyrighted works, databases, text, tools, software, technology, algorithms, graphics, icons, designs, logos, hyperlinks, domain names, codes, and agreements (“Materials”), are the sole and exclusive property of or are licensed to Fortunable and as such all updates and modifications to the Website and Services will vest in Fortunable or Fortunable’s licensors. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without our prior written permission.
9.3. Any and all intellectual property rights in the Materials, Website and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Fortunable’s Intellectual Property Right(s)”), vests solely and exclusively in Fortunable, its group affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by Fortunable to you are reserved by Fortunable. Save as expressly set out herein, you shall not acquire any right, title or interest in Fortunable’s Intellectual Property Rights.
10. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that your access to and use of the Website and Services will:
⦁ be in accordance with these Terms;
⦁ comply with all applicable laws, regulations and rules (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data);
⦁ not be for any unlawful purposes;
⦁ not entail, imply or give rise to the publication of any illegal content;
⦁ not further any illegal activities;
⦁ not infringe upon or misappropriate any Fortunable’s Intellectual Property Rights or any third party’s intellectual property rights;
⦁ will not involve uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any third party; and
⦁ not be used to create, distribute, facilitate or operate in conjunction with malware, spyware, adware, or other malicious programs or code.
11. DISCLAIMER OF WARRANTIES
11.1. Unless otherwise provided under these Terms, the services shall be provided by Fortunable to you “AS IS,” and “AS AVAILABLE” with all faults, defects, bugs, and errors. You expressly agree that your use of the Website and Services is at your sole risk.
11.2. FORTUNABLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION. SUCH EXCLUSIONS OF IMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW.
11.3. FORTUNABLE AND/OR ITS GROUP AFFILIATES (IF ANY), LICENSORS, THIRD-PARTY PROVIDERS, AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND SERVICES FOR ANY PURPOSE. FORTUNABLE AND/OR ITS GROUP AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
11.4. YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
11.5. NEITHER FORTUNABLE NOR ITS GROUP AFFILIATES (IF ANY), LICENSORS, THIRD PARTY PROVIDERS, AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
11.6. FORTUNABLE PROVIDES YOU WITH THE SERVICES ON THE WEBSITE IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) ANY DEFECTS ON THE WEBSITE AND/OR SERVICES WILL BE CORRECTED, OR (IV) THE WEBSITE AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
11.7. THE INFORMATION FOUND ON THE WEBSITE AND WITHIN THE SERVICES ARE FOR INFORMATIONAL, NON-COMMERCIAL AND PERSONAL PURPOSES ONLY. FORTUNABLE WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF YOUR USE OF SUCH INFORMATION. ALL INFORMATION AND CONTENT ON THE WEBSITE AND THE SURVEYS IS COPYRIGHTED, AND MAY NOT BE REPUBLISHED, COPIED, SOLD OR POSTED ANYWHERE ONLINE OR IN PRINT. FORTUNABLE RESERVES THE RIGHT TO TAKE THE NECESSARY LEGAL ACTION TO PREVENT YOU FROM (RE)-PUBLISHING, COPYING, SELLING, POSTING OR PRINTING ANY COPYRIGHTED INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE AND SERVICES.
11.8. FORTUNABLE DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS OR PROFITS WILL BE OBTAINED BY YOU AS A RESULT OF USING THE WEBSITE AND SERVICES. AS SUCH, FORTUNABLE WILL NOT BE LIABLE FOR ANY FAILURE, OR ANY LOSS OR DAMAGES INCURRED/SUSTAINED BY YOU AS A RESULT OF YOUR USE OR INABILITY TO USE THE WEBSITE AND SERVICES.
11.9. FORTUNABLE ALSO MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE WEBSITE, SERVICES OR CONTENT, OR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE ON THE WEBSITE AND SERVICES.
11.10. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH INFORMATION, MATERIALS OR DATA.
11.11. You agree that Fortunable is not responsible for the loss or impairment of any Compensation, prizes, or credits, regardless of monetary value, in the event there is any: change in the value of the Compensation (as determined in Fortunable’s sole and absolute discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for Fortunable to determine the balance or value of the Compensation in your User Account.
12.1. You agree to indemnify and hold Fortunable harmless from and against any liability, demand, damages, cost, or expense arising from any third party claim based on: your violation of these Terms; your use or misuse of the Website, and/or your infringement of Fortunable’s Intellectual Property Rights. Fortunable shall indemnify and hold you harmless from and against any liability or expense arising from a third party claim based on any Negligence of Fortunable. “Negligence” shall mean gross negligence or intentional misconduct.
12.2. In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.
13. LIMITATION OF LIABILITY
13.1. FORTUNABLE, ITS AFFILIATES (IF ANY), ITS LICENSORS, THIRD PARTY PROVIDERS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OF THE SERVICES, EVEN IF FORTUNABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. WHILE FORTUNABLE TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, FORTUNABLE AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE AND/OR THROUGH YOUR USE OF THE SERVICES.
13.3. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF PRIVACY, CONFIDENTIAL INFORMATION AND PROPERTY. FORTUNABLE SPECIFICALLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, ORAL OR IN WRITING, CONCERNING THE VIABILITY OR COMPLIANCE WITH APPLICABLE LAWS OF THE SERVICES IN A PARTICULAR COUNTRY, TERRITORY, OR REGION.
13.4. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, FORTUNABLE , ITS AFFILIATES (IF ANY), ITS LICENSORS, THIRD-PARTY PROVIDERS, AND ITS VENDORS, AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, AND IF FOUND LIABLE, SUCH LIABILITY SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED UNITED STATES DOLLARS ($100,00).
13.5 IN ACCORDANCE WITH SECTION 3.2 OF THESE TERMS, YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FORTUNABLE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY PROVIDER SUPPLYING A PORTION/PART OF THE SERVICES UNDER THESE TERMS.
14. LINKS TO THIRD-PARTY WEBSITES
15. COOKIES AND SIMILAR TECHNOLOGIES
17. GOVERNING LAW AND JURISDICTION
These Terms shall be construed, governed, and enforced in accordance with the laws of Denmark.
The Courts in Denmark shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement. Both Parties hereby submit to the jurisdiction of said Courts for purposes of any such suit or proceeding and waive any claim that any such forum is an inconvenient forum.
18. DISPUTE RESOLUTION
In the event of any disagreement between the Parties with respect to the interpretation and implementation of any aspect of these Terms, the Parties agree to discuss in good faith to reach an amicable resolution prior to starting any litigation/legal proceedings against each other. As such, you agree to first try to resolve the dispute by contacting Fortunable at firstname.lastname@example.org.
If any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render the remaining provisions of these Terms unenforceable or invalid, and, in such event, such remaining provisions shall be changed and interpreted to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decision(s).
20. NO WAIVER
Each Party agrees that any delay or omission on the part of the other Party to exercise any right, power or remedy under these Terms will not automatically operate as a waiver of such right, power or remedy or any other right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving Party. Further the waiver or the single or partial exercise of any right, power, or remedy by either party hereunder on one occasion will not be construed as a bar to a waiver of any successive or other right, power, or remedy on any other occasion.
Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to email@example.com.
22. ENTIRE AGREEMENT
These Terms represent the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.
23. AMENDMENTS TO THESE TERMS
Fortunable reserves the right to update and change these Terms from time to time in Fortunable’s sole discretion. The changed Terms will have an updated ‘revised’ date that will be visible on top of this page. The updated version will be effective as soon as it is published on Fortunable’s Website.
You shall be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. If there are any terms and conditions you do not agree with, please discontinue using the Website and Services immediately.
24. CONTACT US
If you have any questions about Fortunable’s Terms and/or issues or concerns with the Website and/or Services, you can contact Fortunable via email at: firstname.lastname@example.org. We will get back to you as quickly as possible!