Terms of Service


These Terms of Service (“Terms”) govern your access to and use of Founder2be's (aka LeapSpark Oy) (the "Company") services and websites, including elements rendered by Founder2be on partner websites (the “Services”), and any information and materials thereon (“Content”). By accessing or using the Services you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from accessing or using the Services.


Basic Service

Company provides its users with the ability share and discuss ideas, and to find and connect with other users based on their experiences, skills, and other provided profile information. Company’s goal is to enable people to find like-minded individuals to take the first steps towards starting a project, a start-up or company together.

You may use the Services only if you are ages 18 and over, can form a binding contract with Company, and agree to these Terms.

You are responsible for your use of the Services, for any Content you provide to and via the Services, and for any consequences thereof. You should only provide Content that you are comfortable sharing with others under these Terms.

The Services provided by Company may continue to evolve and the form and nature of the Services may change from time to time without prior notice. Also, we may stop providing the Services in their entirety or any features within (permanently or temporarily) and may not be able to provide prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.

The Services may include advertisement, which may be targeted to the Content on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. You agree that Company and its partners, third party providers and other affiliates may place such advertising on the Services.


Use of Services

Company reserves the right (but has no obligation) to remove any Content, terminate user accounts or reclaim usernames.

Your use of the Services is at the sole discretion of Company. We may deny you further use of the Services at any time, for any reason, with or without cause, including, without limitation, for your violation of these Terms, failure to provide accurate registration data, misuse of the service, or any other reason. Your use of the Services must always comply with applicable law. You agree not to use the Services to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, post unlawful, harmful or obscene content, post content that infringes trademarks or copyrights, post spam, viruses or otherwise malicious content, or crawl the Service other than in accordance with the provisions of the robots.txt file. Scraping the Service without the prior consent of Company is expressly prohibited.

We also reserve the right to access, read, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Company, its users and the public.

Unauthorized uses of the Services include without limitation, harassing other users, collecting usernames, email addresses, or other personal information of members for any commercial purpose, including without limitation advertising, marketing, and sending of unsolicited communications about any goods or services. You may not use the Service to advertise or market goods, services, or to circulate petitions, request donations, offer club memberships, distribute chain letters, or otherwise solicit users. The sole permissible instance to contact members through Service is with the purpose to find users with complementary skills to explore opportunities to start working together on a project, a start-up, or another company with other users of this Service, as private individuals.

You are not authorized to present the Service, or any part of it, in an embedded format such as in a "frame" or inline link on any other site, unless explicitly authorized to do so in writing by Company.

You may not attempt to copy, decode, reverse-engineer, decompile or disassemble the software used by Company to provide the Service. You may not copy, clone, or otherwise reproduce the Service, either in part or in whole, nor any of its Contents. You may not interfere with, or disrupt, or attempt to do so, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.


Commercial Use

For the avoidance of doubt: You are strictly forbidden from selling or trying to sell commercial services to 'help' other users with their startup ideas. The only permissible way to offer company services to our community members is by means of sponsorship of our newsletter. If you get reported for trying to sell your services, your account will be terminated, and you will be invoiced the newsletter sponsorshp fee of US$499 (excl. VAT). By accessing or using our Services, you explicitly agree to this charge applicable to providers of commercial services. In case of non-payment, we will employ the services of a trusted international collection agency. You agree to cover any additional agency costs (typically 30-50% depending on your country) arising from collection as well. We have zero tolerance for Terms of Service violations in this matter. The well-being of our community of individuals looking for true co-founders is our top priority.


User Information

To register for the Service you must provide a screen name, the city and your country of residence, email address, password, a role which describes your skills and expertise best, as well as your first name and last name. You may provide additional information such as your birthday, skills, expertise, motivation, interests, experience, and other information about yourself which you consider relevant or useful for other users to be able to make a decision about contacting you via the Service. Company may add or remove fields at any time. The mandatory and optional information you provide for your profile are your "Profile Information". You represent that your Profile Information is true, correct and up-to-date.

We will treat your Profile Information in accordance with our privacy policy. You are responsible for keeping your password secure and for ensuring that your email address is up-to-date. You agree to receive to the email address last provided, any communications that we are required or choose to send to you. You will promptly notify Company if you discover any unauthorized use of your User Information.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections. The main form of identity management is your email address. Please always use a valid and up-to-date email address.


User Submitted Content

As you use the Service, you may submit content ("User Submitted Content"). User Submitted Content is an integral part of the Content on the Services and includes Profile Information as well as ideas, comments, startup news articles, and other content.

User owns all User Submitted Content that the User submits to the Site. The User hereby grants and agrees to grant Company a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store User Submitted Content and to allow others to do so (“Content License”) in order to provide the Services. This includes the ability for users of the Site to share User Submitted Content and publish it on third-party websites. On termination of User’s membership to the Site and use of the Services, Company shall make all reasonable efforts to promptly remove from the Site and cease use of the User Submitted Content. However, User recognizes and agrees that caching of or references to the User Submitted Content may not be immediately removed. User warrants, represents and agrees that User has the right to grant Company the rights set forth above. User represents, warrants and agrees that it will not contribute any User Submitted Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless User owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information, or (f) remains posted after User has been notified that such User Submitted Content violates any of the foregoing.

Company reserves the right to remove any User Submitted Content from the Site, suspend or terminate User’s right to use the Services at any time, or pursue any other remedy or relief available to Company under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submitted Content or if Company is concerned that User may have breached the immediately preceding sentence), or for no reason at all.


Links

The Services may contain links to third-party websites. These linked websites are not under the control of Company and we are not responsible for your use of third-party services. Links to such websites do not imply any endorsement by Company of such websites or services provided thereon. You acknowledge and agree that Company is not responsible nor liable for the availability or accuracy of such websites or the services provided thereon. You should review the terms and the privacy policy of the corresponding third-party provider(s) before you use their services. You acknowledge sole responsibility for and assume all risk arising from your use of any such services.


Disclaimer of Warranties

Your access to and use of the Services or any Content is at your sole risk. This web site and Service, information and materials thereon are provided to you on an "as is" and “as available” basis. Without limiting the foregoing, Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Company does not warrant or make any representations concerning the accuracy, availability, timeliness, security, likely results, or reliability of the Services or any content provided thereon. Company will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. Company makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advise or information, whether oral or written, obtained from Company or through the Services, will create any warranty not expressly made herein.


Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED €10,00.


Indemnification

By accepting these Terms, you agree to indemnify and otherwise hold harmless Company, its officers, directors, employees, contractors, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, costs, expenses, and claims resulting from i) your use of the Service, materials contained in it, and any sites linked to it; ii) unauthorized access to or alteration of your communications with or through the Service, iii) any other matter relating to Service, or iv) your breach of any representation, warranty or material provision of these Terms. Any transactions including but not limited to starting work together on projects, start-ups, companies, or otherwise, which may arise between users from their use of the Service are the sole responsibility of the users involved, and Company disclaims any and all responsibility for such transactions.


Trademarks

Company, the Company logo, and other Company logos and names are trademarks of Company. All right, title, and interest in and to the Services are and will remain the exclusive property of Company and its licensors. The Services are protected by copyright, trademark, and other laws of Finland and foreign countries. Nothing in the Terms gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. You agree not to display or use these trademarks in any manner without our prior written permission.


Payments and Fees

Company offers select functionality free of charge to its users. Company offers additional services for a fee on subscription basis (“Premium Services”).

Premium Services are provided “AS IS” with no warranties of any kind. Company may modify and/or eliminate Premium Services at its discretion. You understand and agree that the payment for Services grants you a limited license to use the Premium Services as specified on the site.

All fees are in Euro unless expressly stated otherwise. These services can be paid for using credit card or PayPal. You agree to Company respectively PayPal storing your credit card information and other payment details as necessary to charge for Premium Services.

Company reserves the right to bill premium accounts for services. You agree to pay the applicable fees for Premium Services as they become due including all related taxes. You represent to the Company that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the Premium Services. You agree to reimburse Company for all collection costs and interest for any overdue amounts.

Company may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site.

All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Company reserves the right to terminate services to any delinquent account.


Privacy

In order to protect your privacy and that of all other users of the Service, you are prohibited from disclosing personally identifiable information such as email address, Twitter handle, profile pages on other sites, phone number or similar to other users by including them, for example, in fields of your Profile Information not explicitly meant for this purpose, when publishing ideas or commenting on ideas. You may only disclose such personally identifiable information through the built-in messaging system on the Service when directly communicating with another user.

Please review our Privacy Policy, which governs the use of personal information on the Service and to which you agree to be bound when using the Services.


Waiver and Severability

The failure of Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision will be deemed severable from these Terms. Any remaining provisions of these Terms will not be affected and will remain valid and in full force and effect.

The section titles of these Terms are displayed for convenience only and have no legal effect.


Feedback

Any feedback, comments, or suggestions you may provide regarding the improvement of Services is entirely voluntary. We will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.


Termination

Company may terminate your use of the Service for any reason or no reason, at any time, with or without notice. Termination of your account includes disabling your access to Services and may also prevent you from any future use of the Services. Also, you may terminate your use of the Service at any time. In the event of termination, whether by you or by Company, your responsibility for your past use of the Services will survive, including without limitation your warranty and indemnity obligations.


Controlling Law and Jurisdiction

These Terms and any action thereto will be governed by and construed in accordance with the laws of Finland, without regard to or application of its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Helsinki, Finland. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and waive any objection as to inconvenient forum and jurisdiction based on your place of domicile or residence.


Entire Agreement

These Terms and our Privacy Policy constitute the entire and exclusive agreement between Company and you regarding the Services (excluding any services for which you have a separate agreement with Company that is explicitly in addition or in place of these Terms). In case of any conflict between these Terms and another written agreement between you and Company, these terms will be controlling. These Terms supersede and replace any prior agreements between Company and you regarding the Services.

Company reserves the right to modify these Terms from time to time, for any reason, without notice. The most current version will always be at www.founder2be.com/terms. It is your responsibility to check for changes. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by LeapSpark Oy, Helsinki, Finland. Should you have questions or concerns about these Terms, please contact us by filing a support request through our help center.

Effective Date: January 1st, 2011