Terms of Service

 

(1)       OUR TERMS OF SERVICE
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY MANNER, INCLUDING WITHOUT LIMITATION, IN ANY WEBSITE(S), SITE(S) OR PAGE(S) THEREOF, NEWSGROUP, WEBLOG (BLOG), ONLINE PULICATION, BULLETIN BOARD, CHATROOM, MAILING LIST, TRANSACTION, OR OTHER ONLINE FORUM OR CONTENT DISSEMINATION WHATSOEVER (“SITE” OR “SITES”) MADE AVAILABLE AT OR FROM FUTUREPAST.COM, FUTUREPAST: INC., A VIRGINIA CORPORATION, OR ANY AFFILIATED ENTITIES OR INDIVIDUALS THEREOF (COLLECTIVELY “FUTUREPAST”).

BY USING AND PARTICIPATING IN THESE SITES, YOU SIGNIFY THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE REQUESTED TO PROMPTLY EXIT ALL SITES. FUTUREPAST RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ONLINE AT THIS SITE OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS A SITE AFTER NOTICE OF SUCH MODIFICATIONS HAS BEEN PUBLISHED, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THEM.

(2)       CLICK-THROUGH AGREEMENTS
Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

(3)       DISCLAIMER
Sites may include unmoderated reviews, profiles, forums, and other content containing the personal opinions and other expressions of the persons who post entries on a wide range of topics (“USER CONTENT”). Neither the User Content, nor links to other websites, are screened, approved, reviewed or endorsed by FUTUREPAST. Nor is FUTUREPAST a publisher of any of the User Content, or of any content that may be available through links to and from them, and is acting solely as an internet service provider. The text and other materials in this User Content are the opinion of the specific author and are not statements of advice, opinion, or information of FUTUREPAST. If you feel you might be offended by User Content on the Sites, you should not continue.

(4)       PERSONAL LOGIN INFORMATION
Certain features and areas of the Sites are available only with registration, login, such as FUTUREPAST member account information, and/or a paid/unpaid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. FUTUREPAST is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact FUTUREPAST immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

(5)       PRIVACY POLICY
Please be sure to read the FUTUREPAST Privacy Policy, which is incorporated herein by reference.

(6)       PERMISSION TO USE MATERIALS
In consideration for your agreement to the terms and conditions contained here, FUTUREPAST grants you a personal, non-exclusive, non-transferable limited right, exclusively pursuant to the terms and conditions herein, to access and use the Site. You may download material from the Site only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the Site is permissible rests with you.

(7)       RULES FOR ONLINE CONDUCT
(A) You agree to use the Sites in accordance with all applicable laws. You agree that you will not use the Site for organized partisan and/or political activities.

(B) You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through a FUTUREPAST online registration form(s). If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, FUTUREPAST reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites.

(C) You further agree that you will not download, upload, post, email, transmit or otherwise make available (including through attachments) any of the following anywhere on the Site, or on any other FUTUREPAST computing resources:

(i) Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(ii) Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(iii) Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(iv) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and

(v) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

(D) You further agree that you shall not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

(E) Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material. By posting content and information on FUTUREPAST Sites, you give permission for the content to appear on FUTUREPAST, including FUTUREPAST-affiliated sites. Although FUTUREPAST does not routinely screen or monitor content posted by users to the Site, FUTUREPAST reserves the right to remove content which violates the above rules of which it becomes aware, but is under no obligation to do so. To report potential infringements of online conduct, please flag the content as inappropriate or send an email to contactus@futurepast.com. Furthermore, you agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Sites.

(8)       LIMITATIONS OF USE
(A) You may use Sites for legal purposes only. Furthermore, you agree that, if a third-party claims that any material you have contributed to a Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws.

(B) Although FUTUREPAST does not monitor the content of the Site, FUTUREPAST has the right to remove material from the Site, block access, or take other action with respect to the material in its sole discretion, although FUTUREPAST is under no obligation to do so. You may not use FUTUREPAST computing resources or Site to disseminate unsolicited advertising or promotional material of any kind.

(C) Unless otherwise expressly stated herein, or you receive FUTUREPAST’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any of the content thereof, or any portion thereof.

(D) You may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including the content thereof; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other entity’s or person’s use and enjoyment of the Sites.

 

(9)       INTELLECTUAL PROPERTY COMPLAINTS
FUTUREPAST respects the intellectual property rights of others. If you believe your intellectual property has been violated on a FUTUREPAST Site, please contact contactus@futurepast.com. In the case of alleged copyright infringement, please provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

(10)     TRADEMARKS AND PROPRIETARY RIGHTS
The content of the Sites includes, without limitation, (i) FUTUREPAST’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “FUTUREPAST Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “FUTUREPAST Content”). FUTUREPAST Content is the property of FUTUREPAST, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any FUTUREPAST Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if FUTUREPAST is not the owner. Any use of FUTUREPAST Marks without its express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in FUTUREPAST Content, including any such notices appearing on any FUTUREPAST Content you are permitted to download, transmit, display, print, or reproduce from the Sites.

(11)     HYPERLINKS AND CONTENT SHARING
(A) The Sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which FUTUREPAST exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.

(B) Links posted by third parties to the Sites and/or the content thereof may not use any FUTUREPAST trademark or logo and shall not suggest that FUTUREPAST promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. FUTUREPAST reserves the right to require any linking party to disable or remove any link that violates its policies, rights or causes interruption or deterioration of the content of the Sites.

(12)     YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may purchase products or services only through a parent or guardian. You agree that billing and registration information you provide on the Sites will be accurate and complete. FUTUREPAST reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

(13)     ENTIRE AGREEMENT
These Terms, together with any revision, any additional terms or conditions incorporated by reference, and any click-through agreement, constitute the entire agreement between you and FUTUREPAST, including without limitation relating to your use of the Sites, and supersedes any and all prior or contemporaneous written or oral communications, understandings and agreements.

(14)    ERRORS AND OMISSION
The Sites may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability or other reason.

(15)     INDEMNIFICATION
You agree to indemnify and hold FUTUREPAST harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of the Sites or your placement of any content onto any Site, and to fully cooperate in FUTUREPAST’s defense against any such claims.

(16)     SOCIAL MEDIA
FUTUREPAST may provide opportunities for user interaction within its Sites and social media profiles on sites such as Twitter, Facebook, LinkedIn, Instagram, and certain blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. FUTUREPAST is not responsible for content or links posted by others.

(17)     DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THESE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

FUTUREPAST does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any Site, information obtained from a Site, a link to a Site or otherwise. FUTUREPAST does not warrant that Sites will operate in an uninterrupted or error-free manner or that Sites are free of viruses or other harmful components. Use of information obtained from or through these Sites is at your own risk.

YOU AGREE THAT FUTUREPAST WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE A SITE, OR TO YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE. IN PARTICULAR, FUTUREPAST WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE A SITE, OR ANY PURCHASES ON THIS SITE, OR YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

FUTUREPAST makes no representation regarding your ability to transmit and receive information from or through the Sites and you agree and acknowledge that your ability to access the Sites may be impaired. FUTUREPAST disclaims any and all liability resulting from or related to such events.

(18)     CHOICE OF LAW/FORUM SELECTION
You agree that any dispute arising out of or relating to these Terms or any content posted to a Site, including copies and republication thereof, regardless of the basis in law, including without limitation, based in contract, tort, statutory or other law, will be governed by the laws of the Commonwealth of Virginia, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Arlington County, Virginia as the legal forum for any such dispute.

(19)     LAWFULLY PERMITTED EXCLUSIONS
Certain jurisdictions do not allow certain of the foregoing provisions, including for example, the provisions of Paragraphs 15 and 16 above under certain or all circumstances, including exclusions of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you and liability will be limited to the maximum extent permitted by law.

(20)     USE OF WEBSITES AND CONTENT OUTSIDE OF THE UNITED STATES
FUTUREPAST makes no claims regarding access or use of the Sites or the content thereof outside of the United States. If you use or access the Sites or the content thereof outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.

(21)     TERM AND TERMINATION
These Terms of Use will take effect at the time you begin using the Sites. FUTUREPAST reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms. These Terms will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms at any time by ceasing to use the Sites, but all applicable provisions of these Terms will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any content thereof, in your possession.

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