TERMS AND CONDITIONS OF WEBSITE USE
Updated September 2, 2010
This website (the “Website”) is provided by Future Designs, d/b/a Future Designs, and its affiliates and subsidiaries (collectively, “Future Designs” or “we”). Your use of the Website is subject to these Terms and Conditions of Website Use (“this User Agreement”). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about the Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use the Website.
PLEASE NOTE : YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THE WEBSITE.
1. Right to Use the Website
Future Designs grants you a limited, non-exclusive, revocable license for you to use the non-member areas of the Website for your personal entertainment, information, education, and communication, subject to the terms of this User Agreement. The Website contains materials and other items relating to Future Designs and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using the Website, you must respect the intellectual property rights of Future Designs and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2. Ownership of Intellectual Property
All Content is copyrighted, and it is either owned or used with permission by Future Designs. Future Designs disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties.
Except as set forth in this User Agreement or in the text of the Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Future Designs respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
The trademarks, logos, and service marks displayed on the Website are owned by Future Designs and third parties, (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by Future Designs are the property of their respective owners, and are used with permission. Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
3. Online Shopping
The Website may offer online capabilities to purchase products. You must be 18 years of age or older to make any such purchases. Check our online stores for more information on cancellation policies, delivery, returns, and other sales policies. As to products featured on the Website, please note that we make every effort to display as accurately as possible the products that appear on the Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products.
- No Purchases by Minors: By ordering a product online from Future Designs, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product from Future Designs without parental or guardian permission, then the parent or guardian may return the product for a refund according to the posted returns and exchanges policy that relate to that order.
- Taxes: You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products from Future Designs.
- Postage and Handling: Insurance: You are also responsible for paying all postage and handling charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.
- Returns and Warranties: Please review the information available at our online stores regarding our return policies and warranty information.
5. Use Restrictions
You agree that you will not: (a) use the Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on the Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with the Website that could harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a users access to the Website or the proper operation of the Website. You also agree that, in using the Website, you will not impersonate any person or entity.
6. Community Features; Code of Conduct
Future Designs may elect to offer community features on the Website such as message or bulletin boards, forums, posting boards, e-cards, stories and chat rooms, including, without limitation, those features contained in the “Open your Locker” section of the Website. Future Designs will not assume any obligation to post, monitor, filter, censor, edit, or regulate information or content provided by you or third parties on the Website, although Future Designs reserves the right to do so in its sole discretion. Future Designs does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you upload or post to the Website, you represent and warrant to Future Designs that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to the Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).
Future Designs reserves the right, in its sole discretion, to adopt additional rules and/or amend these rules and to condition access to any such features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Future Designs also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on the Website that violate this User Agreement and to deny access by any user to the Website.
7. Investigations; Cooperation with Law Enforcement; Termination
Future Designs reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of the Websites security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue the Website or terminate your access to it at any time, without notice.
8. Privacy and Security Measures
Future Designs must collect certain information in order to operate the Website and to fulfill your requests or enable participation in certain online activities. But Future Designs respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites.
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect credit card data during transmission [Is this true?], and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.
9. Disclaimers and Limitation of Liability
The Website may include technical inaccuracies or other errors, and your use and browsing of the Website is at your risk. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Future Designs DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL CONTAINED ON IT RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN Future Designs WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, Future Designs WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We make every effort to ensure that all information presented on this web site is accurate. However, there is a possibility that buried within these many product descriptions and web pages that there may be a mistake. If you encounter information that is incorrect or inaccurate, please notify us and we will correct it promptly. Please note that product images may represent a product line and not necessarily the particular item you’ve selected to view. Please call us at 305-552-7360 or email us at SALES@futuredesigns.us prior to ordering- if you have any questions. We are not responsible for orders that the computer calculates incorrectly. In such instances, customers will be given the option to purchase the item at the correct price, or to cancel the order .
Computer monitors have inherent limitations, and electronically reproducing color on the Internet is imprecise. Therefore, we cannot guarantee you that the colors displayed on our website accurately portrays the color. Computer Monitors display up to millions of colors and the human eye can only decipher a very small fraction of those colors. And within that small fraction, we all see them differently. Also, people’s monitor setting may influence how colors are displayed.
10. Links by You to the Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to the Website, so long as: (a) the links are only to the home page of the Website, (b) the links only incorporate text, and do not use any Trademark, (c) the links and related content on your site do not suggest any affiliation with or endorsement by Future Designs or cause confusion among consumers, (d) the links and related content on your site do not portray Future Designs or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
11. Links on the Website to and from Other Sites
12. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout the Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Future Designs disclaims all liability in connection with therewith.
13. Procedure for Alleging Copyright Infringement
Future Designs will respond appropriately to notices of alleged copyright infringement that comply with the procedure set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Website, then send us a written notice that includes all of the following:
a legend or subject line that says: “Copyright Infringement Notice”;
a description of the copyrighted work that you claim has been infringed;
the URL of the site and a description of where the material that you claim is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
(vii) your electronic or physical signature.
Future Designs will only receive copyright infringement notices by mail, e-mail, or facsimile at the addresses below:
By Mail : Future Designs
By E-Mail : email@example.com
By Facsimile : (305) 552-7361 fax
Future Designs may elect to not respond to copyright infringement notices that do not comply with all of the foregoing requirements. If you have additional questions you may telephone Future Designs at (305) 552-7360 .
14. Content Submitted or Made Available for Inclusion on the Website
Future Designs does not claim ownership of content you submit or make available for inclusion on the Website, including, without limitation, content provided for inclusion in the “Open your Locker” section of the Website, such as stories, e-cards, letters, layouts or photographs. Future Designs reserves the right to monitor such content and not to post or remove such content from the Website. However, with respect to content you submit or make available for inclusion on the Website, you grant Future Designs the following world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Website. This license(s) exists only for as long as you elect to continue to include such content on the the Website, and will terminate at the time you remove or Future Designs removes such content from the Website.
15. General Provisions
You agree to indemnify, defend, and hold harmless Future Designs (which includes Future Designs’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of the Website, content you submit, post, transmit or make available through the Website, your breach of this User Agreement or your violation of any rights of third parties, including without limitation their intellectual property rights.
B. Changes to the Website and this User Agreement
Future Designs may, in its sole discretion, make changes to any aspect of the Website, including, without limitation, any Content, any activities available on the Website, and any products or services offered through the Website. Future Designs may also, in its sole discretion, modify this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of their posting. Continued use of the Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
Future Designs controls and operates the Website from its headquarters in Miami-Dade County, Florida, in the United States of America, and Future Designs makes no representation that the Website is appropriate or available for use beyond the United States of America. If you use the Website from other locations, you are responsible for compliance with applicable local laws. Although Future Designs products and services are available in many parts of the world, the Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
D. Governing Law; Choice of Forum
This User Agreement is governed by the laws of the State of Florida and applicable federal laws of the United States of America. Any legal action or proceeding relating to the Website, this User Agreement, or the Content (an “Action”) must be brought in a federal or state court sitting in Miami-Dade County, Florida and you agree that any Action may be heard and determined in any such court. Accordingly, you consent to the personal jurisdiction of the federal or state courts sitting in Miami-Dade County, Florida with respect to any Action and waive your rights to removal or consent to removal. To the extent you may effectively do so, you hereby waive the defense of an inconvenient forum to the maintenance of any Action in Miami-Dade County, Florida.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
F. Waiver of Jury Trial
YOU AND Future Designs HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THE WEBSITE, THIS USER AGREEMENT, ANY SERVICE PROVIDED OR TRANSACTION EFFECTED UNDER THIS USER AGREEMENT, THE CONTENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER ORAL OR WRITTEN), OR ACTION OF EITHER PARTY RELATING TO THE WEBSITE, THIS USER AGREEMENT, OR THE CONTENT. YOU ACKNOWLEDGE THAT THIS PROVISION IS A MATERIAL INDUCEMENT TO US TO ALLOW YOU TO USE THE WEBSITE.
The catalogs contain accumulated data. New information is constantly being uncovered through research and testing, which may modify the data given herein. The data and suggested applications contained in these catalogs, as well as any additional information our representative may be able to furnish, are for general information only.
Future Designs claims to supply the best possible products at all times. For this reason, Future Design reserves the right to make changes in its products when it believes such changes will improve its products.
The specifications and information shown in this catalog are believed to be accurate. Although Future Design believes this information to be correct, no warranty is made or implied as to the accuracy of this information and Future Design does not accept or assume responsibility or liability for errors, changes, omissions, or for harm resulting therefrom.