The Future in Black
Terms of Use
Welcome to The Future in Black! These Terms of Use (these “Terms”) are agreed between you and The Future in Black (“TFIB,” “we,” or “us”). These Terms govern your access to and use of the website located at thefutureinblack.com, including any content and services, and any other website or online services we operate that link to these Terms (collectively, the “Services”).
Please review these Terms carefully before using the Services. They contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.
CHANGES TO TERMS
We may change these Terms or modify any features of the Services at any time. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Services.
PRIVACY
All personal information we may collect on the Services, including information you provide and. information collected by us through your use of any features on the Services, is subject to our Privacy Policy. By accessing, submitting information to, or otherwise using the Services, you accept and agree to be bound by and comply with these Terms and acknowledge that you have read and understand our Privacy Policy. If you do not agree to these Terms, or if you do not agree with our Privacy Policy, you must not access or use the Services.
ELIGIBILITY
You must be at least 13 years of age to access and use the Services. By accepting these Terms, you represent and warrant that you are at least 13 years of age or older if required by your jurisdiction’s age of legal majority. You must not access or use the Services if you do not meet these requirements. We may refuse access to the Services to anyone at any time.
CONTENT
The Services are available only for your personal and informational purposes. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of the information and other materials made available through the Services. TFIB is not responsible for your use of any information or materials contained in its Services. The Services may contain. links to third-party content. We do not control, endorse, sponsor, recommend, or accept responsibility for such content. Any reliance you place on third-party information is strictly at your own risk.
INTELLECTUAL PROPERTY
The Services and all rights to its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TFIB, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company name, THE FUTURE IN BLACK,™ and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans made available through the Services are the trademarks of their respective owners.
USE OF THE SERVICES
You may access and use the Services only for lawful purposes, for your personal, non-commercial uses, and in accordance with these Terms. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party or interfere with the operation of the Services. You will not use the Services in a manner that violates any applicable federal, state, local, or international law or regulation. For example, and without limitation, you may not:
● impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
● engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
● transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
● take any action that imposes an unreasonable or disproportionately large load on our. network or infrastructure;
● use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
● use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services;
● attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
● distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam);
● submit content that infringes on the copyright, trademark, patent, or other intellectual property rights of any third party;
● submit content that is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually explicit; and
● submit content that violates a third party’s right to privacy or publicity or degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification.
DISCLAIMER OF WARRANTIES YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE
PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY,
CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES
OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES OR THAT THE
FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS, OR ERROR-FREE. WE
EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE
CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO
OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
THAT CAN BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITIES
IN NO EVENT WILL WE, OR OUR OWNER, SUBSIDIARIES, AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION
WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE
SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF
DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER
UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA
COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold us and our owner(s), subsidiaries, affiliates, directors,
officers, employees, agents, and assigns harmless from and against any and all loss, costs,
expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities
related to or associated with your use of the Services and any alleged violation by you of these
Terms. We reserve the right to assume the exclusive defense of any claim for which we are
entitled to indemnification under this section. In such event, you shall provide us with such
cooperation as we reasonably request.
GOVERNING LAW AND JURISDICTION
You agree that your access to and use of the Services will be governed by and will be construed
in accordance with the laws of the State of New York without regard to principles of conflicts of
laws. For any claim, cause of action, or dispute you have against us that arises out of or relates
to these Terms, you agree that it will be resolved exclusively in the U.S. District Court for the
Southern District of New York or a state court located in New York County.
MISCELLANEOUS
These Terms constitute the entire agreement between you and us concerning the Services. In the
event any provision of these Terms is held unenforceable, it will not affect the validity or
enforceability of the remaining provisions and will be replaced by an enforceable provision that
comes closest to the intention underlying the unenforceable provision. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and us as a result of
these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does
not waive our right to subsequently enforce any terms or conditions of the Terms or respond to
any violations. Nothing contained in these Terms is in derogation of our right to comply with
governmental, court, and law enforcement requests or requirements relating to your use of the
Services or information provided to or gathered by us with respect to such use.
FEEDBACK
We welcome feedback, ideas, comments, and suggestions for improvements to the Services
(“Feedback”). You can submit Feedback by emailing us at hello@thefutureinblack.com. Any
ideas and suggestions made by you to TFIB or on the Services will be the sole property of TFIB.
You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid,
royalty-free license, with the right to sublicense, under any and all intellectual property rights
that you own or control, to use, copy, modify, create derivative works based upon, sell, publicly
display, distribute, and otherwise exploit the Feedback for any purpose.
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