1. Your Acceptance
By downloading, using or Visiting this website or any other
Future Today Inc. website, mobile applications, OTT
applications, and Connected TV applications(collectively, Future
Today Services), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND
CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS
OF FUTURE TODAY’S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://futuretodayinc.com/privacy, AND WHICH ARE INCORPORATED
HEREIN BY REFERENCE. If you do not agree to any of these terms,
then please do not use the Future Today services.
2. Future Today Services
These Terms of Service apply to all users of the Future Today
services, including users who are also contributors of video or
text content, information, and other materials or services on
the Services. The Future Today Services may contain links to
third party services that are not owned or controlled by Future
Today. Future Today has no control over, and assumes no
responsibility for, the content, privacy policies, or practices
of any third party services . In addition, Future Today will not
and cannot censor or edit the content of any third-party service
. By using Future Today Services, you expressly relieve Future
Today from any and all liability arising from your use of any
third-party service. Accordingly, we encourage you to be aware
when you leave the Future Today Services and to read the terms
and conditions and privacy policy of each other service that you
visit.
3. Access
1.Future Today hereby grants you permission to use Future Today
Services as set forth in this Terms of Service, provided that:
(i) your use of the Future Today Services as permitted is solely
for your personal, noncommercial use; (ii) you will not copy or
distribute any part of the Future Today Services in any medium
without Future Today’s prior written authorization; (iii) you
will not alter or modify any part of the Future Today Services
other than as may be reasonably necessary to use the Future
Today Services for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of
Service.
2.In order to access some features of the Future Today Services,
you may have to create an account. You may never use another’s
account without permission. When creating your account, you must
provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and
you must keep your account password secure. You must notify
Future Today immediately of any breach of security or
unauthorized use of your account. Although Future Today will not
be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of Future Today or
others due to such unauthorized use.
3.You agree not to use or launch any automated system, including
without limitation, “robots,” “spiders,” “offline readers,”
etc., that accesses Future Today Services including Future
Today’s Website in a manner that sends more request messages to
the Future Today’s servers in a given period of time than a
human can reasonably produce in the same period by using a
convention on-line web browser. Notwithstanding the foregoing,
Future Today grants the operators of public search engines
permission to use spiders to copy materials from the site for
the sole purpose of creating publicly available searchable
indices of the materials, but not caches or archives of such
materials. Future Today reserves the right to revoke these
exceptions either generally or in specific cases. You agree not
to collect or harvest any personally identifiable information,
including account names, from Future Today Services, nor to use
the communication systems provided by the Future Today Services
for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Future
TodayServices with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Future Today Services, except all User
Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like (“Content”) and the
trademarks, service marks and logos contained therein (“Marks”),
are owned by or licensed to Future Today, subject to copyright
and other intellectual property rights under United States and
foreign laws and international conventions. Content on the
Future Today Services is provided to you AS IS for your
information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective
owners. Future Today reserves all rights not expressly granted
in and to the Website and the Content. You agree to not engage
in the use, copying, or distribution of any of the Content other
than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained
through the Website for any commercial purposes. If you download
or print a copy of the Content for personal use, you must retain
all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with
security related features of the Future Today Services or
features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Future Today Services or
the Content therein.
5. User Submissions
1.Future Today may now or in the future permit the submission of
videos or other communications submitted by you and other users
(“User Submissions”) and the hosting, sharing, and/or publishing
of such User Submissions. You understand that whether or not
such User Submissions are published, Future Today does not
guarantee any confidentiality with respect to any submissions.
2.You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In
connection with User Submissions, you affirm, represent, and/or
warrant that: (i) you own or have the necessary licenses,
rights, consents, and permissions to use and authorize Future
Today to use all patent, trademark, trade secret, copyright or
other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service;
and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in
the User Submission to use the name or likeness of each and
every such identifiable individual person to enable inclusion
and use of the User Submissions in the manner contemplated by
the Future Today Services and these Terms of Service. By
submitting the User Submissions to Future Today, you hereby
grant Future Today a worldwide, non-exclusive, royalty-free, sub
licensable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the Future Today
Services and Future Today’s (and its successor’s) business,
including without limitation for promoting and redistributing
part or all of the Future Today Services (and derivative works
thereof) in any media formats and through any media channels.
You also hereby grant each user of the Future Today Services a
non-exclusive license to access your User Submissions through
the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under
these Terms of Service. The foregoing license granted by you
terminates once you remove or delete a User Submission from the
Future Today Website.
3.In connection with User Submissions, you further agree that
you will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are
the owner of such rights or have permission from their rightful
owner to post the material and to grant Future Today all of the
license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage Future Today or any third
party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate; (iv)
post advertisements or solicitations of business: (v)
impersonate another person. Future Today does not endorse any
User Submission or any opinion, recommendation, or advice
expressed therein, and Future Today expressly disclaims any and
all liability in connection with User Submissions. Future Today
does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and Future Today
will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on
another’s intellectual property rights. Future Today reserves
the right to remove Content and User Submissions without prior
notice. Future Today also reserves the right to decide whether
Content or a User Submission is appropriate and complies with
these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such
as, but not limited to, pornography, obscene or defamatory
material, or excessive length. Future Today may remove such User
Submissions and/or terminate a User’s access for uploading such
material in violation of these Terms of Service at any time,
without prior notice and at its sole discretion.
4.Copyright owner or an agent thereof who believe that any User
Submission or other content infringes upon your copyrights may
submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing our Copyright Agent with the
following information in writing ( see 17 U.S.C 512(c)(3) for
further detail):
(i) A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site;
(iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Such written notice should be sent to our designated agent as
follows:
Future Today Inc. 3705 Haven Ave, Suite 133 Menlo Park, CA
94025. Email: copyright@ifood.tv
Please also note that under Section 512(f) any person who
knowingly materially misrepresents that material or activity is
infringing may be subject to liability.
Future Today may, in appropriate circumstances, terminate
authorization of users to its Website who are repeat infringers.
Counter-Notification
If you elect to send us a counter notice, to be effective it
must be a written communication provided to our designated agent
that includes substantially the following (please consult your
legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm
these requirements):
(i) A physical or electronic signature of the subscriber.
(ii) Identification of the material that has been removed or to
which access has been disabled and the location at which the
material appeared before it was removed or access to it was
disabled.
(iii) A statement under penalty of perjury that the subscriber
has a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the
material to be removed or disabled.
(iv) The subscriber’s name, address, and telephone number, and a
statement that the subscriber consents to the jurisdiction of
Federal District Court for the judicial district in which the
address is located, or if the subscriber’s address is outside of
the United States, for any judicial district in which the
service provider may be found, and that the subscriber will
accept service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such
person
1.You understand that when using the Future Today Services, you
will be exposed to User Submissions from a variety of sources,
and that Future Today is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and
acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Future Today with respect
thereto, and agree to indemnify and hold Future Today, its
Owners/Operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to
your use of the Future Today Services.
2.Future Today permits you to link to materials on the Website
for personal, non-commercial purposes only. In addition, Future
Today provides an “Embeddable Player” feature, which you may
incorporate into your own personal, non-commercial websites for
use in accessing the materials on the Website, provided that you
include a prominent link back to the Future Today website on the
pages containing the Embeddable Player. Future Today reserves
the right to discontinue any aspect of the Future Today Website
at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE FUTURE TODAY SERVICES SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FUTURE
TODAY AND ITS PARENT CORPORATION OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FUTURE TODAY
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES
LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY
ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE FUTURE TODAY SERVICES.
FUTURE TODAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE FUTURE TODAY WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND FUTURE TODAY WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL FUTURE TODAY AND ITS PARENT CORPORATION
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF FUTURE TODAY SERVICES, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM FUTURE TODAY SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH
FUTURE TODAY SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FUTURE
TODAY SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FUTURE TODAY SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Future Today Services are controlled and offered by Future Today
from its facilities in the United States of America. Future
Today makes no representations that the Future Today Services
are appropriate or available for use in other locations. Those
who access or use Future Today Services from other jurisdictions
do so at their own volition and are responsible for compliance
with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Future Today,
its parent corporation, officers, directors, employees and
agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees) arising from: (i)
your use of and access to the Future Today Services; (ii) your
violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without limitation
any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive
these Terms of Service and your use of the Future Today
Services.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide
by and comply with these Terms of Service.
If you are under 13 years old, a parent or guardian must review
and agree to these Terms on your behalf in order for you to use
Future Today Services. If your child is under the age of 13, you
agree that your download or use of the Future Today Services
counts as an affirmative authorization for the processing of
their data as described in Future Today’s Privacy Notice ,
including any disclosures of non-personally identifiable
information (such as an IP address, unique device identifiers
and unique advertising identifiers) to Future Today’s
advertising partners.
Notwithstanding the above, if you are between 13 and 16 years of
age, you agree to Future Today’s data processing operations as
described in the Future Today’s Privacy Notice, including any
disclosures of non-personally identifiable information (such as
an IP address, unique device identifiers and unique advertising
identifiers) to Future Today’s advertising partners.
10. Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by Future Today without restriction.
11. General
You agree that: (i) the Future Today Services shall be deemed
solely based in the state of Delaware; and (ii) the Future Today
Services shall be deemed a passive service that does not give
rise to personal jurisdiction over Future Today, either specific
or general, in jurisdictions other than Delaware. These Terms of
Service shall be governed by the internal substantive laws of
the State of Delaware, without respect to its conflict of laws
principles. Any claim or dispute between you and Future Today
that arises in whole or in part from the Future Today Services
shall be decided exclusively by a court of competent
jurisdiction located in Delaware. These Terms of Service,
together with the Privacy Notice at
http://futuretodayinc.com/privacy footer and any other legal
notices published by Future Today on the Website, shall
constitute the entire agreement between you and Future Today
concerning the Future Today Services. If any provision of these
Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms of
Service, which shall remain in full force and effect. No waiver
of any term of these Terms of Service shall be deemed a further
or continuing waiver of such term or any other term, and Future
Today’s failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or
provision. Future Today reserves the right to amend these Terms
of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes.
Your use of the Future Today Services following any amendment of
these Terms of Service will signify your assent to and
acceptance of its revised terms. You and Future Today agree that
any cause of action arising out of or related to the Future
Today Services must commence within one year after the cause of
action accrues. otherwise, such cause of action is permanently
barred.