App Users. With regards to the Apple iPhone, iPad, or iPod touch applications, this agreement is between Thefuture.fm and You and not between You and Apple Inc. (“Apple”). Thefuture.fm and not Apple is responsible for the Services and the App provided by Thefuture.fm. Apple is a third party beneficiary to this agreement and shall have the right to enforce this agreement as such.
Residency Requirement. Only residents of the United States may use the Thefuture.fm Services. If you are not a resident of theUnited States, please stop using the Services immediately.
Parental Advisory. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENTS AND GET THEIR PERMISSION BECAUSE SOME OF THE MUSIC FOUND ON THEFUTURE.FM MAY CONTAIN EXPLICIT LANGUAGE AND REFERENCES TO DRUGS, SEX OR VIOLENCE. IF YOU ARE YOUNGER THAN 13, YOU MAY NOT USE THEFUTURE.FM’S SERVICES. Thefuture.fm does not purposefully collect the personal information of children using the Services.
Thefuture.fm's Services. Thefuture.fm, in addition to other services, allows its Members to listen to streaming music mixes. Thefuture.fm also allows its Members to view custom DJ profile pages, allowing DJ's to showcase their mixes to the masses in a cutting-edge and exclusive fashion. Thefuture.fm’s Services include the Content, our player, our calendar, and any other features or applications or service Thefuture.fm may offer from time to time.
Member Accounts and Passwords. Upon Your subscription to the Services, You will be asked to create an account and choose a password. You are solely responsible for maintaining the confidentiality of the password and for any and all use of Your Thefuture.fm account. You must not use the account, username, or password of another Member or disclose their password to any third party. You agree to notify Thefuture.fm without delay if you suspect any unauthorized access to Your password or use of Your account. If you do not meet these terms, you may be held responsible for any and all use of Your account. Thefuture.fm reserves the right to access any Member's account and usage information and may review and use such account and usage information as it determines appropriate in its sole discretion, including, without limitation, as reasonably needed to investigate complaints, to provide the Services, or for such other purposes as Thefuture.fm deems necessary and appropriate.
Termination of Membership. If a Member violates any of Thefuture.fm’s Policies, Thefuture.fm may, in addition to any other rights and remedies it may have at law or in equity, immediately terminate that Member’s subscription to the Services without notice. In the event of such termination, Thefuture.fm shall not refund any prepaid subscription fees. Members may cancel their subscription at any time; provided if a Member cancels their subscription, no refunds will be issued of any prepaid subscription fees. If Thefuture.fm discontinues the Services service for any reason except for a violation by You of Thefuture.fm 's policies, Thefuture.fm shall refund a prorated portion of any prepaid subscription fees.
Member Conduct. You understand and agree that Thefuture.fm may review and delete any content that, in our sole judgment of Thefuture.fm, does not comply with Thefuture.fm 's Policies, or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of other Members and/or third parties. Prohibited Content includes, but is not limited to, content that:
- (a) Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- (b) Causes harm to minors;
- (c) Infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- (d) Any unauthorized materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- (e) 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;
- (f) Interferes with or disrupts the Services or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- (g) Intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to,regulations promulgated by the U.S. Securities and Exchange Commission, anyrules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or theNASDAQ, and any regulations having the force of law; or
- (h) Harasses others.
Member-to-Member Contact. Thefuture.fm may allow Members to contact other Thefuture.fm Members, provided that Members shall at all times comply with all Thefuture.fm Policies. Members are solely responsible for their interactions with other Thefuture.fm Members, whether on-line or offline.
Representations and Warranties made by You. You represent, warrant and covenant to Thefuture.fm that:
- You are at least thirteen (13) years of age or older.
- You are a resident of the United States.
- You will comply with all applicable local, state and federal laws, ordinances, regulations, orders and all Thefuture.fm Policies with respect to anycontact or information submitted to Thefuture.fm customers;
- You shall not to use the account, username, or password of another Member at any time without their authorization, and agree to notify Thefuture.fm immediately if You suspect any unauthorized use of Your account or access to Your password; and
- Any information provided by You to Thefuture.fm is true and correct.
- You are responsible for providing the modem, cable modem, DSL and any other hardware and software necessary to use Thefuture.fm’s Services.
License from Thefuture.fm to You. Thefuture.fm grants You a non-assignable limited license to make personal and non-commercial use of the Website and Services. The Services are for the personal use of Members only (organizations, companies or other businesses may not become Members and may therefore not use the Services) and may not be used in connection with any commercial activities except those that are specifically endorsed and approved by Thefuture.fm in writing. You may not transfer or copy any of the Thefuture.fm Technology and Content (which, for the avoidance of doubt, shall mean any material which is posted on Thefuture.fm or on Thefuture.fm mobile or smart phone applications or on Thefuture.fm Apps, including, but not limited to, passwords, Member names and/or emails, photographs, links, Content provided by any Members and/or any information, elements of design, MixSCAN, Thefuture.fm 's music player, technical functions and/or works of authorship provided by Thefuture.fm as part of the Services) for use in connection with any other product or service.
DJ Members Rules, Representations and Warranties. All DJ Members represent and warrant that the sound recordings in their mix are either their own works, or alternatively that all the writers of the songs in their mix are affiliated with BMI, ASCAP, or SESAC and that the sound recordings within their mix are authorized for performance within the United States. With further regard to sound recordings uploaded by DJ Members that are not their own, DJ Members agree to comply with the following requirements imposed by the Digital Millineum Copyright Act (DMCA). DJ Members are prohibited from:
- Publishing in a program schedule that discloses in advance the titles of the specific songs, albums, or artists in your mix;
- Playing in your mix within athree-hour period more than three different songs from the same album in a row;
- Playing in your mix four different songs from the same artist or four different songs from the same compilation if more than three of such songs are transmitted in a row.
DISCLAIMER OF WARRANTIES. THE SERVICES AND CONTENT PROVIDED BY THEFUTURE.FM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEMBER AGREES THAT THEIRSUBSCRIPTION TO THE SERVICES AND USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT MEMBER'S OWN RISK. THEFUTURE.FM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ANDNON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE WEBSITE. THEFUTURE.FM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THEFUTURE.FM IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO ANY PRICING, TEXT OR CONTENT.
LIMITATION OF LIABILITY. EXCEPT FOR MEMBER'S FAILURE TO PAY ANY FEES DUE THEFUTURE.FM AND AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF MEMBER'S USE OF THE SERVICES AND/OR THE WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR THE FEES PAID TO THEFUTURE.FM DURING SIX (6) MONTHS PRIOR TO THE CLAIM. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Assignment of Rights. Thefuture.fm may assign its rights and obligations hereunder without any notice to Members. Members may not assign any of their rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Thefuture.fm. These Terms and Conditions shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
Trademarks. Thefuture.fm and third party trademarks or service marks may or may not be identified on the Website or through the use of TM, SM, or ® or other symbols. Except when authorized by Thefuture.fm, You may not use any logos, names, or other trademarks found within the Services offered by Thefuture.fm, including MixSCAN, without prior written consent of Thefuture.fm.
Advertisements. Thefuture.fm may display advertisements and promotions and these advertisements may be placed or chosen through any information stored on the Website. The amount, the means, and the manner of advertising by Thefuture.fm are subject to change without any form of notice to you. By Thefuture.fm granting you access and use of the Website and Services, you agree that Thefuture.fm may place such advertising on the Website.
Third Party Content. Thefuture.fm may include links to third party web sites, content or resources. Thefuture.fm may not have control over these third party web sites. You understand and agree that Thefuture.fm is not responsible for the availability of these other sites, does not endorse any advertisings, products or other material. Such third party content is used at your own risk.
Member Support and Version Updates. You are using the Thefuture.fm Services at your own risk and we are under no obligation to provide you with any support although we reserve the right to do so. If Youhave any questions concerning this Agreement or need technical support, you may contact Thefuture.fm support by emailing firstname.lastname@example.org. Thefuture.fm may also make available newer versions of the Website Services or the Thefuture.fm App which, at Thefuture.fm's election, may be subject to additional fees.
Notice. Thefuture.fm may send notifications, whether required by law or for business related purposes, including marketing, to you via electronic mail, mobile text message, courier mail, or through posting on Thefuture.fm or any mobile phone or other Thefuture.fm application, at its sole discretion. Notices posted by Thefuture.fm shall be deemed effective upon posting. Thefuture.fm reserves the right to determine the form and means of providing notifications to you, provided that you have not, where applicable, opted out of receiving such notifications. Any notices to Thefuture.fm by You must be in writing and may either be sent via facsimile, electronic mail or overnight courier.
No Waiver. If Thefuture.fm does not exercise or enforce any legal right or remedy contained in the terms this will not be taken as a waiver, formal or informal, and that those rights and remedies are still available to Thefuture.fm.
Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best toaccomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.
Governing Law and Venue. These Terms and Conditions shall be governed by, construed and enforced inaccordance with the laws of the State of New York, without reference to thechoice of law provisions thereof. Any legal action or proceeding with respect to these Terms and Conditions or any transaction related hereto shall be brought in the courts of the State of New York located in New York County or in the United States District Court for Southern District of New York and Member consents to the exclusive jurisdiction of these Courts. Member irrevocably waives, to the extent permitted by applicable law, any objection, including, but not limited to, any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have, to the bringing of any action or proceeding in such jurisdictions with respect to these Terms and Conditions or any transaction related hereto.
MEMBER ACKNOWLEDGES AND AGREES THAT MEMBER HAS READ THIS AGREEMENT, COMPLETELY UNDERSTANDS ITS TERMS AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. MEMBER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THEFUTURE.FM AND MEMBER (WITH THE EXCEPTION OF ANY "ADDITIONAL TERMS" THAT THEFUTURE.FM MAY PRESENT TO YOU REGARDING CERTAIN FEATURES OR SPECIAL MEMBERSHIPS) AND THAT IT SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THEFUTURE.FM AND MEMBER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
For any Additional Information please e-mail email@example.com.
Updated March 26th, 2012.
COPYRIGHT INFRINGEMENT NOTIFICATIONIt is Thefuture.fm’s policy is to respond to clear notices of alleged copyright infringement. To send us a copyright infringement notification, You must comply with the guidelines set forth in the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512).
If you believe that content posted on Thefuture.fm is infringing on your copyrights, your notice to must be in writing and must include the following:
- A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
G. Salem, Esq.
DMCA AGENT / THEFUTURE.FM
2739 Strickland Ave.
Brooklyn, NY 11234
Thefuture.fm’s response to these notices may include removing content claimed to be infringed upon and/or terminating infringers. Knowingly misrepresenting that any material or activity on Thefuture.fm is infringing upon your copyrights may subject you to a significant amount of monetary damages. For that reason, you should confirm that you actually own rights to the material you are claiming is being infringed upon.
- What personally identifiable information Thefuture.fm collects;
- What personally identifiable information third parties collect through the Website;
- What organization collects the information;
- How Thefuture.fm uses the information;
- With whom Thefuture.fm may share user information;
- What choices are available to users regarding collection, use and distribution of the information;
- What measures Thefuture.fm takes to protect the information under its control; and
- How users can correct any inaccuracies in the information.
Information Collection & Use
- Registration. In order to use this Website, you must first complete the registration form and create a user name and password. During registration you are required to provide contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest. Thefuture.fm is the sole owner of the information collected on www.thefuture.fm. Thefuture.fm collects personally identifiable information from our users at several different points on our Website.
- Subscriptions. If you subscribe to our service, we request certain personally identifiable information from you on our sign up page. You must provide contact information (such as name, email, and billing address) and financial information (such as credit card number, expiration date). We use this information for billing purposes. If we have trouble processing an your subscription, we will use this information to contact you.
Thefuture.fm uses the information that you provide for the following general purposes: to customize the content you see, fulfill your requests for services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. Use of Website by Children
Thefuture.fm will not knowingly allow any children under the age of 13 to register with Thefuture.fm through this Website.
Communications from the Website
- Special Offers and Updates. We may occasionally send you information on products, services, special deals and promotions. You can sign up for these emails from us on our registration page. Out of respect for your privacy, we present the option not to receive these types of communications.
- Service-Related Announcements. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you a text message or an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
- Customer Service. Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by text message, e-mail, telephone or mail.
- Supplementation of Information. In order to provide certain services to you, we may on occasion supplement the personal information you submitted to us with information from third party sources.
- Personally Identifiable Information. We do not share personally identifiable information with third parties. Agents. We use a credit card processing company to bill you for services. These companies do not share personally identifiable information for any other purposes with any third parties.
- Service Providers. We use other third parties to provide certain other services on our Website. When you sign up for these services, we will share personally identifiable information as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose.
- Legal Disclaimer. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Website.
As is true of most Websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do link this automatically-collected data to personally identifiable information.
Clear Gifs (Web Beacons/Web Bugs)
We employ or our third party advertising partners employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We tie the information gathered by clear gifs to our customers' personally identifiable information. To learn more about our advertising company's use of clear gifs, please contact us at the contact information provided below. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
Third Party Advertisers
Links to Other Sites
Access to Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire our service, you may update it by making the change on our [user information] page or by contacting us at the contact information listed below.
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our registration form, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at the contact information listed below.
In the event Thefuture.fm goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via prominent notice on our Website for 30 days of any such change in ownership or control of your personal information.
Last Updated: March 26th, 2012