Terms of Use | Future Post Media

FUTURE POST MEDIA, LLC

Welcome to the Future Post Media Web site. Please read this page in its entirety as it explains the user’s rights and responsibilities. User must agree, without modification, to accept the following terms of use (“Agreement”) between user and Future Post Media, an Oregon limited liability company (“FUTURE POST MEDIA”). Use of the Future Post Media Web site constitutes a full and complete acceptance of the terms of this Agreement. For purposes of this Agreement, the term “FPM” means the Future Post Media Web site, including, without limitation, www.futurepostmedia.com, as well as any other Web sites that may now or hereafter contain an authorized FPM branded area or window (collectively, “the Future Post Media Web site”).

I. Subsequent Revisions to Agreement

FUTURE POST MEDIA may periodically revise the terms of this Agreement by updating this page. User agrees to be bound by subsequent revisions to this Agreement. Accordingly, user should periodically visit this page to review the current terms of use.

FUTURE POST MEDIA reserves all right, title, and interest not expressly granted under this Agreement.

Copyright. All content, which includes, without limitation, articles, films, media files, software, and source code (collectively, “Content”), on the FPM Web site is subject to copyright protection and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of FPM and its Content providers.

Trademark. The names and services contained on the FPM Web site are trademarks or registered trademarks of FPM. Other names or services on the FPM Web site may be the trademarks of the respective owners. User agrees not to use any FPM trademarks, of any trademarks of others, or any similar rendition of those marks for any purpose without the express prior written consent of FPM in each instance.

Violations for copyright and trademark infringement, or illegal use of the material contained on the FPM Web site may result in substantial civil and criminal penalties.

III. Use of Material

FPM authorizes user to access and use the Content solely for personal, non-commercial use. User may not sell or modify the Content, and may not reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. As an express condition for use of the FPM Web site, user warrants to FPM that user will not use the FPM Web site for any unlawful purpose or purpose prohibited by this Agreement. If user violates any part of this Agreement, permission to use the Content automatically terminates and any copies of any of the Content must be immediately destroyed. FPM makes no representation that the Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or import into any other country. User is solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which user may access the FPM Web site.

IV. Use of the FPM Web Site Is at User’s Own Risk

While we strive to check the accuracy of each piece of information on the FPM Web site, it may contain inaccuracies or typographical errors. FPM makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the FPM Web site or the Content contained there. Use of the FPM Web site, including, without limitation, the services and information, contained therein, is on an “as is” basis and is at user’s own risk. FPM may make changes in the Content at any time.

Disclaimer of Liability. FPM, ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY “FPM”) SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (I) USE OF THE FPM WEB SITE AND (II) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.

FPM Makes No Representations or Warranties. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, FPM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.

Third Party Links. The FPM Web Sites operated by parties other than FPM and FPM may license Content from the FPM Web site for use by third-party web sites. FPM makes no representation or endorsement of the third-party web sites and user accesses them at their own risk.

V. Miscellaneous

Use of Information: Subject to the terms of Future Post Media’s Online Privacy Policy (which is also found on the FPM Web site) and applicable law, FPM may use the information it obtains relating to the user, including, without limitation, IP addresses, names, mailing addresses, e-mail addresses and use of the FPM Web site for its internal business and marketing purposes only and no third party shall receive said information for any reason.

Choice of Law and Forum. This Agreement, its interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of Oregon and not the laws of conflicts. User hereby consents to the personal jurisdiction of the State of Oregon, acknowledge that venue is proper in any state or Federal court in the State of Oregon, agree that any action related to this Agreement must be brought in a state or Federal court in the State of Oregon, and waive any objection user may have in the future with respect to any of the foregoing.

Indemnity. User agrees to defend, indemnify and hold harmless FPM, its licensees, successors and assignees, its Content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by user of this Agreement, or any use of the Content by user or under user’s control.

Severability. If any provision of this Agreement, or application thereof, shall be held invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

Use of “User”. The word “user” shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns.

Waiver. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of FPM.

Copyright Complaints. If user believes that his/her work has been copied and is accessible on the FPM Web site in such a manner as to constitute copyright infringement, user may notify FPM by providing the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that user claims has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. User’s address, telephone number, and email address;

4. A statement by user that he/she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

5. A statement by user, made under penalty of perjury, that the above information in user’s notice is accurate and that user is the copyright owner or authorized to act on the copyright owner’s behalf. FPM’s agent for notice of claims of copyright infringement on the Future Post Media Web site may be reached as follows:

By mail:

Richard B. Wright

2320 NE Hotspur Ln

Lincoln City, OR 97367

Telephone: 503-559-2212

By email: richard@futurepostmedia.com

Printed Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.