Terms & Conditions
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY ALICE IN FUTURELAND, INC.. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY ALICE IN FUTURELAND, INCLUDING, WITHOUT LIMITATION, ALICEINFUTURELAND.COM WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY ALICE IN FUTURELAND IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE"). BY USING THE SITE(S) OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE(S), YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE(S) OR SERVICE, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.
Welcome to the website of ALICE In Futureland. ALICE In Futureland provides you with access to aliceinfutureland.com (together with all content and services available therein, the "Site") subject to the following terms and conditions and the Site's Privacy Policy as each may be modified from time to time by ALICE in Futureland (together, the "Terms of Use"). Please read these documents carefully before using the Site.
ALICE IN FUTURELAND’S INTELLECTUAL PROPERTY RIGHTS
All text, graphics, multimedia content or other material that you see or read on the Site and all related code (the 'Content'), is owned or licensed to ALICE in Futureland, and may not be used except as provided in these Terms of Use. You may use the Site and the Content offered thereon only for lawful, personal, non-commercial purposes. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Your use of the Site may not in any way infringe or misappropriate the intellectual property right of any third party.
CONTENT DOWNLOAD
To download content to from the Site you must first register an account with us providing your name, email, company and job title.
In registering an account you represent and warrant:
you are 13 and over;
that you will provide us with true, accurate, current and complete information, and that you will update such information as it may change from to time to time;
that you will maintain the security of your account, and assume full responsibility for all activities that occur under the account and any other actions taken in connection with it; and
that you will notify ALICE in Futureland of any unauthorized uses of your account or any other breaches of security.
CONTENT POSTED ON OTHER SITES
This Site contains links to pages on other websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Site links, and that link to the Site. ALICE In Futureland does not have any control over those third party websites and webpages, and is not responsible for their contents or their use. By linking to third party website or webpage, ALICE In Futureland does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
DISCLAIMER OF WARRANTIES
ALICE In Futureland has no special relationship with or fiduciary duty to you. You acknowledge that ALICE In Futureland has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ALICE In Futureland from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. ALICE In Futureland makes no representations concerning any content contained in or accessed through the Sites, and ALICE In Futureland will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED 'AS IS' AND 'AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ALICE IN FUTURELAND, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): ALICE IN FUTURELAND MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Sputnik Futures will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on ALICE In Futureland equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ALICE IN FUTURELAND, ITS 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 THE SITE, OR ANY THIRD PARTY WEBSITES (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 SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) 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 THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALICE IN FUTURELAND 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.
The Site is controlled and offered by ALICE In Futureland from its facilities in the United States of America. Alice in Futureland makes no representations that Site is appropriate or available for use in other locations. Those who access or use Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless ALICE In Futureland and our affiliates and subsidiaries, and our respective employees, contractors, officers, directors, and agents from any claim, damages, loss, costs, expenses, or liability (collectively, "Liabilities"), arising from your use of the Site, including without limitation Liabilities relating to (i) your use of and access to the Site (ii) your violation of any term of these Terms of Use or your representations and warranties set forth above; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification will survive these Terms of Use and your use of the Site.
CHANGES TO TERMS OF USE; CHANGES TO SITE; TERMINATION OF USE
ALICE In Futureland may alter these Terms of Use at any time in its sole discretion by posting a notice on its Site or sending you an email. Your continued use of the Site after such changes have been made constitutes acceptance of the revised Terms of Use. ALICE In Futureland may, at any time, modify, withdraw or suspend any content or functionality on the Site in its sole discretion, including the cessation of all activities associated with the Site. ALICE In Futureland shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. ALICE In Futureland may terminate your use of the Site at any time without notice, for any or no reason, in its sole discretion.
MISCELLANEOUS
These Terms of Use, together with any policies referenced herein, constitute the entire agreement between ALICE In Futureland and you concerning the subject matter hereof. Except to the extent applicable law, if any, provides otherwise, these Terms of Use and any access to or use of the Site will be governed by the laws of the State of New York, excluding its conflict of law provisions. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ALICE In Futureland in any respect whatsoever. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ('JAMS') then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the State of New York and the City of New York. If any provision of these Terms of Use is deemed invalid by an arbitrator or court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement; ALICE In Futureland may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.