Terms of Service

  1. Acceptance. By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the Incorporated Terms identified below (collectively, the “Terms”). If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
  2. Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own terms of service.
  3. Incorporated Terms. The following policies, guidelines, and agreements (“Incorporated Terms”) are hereby incorporated into, and form an integral part of, the Terms to which you are agreeing to be bound.
        1. Certain Definitions.
          1. “Order Form” or “Order” means one or more FuturaFares order forms executed by the parties for the purchase of Services and that reference these Terms.
          2. “Services” means all FuturaFares products, services, and materials located on or accessible through the Website or otherwise described in an Order.
          3. “Third-Party Products” means any third-party information, website, product, service, or materials referenced in, accessible through, or provided in connection with, the Website or Services.
          4. “Website” means the FuturaFares website located at www..com (including all associated internet country codes), together with all FuturaFares websites and webpages accessible there, and the Account control panel.
      1. Eligibility.
        1. Minimum Age. The Services and Website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and Website are not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Services or access the Website.
        2. Registration. In order to use the Services, you must establish a Services account (“Account”) by registering with FuturaFares. You may be required to submit a valid means of payment for which you are authorized to purchase Services. You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide FuturaFares with a user name and password for your Account (together “Account Credentials”). FuturaFares reserves the right to refuse registration of, or cancel, accounts that violate these Terms or FuturaFares Acceptable Use Policy.
    1. Security.
      1. Generally. You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account Credentials and all actions taken in association therewith. You will not share your Account Credentials with any third party.
      2. Payment Cards. FuturaFares is responsible for the security of credit cardholder data to the extent that FuturaFares has control of that data. To that end, FuturaFares undertakes regular assessments consistent with the applicable Payment Card Industry Data Security Standards (“PCI”). You represent and warrant that you will determine the PCI merchant requirements applicable to you and your use of the Services.
      3. Checkout Environment; PCI. FuturaFares will provide a secure environment (including appropriate technical, physical and organizational security measures and safeguards) for customer data stored and processed via the standard FuturaFares checkout (“Customer Data”) in order to protect Customer Data from unauthorized access and use. FuturaFares secure environment is certified under the Payment Card Industry Data Security Standard. FuturaFares will maintain PCI certification for the designated portions of the Services that you use to store and process credit card data, subject to the following (each a “PCI Compliance Condition”): (i) you comply with FuturaFares documentation and in-product notifications, and (ii) you use a FuturaFares checkout environment that has not been modified except through the FuturaFares control panel. To the extent permitted by applicable law, FuturaFares excludes and disclaims any liability related to the unauthorized use of Customer Data, including liability due to PCI noncompliance, in the event any PCI Compliance Condition is not satisfied. For example, you will be solely liable for PCI compliance with respect to modifications to the checkout environment, including modifications via apps or a developer, modifications of Futurafares distributed open source checkout code in any manner that could result in or contribute to PCI noncompliance, use of a checkout environment not provided by FuturaFares, or use of a payment provider for which FuturaFares does not provide an integration.
          1. Use Restrictions.This is an agreement for Services, and you are not granted a license to any software by these Terms. Except as permitted and non-excludable under applicable law, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
        1. Intellectual Property.
          1. User Content.
            1. License. We do not claim any intellectual property rights over the content you provide to Futurafares. All of your content remains yours. When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral (where permitted), database, and/or other intellectual property rights (collectively, “IP Rights“) you have in that content or associated with your store in connection with our provision of the Services, in any media known now or developed in the future.
            2. Representations and Warranties. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any IP Rights of any third party. To the extent permitted by applicable law, FuturaFares takes no responsibility and assumes no liability for any content provided by you or any third party.
      5.