Privacy Policy
Last updated: December 2, 2022
At Luxury Publishing Group Inc., a California corporation, d/b/a FutureAudiophile.com. (“FutureAudiophile”, “we”, “us”), we are committed to you and to protecting your privacy rights. This Privacy Policy governs your access to and use of FutureAudiophile.com, including any free or subscription content, functionality and services offered on or through FutureAudiophile.com (the “Website”) and the mobile app, our social media pages, the newsletter and any Website materials available for download, whether as a guest or a subscriber. We only collect and track the minimum information necessary to provide you with an enhanced user experience while visiting our website (referred to as the “Website”), and using our associated mobile app(s). Our website and mobile app(s) are collectively referred to as the “Service”. Through the use of FutureAudiophile.com you are herein consenting to the following data procedures expressed within this Privacy Policy.
What information do we collect?
Personal Information
When you register for a FutureAudiophile account, you are asked to provide your name and email address in order for us to contact you and allow for account recovery in the event that you forget your password. If you choose to register or connect using your Facebook account, you grant us access to your Facebook account’s associated name and email address only. We do not store any other personal information from your Facebook account.
Types of Personal Data We Collect
FutureAudiophile collects Personal Data about you when you provide it directly to us, when third parties such as our business partners (e.g., companies with whom we integrate our Service), service providers (such as our advertising service providers) provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Service. We collect the following Personal Data from you in connection with the Service:
- Contact Information: information we collect to identify or contact you such as your first and last name and email address. For example, this is the basic information that we collect when you register for an account on our site.
- Transaction Information: information related to transactions you conduct on the Service, including when you subscribe or sign up for a special offer, when you enter one of our Sweepstakes promotions or other marketing offer, and your interactions with the Service (for example the functionality you use and the links clicked on the Service). This information does not include financial information.
- User Account Information: information that identifies you to the Service, such as your user name, email address, password, and IP address. For example, we use this information to authenticate you when you log in to the Service, and use the IP address to help maintain your web session security and account preferences while using the Service.
- Device information: information about devices accessing the Service, including type of device, what operating system and version is used, device settings, application IDs, unique device identifiers and crash data.
- User Content: to the extent that you choose to input Personal Data as part of the content, images, comments, and other information, and materials that you choose to post to or through the Service.
Cookies
We utilize cookies for a few different purposes. Cookies can either be “session cookies” or “persistent cookies”.
Session cookies are temporary cookies that are stored on your device for the duration of your visit to Website or while using our Service, whereas “persistent cookies” are stored on your device for a period of time after you leave our Website or after using our Service.
We use persistent cookies to store your account preferences so that they are available for the next visit, to keep a more accurate account of how often you visit our Service, and how your use of the Service varies over time. We may recognize you when you return to our Service.
We also use persistent cookies to measure the effectiveness of advertising efforts. Our advertising partners (those who ads you see on our Website or Service) may also use persistent cookies to increase the relevance of the goods and services you see.
For more information on cookies, including how to control your cookie settings and preferences, visit http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm, https://ico.org.uk/for-the-public/online/cookies/.
How do we use the information we collect?
We will only use your Personal Data as necessary to provide you with the Service (as outlined in our Terms of Use) or to improve our business and operations. In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Legitimate and necessary uses of your Personal Data include:
- Operation and improvement of our business, products, and services
- Marketing of our products and services
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
We may use the information we collect to occasionally notify you about new services from FutureAudiophile, special offers we think you’ll find valuable, and update you on important functionality changes to the Website or Service. If you would rather not receive this information, or would like to opt-out of any other notification, simply unsubscribe using the link at the bottom of any of our emails, adjust your account settings via your account profile page, or submit such a request to Jerry@FutureAudiophile.com.
We employ various enterprise-class email marketing platforms. By choosing to opt-in to our marketing emails, you acknowledge that the e-mail and interest information you provide will be transferred to our chosen vendor for processing in accordance with their Privacy Policy and Terms.
How we protect your information.
We implement a variety of security measures to ensure the security of your personal information on our systems. Your personal information is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems.
To ensure compliance with the latest security technology, we recommend using one of the following browsers and keeping them updated with the latest version. Each of these browsers can be downloaded free of charge:
- Google Chrome: https://www.google.com/chrome/
- Mozilla Firefox: https://www.mozilla.org/en-US/firefox/new/
When you submit information over the Internet to any website or entity, the information passes through multiple networks and systems. Unfortunately, not all of these systems are under our control, and information may be intercepted.
While we do our best to protect your information, FutureAudiophile cannot ensure or warrant the security of your information that you transmit to us due to those circumstances. You use our Website and Service at your own risk.
Additionally, by voluntarily posting anything in a public area of the Internet, including our Website or Service, you are making that information publicly available to others. You should always exercise caution when publicly disclosing any personal information.
Select employees of FutureAudiophile may have access to your information but are only allowed to use it for diagnostic or customer service purposes.
California-specific privacy rights
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”).
Categories of personal information we collect
Throughout this Privacy Policy, we discuss in detail the specific pieces of personal information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect. The categories we may collect are: identifiers (such as name and email address); commercial information (such as subscription data or league information); internet or other network or device activity (such as browsing history or Services usage); geolocation information (e.g., your city and state based on IP address); inference data about you; and other information that identifies or can be reasonably associated with you.
How we use and disclose these categories of personal information
We use and disclose the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy, and how you engage with the Service. Please see the relevant section(s) above for more information.
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request:
- Information about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Privacy Policy.
- Provide access to and/or a copy of certain information we hold about you.
- Delete certain information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information or to comply with a legal obligation. We will let you know where this is the case or if certain rights don’t apply in your country or state of residence. We also will take reasonable steps to verify your identity before responding to a request, which might include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such request or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.
Additionally, exercising your deletion right may mean that you may no longer be able to use the Service.
Notice of Right to Opt Out of Sale of Personal Information
California residents may opt out of the “sale” of their personal information. California law broadly defines “sale” in a way that includes when we share your information with third parties, such as sports leagues or teams, to provide you with offers and promotions that we believe may be of interest to you. It also may include allowing third parties to receive certain information, such as cookies IP address and/ or browsing behavior, to deliver targeted advertising on the Services or other services. Advertising, including targeted advertising, enables us to provide you certain content for free and allows us to provide you offers relevant to you.
Depending on what Services you use, we may provide the following categories of information to third parties for these purposes:
- For online targeted advertising purposes: demographic and statistical information, user-generated content, device information and identifiers, connection and usage data, geolocation, and social media information.
- For sharing with third parties to send you relevant offers and promotions: contact and account registration information; demographic and statistical information, user-generated content, and geolocation.
Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
You can request your information be removed from our systems at any time.
You can have your data removed from our systems at any time by requesting an account deletion. This will remove your name, email address, and any other information stored in our systems. However, for legal and reporting purposes, your transaction history will be saved but will not be associated with you in any way.
Additionally, we can provide you with a file containing your personal information that we store in our systems.
To have your information removed from our systems, or to request your information sent to you, please fill out the appropriate form and we will assist you: info at futureaudiophile.com is best.
User’s GDPR Rights
If you are domiciled within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
We will retain the any information you choose to provide to us until the earlier of:
(a) you asking us to delete the information,
(b) our decision to cease using our existing data providers, or
(c) we decide that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that the Website stores and the rights to either rectify or erase your personal data. You have the right to seek restrictions on the processing of your data. You have the right to object to the processing of your data and the right to the portability of your data.
To exercise these rights please email us at info@FutureAudiophile.com.
To the extent that you provided consent to us for the processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
Children Under The Age Of 13 (COPPA Compliancy)
Users of this Website must be at least 18 years of age. The Website is expressly not intended for children. No one under age 13 may provide any information to or on the Website. We do not knowingly solicit or collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@FutureAudiophile.com.
External links and co-branded partnerships
In an attempt to provide increased value to our visitors, FutureAudiophile may choose various third-party web sites to link to, link from, and frame within our Website and Service. FutureAudiophile also participates in co-branding and other relationships to offer e-commerce and other services and features to its users.
However, even if the third party is affiliated with FutureAudiophile, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of FutureAudiophile. We have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such websites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make public commenting available to you on FutureAudiophile.com. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that web site and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.
Your Consent
By using our web site, you consent to the collection and use of information by FutureAudiophile as set forth in this privacy statement across the Website and Service. This privacy statement will always be kept up to date. If we change the way we collect, store, process, or disclose your information it will be reflected here.
Continued access or use of the web site shall constitute your express acceptance of any modifications to this privacy statement.
Terms of Use
Please refer to our Terms of Use.
Questions?
If you have any questions about our privacy policy, practices, or your interaction with our Website and Service, please contact Jerry@FutureAudiofile.com.
Terms of Use
1. User’s Acknowledgment and Acceptance of Terms
Luxury Publishing Group, Inc. d/b/a FutureAudiophile.com (“Us” or “We”) provides the FutureAudiophile.com site and various related services (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
Site users must be 18 years of age of older.
2. Description of Services
We provide, reviews, news, analysis, photos, forums, and other content. You are responsible for providing, at your own expense, all equipment necessary to access FutureAudiophile.com’s content.
We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the services on this site, you might be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
a. is unlawful, solicits a crime, threatening, abusive, harassing, defamatory, libelous, deceptive, inauthentic, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, trolls, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the unfettered right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
FutureAudiophile.com, Copyright © 2022, Luxury Publishing Group, Inc. All Rights Are Reserved.
For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Luxury Publishing Group, Inc., its licensors and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos, trade dress and service names are the intellectual property and or registered trademarks of Luxury Publishing Group, Inc. or its Affiliates. All other trademarks or service marks are property of their respective owners (“Third Party IP Owners”). Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Luxury Publishing Group, Inc. or its Affiliates or any other Third Party IP Owners.
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact:
DMCA Notices Administrator, FutureAudiophile.com,15332 Antioch Street, Suite 980 Pacific Palisades, CA 90272
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE INFORMATION, ADVICE AND CONTENT PROVIDED TO THE USERS AND SUBSCRIBERS OF THIS SITE IS PROVIDED FOR ENTERTAIMENT PURPOSES ONLY. OUR CONTENT CONTAINS THE INFORMED OPINIONS OF OUR CONTRIBUTORS BUT IS OFFERED WITHOUT WARRANTY AND SHOULD NOT BE RELIED UPON IN MAKING ANY PRODUCT PURCHASE DECISIONS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, FACTUAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized FutureAudiophile spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You warrant that you are at least 18 years of age.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s’ fees, that arise from your use or misuse of this site. 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.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within Los Angeles County, State of California (USA). It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California (and without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods), by accessing this site both of us agree that the statutes and laws of the State of California, and the rulings of state and federal courts applicable to the State of California, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue in any court of competent jurisdiction within the county of Los Angeles, State of California with respect to such matters.
17. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at Jerry@ FutureAudiophile.com, if by email, or at Luxury Publishing Group Inc., 15332 Antioch Street, Suite 980, Pacific Palisades, CA 90272 if by conventional mail. Notices to you may be sent to the email address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
18. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
19. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party of a final adjudicated judgment will be entitled to reasonable, out-of-pocket costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
20. Contact Information
Except as explicitly noted on this site, the services available through this Site are offered by Luxury Publishing Group, a California corporation, located at 15332 Antioch Street, Suite 980, Pacific Palisades, CA 90272. If you notice that any user is violating these Terms of Use, please contact us at Jerry@FutureAudiophile.com.
21. Children
Collecting personal information from children under the age of 18 (“minor children”) through the Services is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.
22. Privacy Policy
Please be sure to read our Privacy Policy, which is available at this website and incorporated herein by reference.
23. Statement of Accessibility
FutureAudiophile.com is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are in the process of upgrading this Website to comply with all applicable standards, including WCAG 2.0 accessibility standards up to level AA. If you experience any difficulty in accessing any part of this website, please feel free to call us at [list 800 number] or to email us at Jerry@FutureAudiophile.com. We will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law (for example, through telephone support).
24. Acceptance and Acknowledgement of Terms
Use of this website constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of ours, including the Website Terms of Use that may govern your conduct. Please do not hesitate to contact us at Jerry@FutureAudiophile.com if you have questions.
Effective Date: May 17, 2022.