1. Accepting these Terms
3. Your Account with FlashFrame and Rules
You will need to register an account with FlashFrame to access some Content provided by the Service. The following are Rules about accounts with FlashFrame:
A. You must be 18 or older to use the Service. Otherwise, you may only use the Service under supervision of a parent or legal guardian.
B. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via FlashFrame Service.
C. You are responsible for any activity that occurs through your account and you agree that you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, FlashFrame prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to FlashFrame upon registration and at all other times will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
D. You agree that you will not solicit, collect or use the login credentials of other FlashFrame users.
E. You are responsible for keeping your password secret and secure.
F. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
G. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and Your Content (defined below), including but not limited to, privacy, publicity, and copyright laws.
H. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
I. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or FlashFrame.
J. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any FlashFrame users.
K. You must not use domain names or web URLs in your username without prior written consent from FlashFrame.
L. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any FlashFrame page is rendered or displayed in a user's browser or device.
M. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
P. These Terms do not create any agency, partnership, joint venture, employment (contractual or otherwise) or franchisee relationship between you and FlashFrame. You are not authorized to make any representation, contract or commitment on behalf of FlashFrame without prior written authorization to do so by an officer of FlashFrame. You shall be solely responsible for all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under the Conditions of this agreement. You shall be solely liable for any failure to pay applicable taxes.
4. Seller Terms
By submitting Your Content to the Service you are hereby referred to as a “Content Provider”. Content that you post to the Service is your content (“Your Content”). We do not make any claim to it. Your Content includes anything you submit, post, upload, or contribute to the Service (such as photographs, images, videos, usernames, passwords, descriptions, comments, reviews).
B. Permission to Use Your Content. By submitting Your Content through the Service, you grant FlashFrame a license to use it. We do not claim any ownership of Your Content, but we do have permission to use it to help FlashFrame grow.
C. Rights You Grant FlashFrame. By submitting Your Content through the Service, you grant FlashFrame a non-exclusive, fully paid and royalty-free, irrevocable, transferable, sub-licensable, worldwide license, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivatives of Your Content that you post on or through the Service. FlashFrame may host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode Your Content to appropriate media formats, standards or mediums as part of the services FlashFrame provides. FlashFrame may use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform, and publicly display Your Content on the Service, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels. FlashFrame may use Your Content for promotional purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User Generated Content in any media format or medium and through any media channels.
D. Reporting Unauthorized Content. FlashFrame has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Service. If content that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy (section 7). If Your Content infringes another person’s intellectual property, we may remove it if we receive proper notice. We may notify you if that happens.
E. User Content purchased on FlashFrame is a transaction conducted between users of the Service, and not handled by the Service, but rather by third-party “Applications”. FlashFrame is not liable for any use or interactions between FlashFrame users conducted via third-party Applications.
F. By submitting User Content for sale or download by other users you agree that you grant the buyer a non-exclusive, perpetual personal-use license to download and copy the accompanying image(s) or video(s) (collectively, "Media,") subject to the following restrictions:
(i) This license is for personal use only. Personal use does not include commercial use of the Media. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising. The Media may not be resold, relicensed, or sub-licensed.
(ii) Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider.
(iii) There are no warranties, express or implied. The Media are provided “as is”.
(iv) Neither Content Provider nor FlashFrame will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Media.
5. Your Use of the Service: General Terms and Conditions
License to Use the Service. We grant you a limited, non-exclusive, non-transferable and revocable license to use the Service – subject to the Terms and the following restrictions in particular:
A. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal, and international laws that may apply to you. It is your responsibility to obtain any permits or licenses that you require. You may not commit fraud, theft or any crimes against FlashFrame, another FlashFrame user, or a third party.
B. You are responsible for paying all fees that you owe FlashFrame. You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through the Service.
C. The Service contains content owned or licensed by FlashFrame ("FlashFrame Content"). FlashFrame Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and FlashFrame, FlashFrame owns and retains all rights in the FlashFrame Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FlashFrame Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FlashFrame Content.
D. The FlashFrame name and logo are trademarks of FlashFrame, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FlashFrame, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of FlashFrame, and may not be copied, imitated or used, in whole or in part, without prior written permission from FlashFrame.
E. Although it is FlashFrame’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. FlashFrame reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by FlashFrame, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, FlashFrame encourages you to maintain your own backup of your Content. In other words, FlashFrame is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. FlashFrame will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
G. It is FlashFrame’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, FlashFrame does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that FlashFrame is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
H. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. FlashFrame does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that FlashFrame is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if FlashFrame has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the FlashFrame Parties (defined below) harmless for activity related to the Application.
I. You agree that you are responsible for all data charges you incur through use of the Service.
J. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that FlashFrame may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
K. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
L. You acknowledge that FlashFrame and the Service are in no way affiliated with, sponsors of, nor maintain any partnerships with any registered trademarks or third-party organizations unless expressly stated by said third-party organization.
M. By purchasing or downloading User Content from a Content Provider you agree that you are receiving a non-exclusive, perpetual personal-use license to download and copy the accompanying image(s) or video(s) (collectively, "Media,") subject to the following restrictions:
(v) This license is for personal use only. Personal use does not include commercial use of the Media. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising. The Media may not be resold, relicensed, or sub-licensed.
(vi) Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider.
(vii) There are no warranties, express or implied. The Media are provided “as is”.
(viii) Neither Content Provider nor FlashFrame will be liable for any third party claims or incidental, consequential or other damages arising out of this license or Your use of the Media.
(ix) All such licenses are made directly between the user and the Content Provider and are merely facilitated by FlashFrame.
A. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your FlashFrame account by contacting email@example.com; If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your user page and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been purchased/downloaded by others).
7. Reporting Copyright and Other IP Violations
FlashFrame respects the intellectual property rights of others and requires those that use the Service do the same. FlashFrame may, in appropriate
circumstances and at our discretion, remove or disable access to Content on the Service that infringes upon the copyright rights of others. FlashFrame also
may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event
that any users of the Service repeatedly infringe on others' copyrights, FlashFrame may in its sole discretion, terminate those individuals' rights to use
If you believe that your work has been used on the Service in a manner that constitutes copyright infringement, please notify FlashFrame's copyright agent by written notice. The notice should include the following information:
· An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
· A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
· Identification of the specific location on the Service of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
· Your name, address, telephone number and email address;
· A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner, or the law; and
· A statement by you that the information in the notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
FlashFrame’s copyright agent for notice of claims of copyright infringement on the Service is:
Timing and Racing Around the Clock Inc.
2506 N. Clark St. #224
Chicago, Illinois 60614
8. Warranties and Limitation of Liability
The service, including, without limitation, FlashFrame Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest
extent permissible by law, neither FlashFrame nor its parent company nor any of their employees, managers, officers or agents (collectively, the
"FlashFrame Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the
FlashFrame Content; (c) User Content; or (d) security associated with the transmission of information to FlashFrame or via the Service. In addition, the
FlashFrame Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a
particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
The FlashFrame Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.
Limitation of Liability
Under no circumstances will the FlashFrame Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct,
indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the
Service; (b) the FlashFrame Content; (c) User Content; (d) your use of, inability to use, or the performance of the Service; (e) any action taken in
connection with an investigation by the FlashFrame Parties or Law enforcement authorities regarding your or any other party's use of the Service; (f) any
action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Service's operation; or (h) any damage
to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus,
bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical
or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or
computer failure or malfunction, even if foreseeable or even if the FlashFrame Parties have been advised of or should have known of the possibility of such
damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by
negligence, acts of god, telecommunications failure, or theft or destruction of the Service). In no event will the FlashFrame Parties be liable to you or
anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the FlashFrame Parties total liability to
you for all damages, losses or causes or action exceed one hundred United States Dollars ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of FlashFrame's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the FlashFrame Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the FlashFrame Parties.
By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
FlashFrame is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Except if you opt-out or for disputes relating to: (1) your or FlashFrame's intellectual property (such as trademarks, trade dress, domain names, trade
secrets, copyrights and patents); (2) violations of the API terms; or (3) violations of provisions D and H in Section 5. You agree that all disputes
between you and FlashFrame (whether or not such dispute involves a third party) with regard to your relationship with FlashFrame, including without
individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and FlashFrame hereby
expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's
rules. You may bring claims only on your own behalf. Neither you nor FlashFrame will participate in a class action or class-wide arbitration for any claims
covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated
claims involving another person's account, if FlashFrame is a party to the proceeding. This dispute resolution provision will be governed by the Federal
Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of
filing the case, then either FlashFrame or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law
You may opt out of this agreement to arbitrate. If you do so, neither you nor FlashFrame can require the other to participate in an arbitration proceeding. To opt out, you must notify FlashFrame in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Timing and Racing Around the Clock Inc. ATTN FlashFrame: 2506 N. Clark Street · #224 · Chicago, IL 60614
You must include your name and residence address, the email address you use for your FlashFrame account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with FlashFrame.
Time limitation on claims.
You agree that any claim you may have arising out of or related to your relationship with FlashFrame must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue.
of law and will specifically not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable.
arbitrate, you agree to resolve any dispute you have with FlashFrame exclusively in a state or federal court located in Delaware, and to submit to the
personal jurisdiction of the courts located in the State of Delaware for the purpose of litigating all such disputes.
10. Entire Agreement
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject FlashFrame to any registration requirement within such jurisdiction or
country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at
any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that FlashFrame provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of specially designated nationals or the U.S. Commerce Department's table of deny orders. By downloading any software related to the service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
11. Changes to the Terms
At our sole discretion, we may update these Terms from time to time, if we believe that the changes are material. We may let you know by doing one (or more) of the following: (1) posting the changes through the Service or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Service. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Service following the changes constitutes your acceptance of the updated Terms.
12. Finer Legal Points