THE FINAL FRAME WEBSITE TERMS OF USE


1. Read this

This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between The Final Frame, LLC. (referred to as I.P. in this document), a California corporation, with offices at 2911 W. Olive Ave, Burbank, Ca, 91505 (“I.P.”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.


BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER IP SOFTWARE, SERVICES, WEBSITES OR ANY OF I.P. LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

I.P. RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN I.P.’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.


No implication is made that the materials published on Final Frame’s website(s) are appropriate for use outside of the United States. If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.

2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If I.P. believes the information you provide is not correct, current, or complete, I.P. has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.


3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of I.P.s website(s), you warrant to F.F, that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of I.P..  For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with I.P. to prevent or remedy any unauthorized use. In addition, you may not use I.P.’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).


4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

I.P.’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without I.P.’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to I.P.’s website(s), unless expressly permitted by these terms.


5. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by I.P. (the “Content”) is the proprietary information of F.F. or the party that provided or licensed the Content to I.P. whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of I.P., except that you may print out a copy of the Content solely for your personal use, and you may re-post a single image and up to one hundred (100) words of text from any article if such posting provides a right of attribution to The Final Frame, and promotes the article on other websites, including social media sites.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of the Content except as expressly provided in these Terms of Use violates I.P.’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

6. SUBMISSIONS

Unless you and I.P. enter into a separate written contract for use of your Content that states otherwise, you hereby grant to I.P. the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to I.P. through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. I.P. will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future I.P. operations.

I.P. will treat any personal information that you submit through this site in accordance with its Privacy Policy. See below.


7. DISCLAIMER

You understand that I.P. cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. I.P. does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by I.P.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. I.P. DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. I.P. DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I.P.  DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND I.P. MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT I.P., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. I.P. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.


All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and I.P. does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

8. LIMITATION ON LIABILITY

I.P., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF I.P. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. TERMINATION OR RESTRICTION OF ACCESS

I.P. reserves the right, in its sole discretion, to terminate your access to any or all of I.P.’s websites and the related services or any portion thereof at any time, without notice.

10. INDEMNITY

You will indemnify and hold I.P., its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

11. TRADEMARKS AND COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation The Final Frame llc.® and/or its distinctive logo.  All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of I.P., and may not be copied, imitated or used, in whole or in part, without the prior written permission of F.F.  The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners.  Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you.  Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of I.P..  The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

All contents of I.P.’s websites are: Copyright © The Final Frame INC.  All rights reserved.

12. COPYRIGHT INFRINGEMENT

Notice and Takedown Procedure

I.P. expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide I.P.’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).

Upon receipt of a valid notice, I.P. will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  7.  DMCA Designated Agent:



The Final Frame Inc.

2911 W. Olive Ave

Burbank CA, 91505

Phone: 818.646.7844

e-mail: [email protected]


13. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). I.P. will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that I.P. considers insecure, I.P. will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, I.P. reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. I.P. reserves the right to investigate suspected violations of these Terms of Use.

I.P. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing I.P. to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS I.P. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY I.P. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER I.P. OR LAW ENFORCEMENT AUTHORITIES.

14. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and I.P. arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Los Angeles County, California.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and I.P. as a result of this agreement or use of I.P.’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and I.P. with respect to I.P.’s websites.

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

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

I.P. may revise these Terms of Use at any time by updating this posting.


The Final Frame General Data Privacy Notice

The Final Frame, llc recognizes the importance of maintaining the confidentiality of your private information. This Notice explains our information gathering and dissemination practices for our websites.

We do not share, sell, or rent any information about our website visitors to third parties for commercial purposes. It is our intent to keep any personal information you provide us (such as name, postal address, telephone number, or email address), confidential, unless we are required by law or business necessity to divulge it. The personal information you may provide by using this site is stored in a secure location, is accessible only by designated staff, and is used only for the purposes for which you provide the information (such as to reply to your inquiry).

We may collect, store, and use general, non-specific, and broad demographic information about visitors to our Website. This information is used to help administer and diagnose problems with our server and our Website. For example, we may keep track of the dates, times, and number of visitors to our Website.

We may also collect information about a visitor’s ISP or home server, and through the use of online forms which may be completed by a visitor, we could also collect the name, address, email address, or other personal information. Finally, we may also keep track of the location of other websites from which our visitors link to our Website. When you use our Websites, you consent to the collection and use of your non-personal information by Final Frame.

Our Websites may contain links to other websites. The Final Frame is not responsible for the privacy practices, privacy statements, or the content of such websites.

It is The Final Frame policy to never knowingly collect or maintain information about anyone under the age of 16.

Any third party websites (other than The Final Frame-affiliated sites) linked to or from this Website (“Linked Sites”) are independently operated and maintained by such third parties and are not under the control and/or supervision of The Final Frame. Access and use of any Linked Site shall be subject to the terms and conditions stipulated by the operator of the Linked Sites. We are not responsible for the accuracy or reliability of the information on those sites, even if the link is provided on this website as a convenience. We are not responsible for any loss or damage, however caused, in connection with the use of any Linked Site, and your access to any of the Linked Sites shall be at your own risk.  Nothing contained in this Website shall be interpreted as a recommendation and/or endorsement by us of the contents of the Linked Sites and any products and/or services appearing on and/or provided through such Linked Sites.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by The Final Frame to a third party for the third party’s direct marketing purposes. As noted above, we do not share, sell, rent or trade your PII with any third parties for promotional purposes.

No portion of this Website, downloadable files, images, or other data may be reproduced in any form, or by any means, without prior written approval of The Final Frame Inc., or as otherwise provided above.

All contents of this Website and any downloadable files, images, or other data are Copyright © The Final Frame or the respective rights holders.