Your access and use of the Sites and FRC Content, however, is conditioned upon you agreeing to the following restrictions:
The Sites and their Contents are owned by FRC. Unless otherwise indicated, all of the FRC Content is owned by FRC, its licensors, or its third-party image partners.
If you are a publisher, you may submit content to FRC to be displayed on the Sites; you retain all of your ownership rights in your content. However, you understand that your submission of content will be subject to the Content License. You further understand that, by submitting content to FRC, FRC does not guarantee any confidentiality with respect to any content you submit and that you will be solely responsible for your own content and the consequences of submitting and publishing your content on the Sites.
All elements of the Sites, including the FRC Content, are protected by copyright, trade dress, moral rights, trademark, and other laws relating to the protection of intellectual property.
FRC trademarks, the FRC logo, and any other product or service name or slogan contained in the Sites are trademarks of FRC and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FRC or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “FRC” or any other name, trademark, or product or service name of FRC without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of FRC and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
If you are a copyright owner or an agent thereof and believe that any FRC Content infringes upon your copyrights, you may submit a written notification pursuant to the DMCA of such infringement with our Copyright Agent as set forth below:
Free Range Content, Inc.
Attn: Legal Department
320 Alabama Street #2
San Francisco, CA 94110 USA
Any DMCA notice that you submit must have the following information. You acknowledge that if you fail to comply with all of the requirements below, your DMCA notice may not be valid:
We may give notice of a claim of copyright infringement by means of a general notice on the Sites, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.
If, on the other hand, you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our Copyright Agent:
If a counter-notice is received by our Copyright Agent, FRC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FRC’s sole discretion.
You may not use a FRC logo or other proprietary graphic of FRC to link to the Sites without the express written permission of FRC. Further, you may not frame any FRC trademark, logo, or other proprietary information, including the FRC Content, without FRC’s express written consent.
FRC makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of FRC, and FRC is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. FRC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by FRC of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
Your participation, correspondence, or business dealings with any third party found on or through the Sites, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that FRC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of any such dealings.
The Sites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting, or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials, or other items on the Sites (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:
In consideration of your use of the Sites, you agree to the following:
THE SITES AND THE FRC CONTENT ARE PROVIDED “AS IS,” AND FRC AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. FRC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES OR THE FRC CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THE SITES ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT FRC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION DUE TO YOUR USE OF THE SITES OR THE FRC CONTENT. WE MAKE NO WARRANTY THAT THE SITES OR THE FRC CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
FRC uses reasonable efforts to ensure the accuracy, correctness, and reliability of the FRC Content, but we make no representations or warranties as to the FRC Content’s accuracy, correctness, or reliability.
FRC offers a search feature within the Sites. FRC explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. FRC also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
IN NO EVENT SHALL FRC, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES, THE SERVICES, THE FRC CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FRC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FRC’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FRC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FRC FOR ACCESS TO OR USE OF THE SITES.