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Terms of Use

Please read these Terms of Use carefully as they will apply to your relationship with Free Range Content (“FRC”) and your use of the Curate.Us and Repost.Us websites (the “Sites”), which includes the use of the underlying Repost.Us technology and platform. By using or visiting the Sites or any of its products, technology, software, data feeds, and services provided to you on, from, or through the Sites, you signify your agreement to (a) these terms and conditions (the “Terms of Use”); (b) our privacy policy, which is incorporated herein by reference; and (c) the content license agreement, also incorporated herein by reference (the “Content License”). By using or accessing Curate.Us and/or Repost.Us, you agree to these Terms of Use and all other terms, policies, and guidelines incorporated by reference.

Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. FRC may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use will be deemed to confer any third-party rights or benefits.

In addition, by using the Sites, you represent and warrant that you are over the age of 18 in the U.S. (or otherwise that you are of contractual legal age under the laws of your jurisdiction) and are lawfully able to accept these Terms of Use. If you are using this Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify FRC for violations of these Terms of Use.

General Use of the Sites – Permissions and Restrictions

The Sites and all of the content featured or displayed on the Sites, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“FRC Content”) are intended for customers of FRC. You are permitted to access and use the Sites and FRC Content as set forth in these Terms of Use. Please note that FRC reserves the right to discontinue the Sites or any services offered here, at any time.

Your access and use of the Sites and FRC Content, however, is conditioned upon you agreeing to the following restrictions:

Ownership of the Sites and their Contents

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.

Copyright Infringement – Digital Millennium Copyright Act (“DMCA”)

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:

Copyright Agent:
Free Range Content, Inc.

Attn: Legal Department

320 Alabama Street
#2
San Francisco, CA 94110 USA

Fax: 415-795-3214

E-mail: notice@freerangecontent.com

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.

Links

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.

Forums & Other Interactive Services or Areas

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:

Further, you agree not to delete or revise any User Content posted by any third party. FRC takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is FRC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, FRC is not liable for any statements, representations, or User Content provided by its users in any public forum, personal home page, or other Interactive Area. Although FRC has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, FRC reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. You acknowledge and agree that FRC may access, use, or disclose any information about you or your use of the Sites, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of FRC; or to protect the safety of our company, employees, customers, or the public.

If you post User Content to the Sites, unless we indicate otherwise, you grant FRC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. You grant FRC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

Registration Data and Account Security

In consideration of your use of the Sites, you agree to the following:

Indemnification

You agree to defend, indemnify, and hold harmless FRC, its subsidiaries, affiliates, licensors, employees, agents, third-party information providers, and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store, or otherwise transmit on or through the Sites, your conduct, your use or inability to use the Sites, your breach or alleged breach of these Terms of Use, or of any representation or warranty contained herein, your unauthorized use of the FRC Content, or your violation of any rights of another.

Warranty Disclaimer

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.

Limitation of Liability

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.

Disputes

You will resolve any claim, cause of action, or dispute (“claim”) you have with us arising out of or relating to these Terms of Use or FRC exclusively in a state or federal court located in San Francisco, California. The laws of the State of California will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco, California, for the purpose of litigating all such claims.

Termination

Notwithstanding any of these Terms of Use, FRC reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Sites.

Miscellaneous Provisions

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by FRC. If any clause in these Terms of Use is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Questions and Contact Information

Questions or comments about the Sites or Terms of Use may be directed to FRC at notice@freerangecontent.com.