theFrap.com Download Page.
Privacy/Copyright Policy
Welcome to theFRAP.com. ("theFRAP") theFRAP.com provides
its service subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to
you. You can review the most current version of the TOS at any
time at: www.theFRAP.com. When using theFRAP.com owned or operated
services, you and theFRAP.com shall be subject to any posted guidelines
or rules applicable to such services, which may be posted from
time to time. All such guidelines or rules (including but not
limited to our Spam Policy) are hereby incorporated by reference
into the TOS.
2. DESCRIPTION OF SERVICE
theFRAP.com allows users to submit written work and original music
for a profit. There is access to various communications tools,
forums, shopping services, search services, personalized content
and branded programming through its network of properties which
may be accessed through any various medium or device now known
or hereafter developed (the "Service"). You also understand
and agree that the Service may include advertisements and that
these advertisements are necessary for theFRAP.com to provide
the Service. However, theFRAP.com is selective about it’s
advertisers. You will not find any pop up ads on our site. You
also understand and agree that the Service may include limited
communications from theFRAp.com, such as acceptance of a submitted
FRAP, member account balances, and that these communications are
considered part of theFRAP.com membership and you will not be
able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augments or enhances the current Service,
including the release of new theFRAP.com properties, shall be
subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that theFRAP.com assumes no
responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that
access may involve third-party fees (such as Internet service
provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Please be aware that while our site is fun it does contain mature
content. You must be at least 18 years of age to access and view
these areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You also agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or theFRAP.com has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, theFRAP.com
has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion
thereof). theFRAP.com is concerned about the safety and privacy
of all its users.
4. THEFRAP.COM! PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://privacy.thefrap.com/, You understand that through
your use of the Service you consent to the collection and use
(as set forth in the Privacy Policy) of this information, including
the transfer of this information to the United States and/or other
countries for storage, processing and use by theFRAP.com and its
affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon account registration, you are responsible for maintaining
the confidentiality of the password and account and are fully
responsible for all activities that occur under your password
or account. You agree to (a) immediately notify theFRAP.com of
any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account
at the end of each session. theFRAP.com cannot and will not be
liable for any loss or damage arising from your failure to comply
with terms.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom
such Content originated. This means that you, and not theFRAP.com,
are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Under
no circumstances will theFRAP.com be liable in any way for any
Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a TheFRAP.com! official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Service;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping) that are designated for
such purpose.
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
l. provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support
or resources) to any organization(s) designated by the United
States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection
with the prohibited conduct and activities set forth in paragraphs
a through m above.
You acknowledge that theFRAP.com shall have the right (but not
the obligation) in their sole discretion to pre-screen, refuse,
or move any Content that is available via the Service. Without
limiting the foregoing, You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely
on any Content created by theFRAP.com or submitted to theFRAP.com
including without limitation information in theFRAP.com Message
Boards, live chat, and in all other parts of the Service.
You acknowledge, consent and agree that theFRAP.com may access,
preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third parties; (d) respond
to your requests for customer service; or (e) protect the rights,
property or personal safety of theFRAP.com, its users and the
public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to
usage rules set by theFRAP.com and/or content providers who provide
content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part,
is strictly prohibited.
7. COMMUNICATIONS ON
theFRAP.com NETWORK
When you register with theFRAP.com, you acknowledge that in using
theFRAP.com services to send electronic communications (including
but not limited to email, search queries, sending messages to
theFRAP.com Chat or theFRAP.com Groups, uploading files to theFRAP.com)
you will be causing communications to be sent through theFRAP.com’s
computer networks, portions of which are located in California,
and other locations in the United States As a result, and also
as a result of theFRAP.com’s network architecture and business
practices and the nature of electronic communications, even communications
that seem to be intrastate in nature can result in the transmission
of interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing
to this Terms of Service, you acknowledge that use of the service
results in interstate data transmissions.
8.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
9. INDEMNITY
You agree to indemnify and hold theFRAP.com and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content
you submit, post, transmit or otherwise make available through
the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion of the Service
(including your frap.com ID), use of the Service, or access to
the Service.
11. MODIFICATIONS TO SERVICE
theFRAP.com reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that TheFRAP.com!
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12.
TERMINATION
You agree that theFRAP.com may, under certain circumstances and
without prior notice, immediately terminate your frap.com account,
any associated email address, and access to the Service. Cause
for such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or
any part thereof), (e) unexpected technical or security issues
or problems, (f) extended periods of inactivity, (g) engagement
by you in fraudulent or illegal activities, and/or (h) nonpayment
of any fees owed by you in connection with the Services. Termination
of theFrap.com account includes (a) removal of access to all offerings
within the Service, including but not limited to, frapChat, Domains,
Personals, Classifieds, Message Boards, (b) deletion of your password
and all related information, files and content associated with
or inside your account (or any part thereof), and (c) barring
of further use of the Service. Further, you agree that all terminations
for cause shall be made in theFRAP.com’s sole discretion
and that theFRAP.com shall not be liable to you or any third party
for any termination of your account, any associated email address,
or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
You agree that theFRAP.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers
on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because TheFRAP.com!
has no control over such sites and resources, you acknowledge
and agree that TheFRAP.com! is not responsible for the availability
of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products
or other materials on or available from such sites or resources.
You further acknowledge and agree that TheFRAP.com! shall not
be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
15.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or
information presented to you through the Service or by advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by theFRAP.com or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THEFRAP.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. theFRAP.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM theFRAP.com OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT theFRAP.com AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF theFRAP.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
19.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this
TOS, there shall be no third-party beneficiaries to this agreement.
20. NOTICE
theFRAP.com may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the
Service.
21. TRADEMARK INFORMATION
theFRAP.com, and it’s logos, and are trademarks of theFRAP.com
Without theFRAP.com’s prior permission, you agree not to
display or use in any manner the theFRAP.com’s Marks.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
OR INTELLECTUAL PROPERTY INFRINGEMENT
theFRAP.com respects the intellectual property of others, and
we ask our users to do the same. theFRAP.com may, in appropriate
circumstances and at its discretion, disable and/or terminate
the accounts of users who may be repeat infringers. If you believe
that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide theFRAP.com with the following information:
1. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email 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;
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 or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
23. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between
you and theFRAP.com and governs your use of the Service, superseding
any prior agreements between you and theFRAP.com with respect
to the Service.
Choice of Law and Forum. The TOS and the relationship between
you and theFRAP.com shall be governed by the laws of the State
of California without regard to its conflict of law provisions.
You and theFRAP.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Orange,
California.
Waiver and Severability of Terms. The failure of theFRAP.com to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in
full force and effect.
No Right of Survivorship and Non-Transferability. You agree that
your theFRAP.com account is non-transferable and any rights to
your thefrap.com ID or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently
deleted.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
24. VIOLATIONS
Please report any violations of the TOS to thefrap.com |
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