5. User Obligations. As a precondition to use the Sites, you warrant and guarantee that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with FRANK's operation and management of the Sites.
You unconditionally agree that you will not use the Sites to upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto:
(a) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) that includes any unsolicited or unauthorized advertising, promotional materials or spam;
(e) that includes 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; and
(f) that may intentionally or unintentionally violate any applicable local, state, national or international law.
6. Copyright & Other Proprietary Rights. The Content of the Sites includes, without limitation,
(i) FRANK's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “FRANK Marks”); and
(ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, and photographs, and
(iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “FRANK Content” or “Content”).
FRANK Content is the property of FRANK, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any FRANK Content by you, or by you through any other person or entity, is strictly prohibited and unlawful unless express written consent is separately obtained from the owner of such Content. You may not alter, delete, obscure or conceal any copyright or other notices appearing in FRANK Content, including any such notices appearing on any FRANK Content.
7. Third Party Information and Websites and Exclusion of Liability. Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, FRANK does not and cannot guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of FRANK or its affiliates. FRANK makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
8. Notice for Claims of Intellectual Property or Copyright Infringement. FRANK respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable; we ask our users to do the same. 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 FRANK’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) 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
(f) 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.
FRANK’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at the following Sites contact page:
9. Advertisers. The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. FRANK shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites.
10. Links to Third Party Websites. The Sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which FRANK exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.
11. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or FRANK Content may not use FRANK trademarks or logos and shall not suggest that FRANK promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. FRANK reserves the right to require any linking party to disable or remove any link that violates FRANK's rights or causes interruption or deterioration of FRANK Content.
12. Sharing of Content. You may download, copy or embed certain FRANK not-for-purchase Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any FRANK Content for other than personal use is expressly prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in the FRANK Content. FRANK reserves the right to require any party sharing FRANK content to disable or remove the content should its use violate FRANK's rights or causes interruption or deterioration of FRANK Content.
13. Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER FRANK, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “FRANK PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITES OR FRANK CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (iv) FRANK CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
15. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in the Sections above which are lawful in the applicable jurisdiction will apply to you. Regardless of applicable jurisdiction/law, you agree that FRANK's liability will be limited to the maximum extent permitted by law.
23. Social Media. FRANK may provide opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. FRANK is not responsible for content or links posted by others.
24. User Generated Content. By contributing User Content to any of the Sites or social media profiles, users acknowledge that this information is available to the public and grant FRANK a nonexclusive license to display, reproduce, transmit, modify such User Content and that FRANK may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. FRANK retains the right to remove any content from the Sites for any reason.
Last updated January 1, 2017