Terms of Service in Detail
By using Frank151, you agree to the following important terms and conditions, which are included in and made a part of our Terms of Services. Please read them carefully.
Disclaimer of Warranties & Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Frank151 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 TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Frank151 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Frank151 OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Frank151 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 Frank151 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES
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 MAY NOT APPLY TO YOU.
THE FAILURE OF Frank151 TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TERMS OF SERVICE 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
Disclaimers Applicable to User Generated Forums
By creating a forum, you acknowledge and agree that you are not an implied, actual or apparent agent, in any fashion, of Frank151. You further acknowledge and agree that you do not possess any implied authority, apparent authority, actual authority and/or express authority to act in any fashion on behalf of Frank151 and that all of your actions in connection with your creation of a forum on Frank151’s website are at your sole risk. You agree and acknowledge that Frank151 provides a service to you allowing you to delete threads and posts on a forum by other users and that Frank151 may discontinue this service at any time for any reason. You agree that any and all forums are expressly subject to all of the other provisions in Frank151’s terms of service which remain in full force and effect and that Frank151 may remove a forum or any portions thereof at any time.
You agree to defend, indemnify and hold Frank151 and its subsidiaries, affiliates, shareholders, officers, agents, employees, partners and licensors harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Frank151 site or services, your use of the Frank151 site or services, your connection to the Frank151 site, your violation of the Terms of Service, or your violation of any rights of another.
You agree that the Terms of Service and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Frank151, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed. For example, “The copyrighted work at issue is the text that appears on www.Frank151.com/ads.”
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit Frank151.com to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit Frank151.com to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
Send the written communication to 1801 Century Park E. Los Angeles, CA 90067.
The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at http://www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs of material that Frank151.com has removed or to which Frank151.com has disabled access.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the paper.
Send the written communication to 1801 Century Park E. Los Angeles, CA 90067.
As a provider of space for advertisements, please note that Frank151.com is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. As stated in our Terms and Conditions, the advertisers themselves are responsible for the ad text that they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.
If you are a trademark owner (or represent a trademark owner) and have an objection to an advertiser’s use of your trademark in ad text that is consistent with the foregoing, please provide the following information in a signed letter on company stationary:
- Name of Company
- Contact information (including email address)
- List of trademark(s) at issue and the country/countries in which it is registered
- The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad)
- The content in the advertisement that concerns you.
- If your site has an affiliate program, are affiliates permitted to use the trademark in the advertisement’s content?
- Include the following statement: “I have a good faith belief that use of the trademarks described above with the advertisements described above is not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
- Include the following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
- Your signature.
Send the written communication to 1801 Century Park E. Los Angeles, CA 90067.
Please Note: The foregoing procedure applies only to the use of trademarks in advertisements, which are clearly marked as advertisement on our pages. We do not take action on objections to the use of trademarks in site to which we link. For any such objections, please contact the site owner directly.
Frank151 and Cookies
We work with DigiTrust to set a first-party cookie in your browser to enable us and DigiTrust Partners to collect web viewing data that includes visits to this website and non-affiliated websites over time. This data may be used to infer whether you share interests with other users, and deliver advertising relevant to those inferences. This type of advertising is called interest-based advertising. You can exercise choice about the collection of data in this way for interest-based advertising by visiting the Digital Advertising Alliance’s choice page and opting out from DigiTrust. Opting out from DigiTrust will stop DigiTrust Partners from using the DigiTrust identifier. Through the DAA choice page, you may make other choices for companies that participate in the DAA, some of which are DigiTrust Partners. Please note that limiting third-party cookies via your browser controls does not prevent a first-party cookie from being set in this way.
Third Party Cookies
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.
What Information Do We Collect?
Frank151 does not collect any unique information about you (such as your name, email address, etc.) except when you specifically and knowingly provide such information. For example, Frank151 DOES collect such information from those users registering as Community Users and/or User Editors. Frank151 notes and saves information such as time of day, browser type, browser language, mobile device identifiers, and IP address with each query. That information is used to verify our records and to provide more relevant services to users. For example, Frank151 may use your IP address or browser language to determine which language to use when showing search results or advertisements.
Links to Other Sites
With Whom Does Frank151 Share Information?
Frank151 may share information about you with advertisers, business partners, sponsors, and other third parties. However, we only divulge aggregate information about our users and will not share personally identifiable information with any third party without your express consent. For example, we may disclose how frequently the average Frank151 user visits Frank151, or which Frank151 pages are most often used. Please be aware, however, that we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order. Further, Frank151 reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems.
Third Party Advertising
In addition, Frank151 collects personally identifiable information from users (including email addresses, names, gender, date of birth, and zip code) during the registration process. This information may be used by Frank151 to improve our site and the overall user experience.
Geo Location Services
Frank151 may, through its website, iPhone applications and related sites, request your location via a geolocation service. Through this service Frank151 may collect, depending on the capabilities of your device, information about the wifi routers closest to you, indentifying information related to the cell towersclosest to you, and the strength of your wifi or cell signal. Frank151 will use this information to return an estimated location. This information (including your IP address) may then be used by Frank151 to develop new features, products or services. This information may also be shared on an aggregated or individual basis with our third party advertisers to display better-targeted advertising content.
Information Which is Transmitted Through Your Mobile Access to Frank151’s Services
- As with any online internet web application, we may receive your browser history and the pages you have visited on Frank151 and any searches you have performed through the mobile application. You agree and acknowledge that Frank151 may use this information to improve its services to you. You further agree and acknowledge that Frank151’s third party business partners may also have access to this information and may utilize this information to improve their services to you.
- Location Information. Through your use of Frank151 and following your acknowledgment and permission that Frank151 may have access to the location of your mobile device, Frank151 may possess real time information regarding your geographical location based on longitude and latitude parameters that are determined through your mobile device (“Location Information”). You agree and acknowledge that, if you allow transmission of your Location Information, Frank151 may analyze the Location Information to enhance your user experience in real time by sending data, information and/or advertisements to your mobile device related to the geographical area your mobile device indicates it is located, including tips from select participating partners, including local businesses, who may utilize this information to engage with you. You further agree and acknowledge that, in order for Frank151 to enhance your user experience in real time through analysis of your Location Information, Frank151 may possess a temporary record of your last logged Location Information until your real time current Location Information replaces the last logged Location Information.
- You acknowledge and agree that Frank151’s third party business partners and advertisers do have the ability to collect, store and utilize your Location Information for marketing purposes to send you notifications and/or advertisements for products and services. You acknowledge and agree that Frank151 may share your Location Information with select thrid party business partners who may also use such Location Information to improve their services and assess your level of engagement with them.
- You may be able to adjust the settings on your mobile device to prevent transmission of your Location Information based on the functionality of your mobile device. You should be able to adjust the settings on your iOS mobile device to prevent our collection of Location Information by disabling the location services feature on your device. You should be able to adjust your settings on your Android mobile device to prevent our collection of Location Information by disabling Bluetooth and Location. Based on the type of mobile device you use to access Frank151’s services, Frank151 may be able to collect Location Information even if you are not logged onto Frank151’s application.
- Depending on the mobile platform that you use to access Frank151’s services, Frank151 may receive information regarding your mobile device such as your mobile device’s make, model and operating system (“Mobile Device Information”) and Frank151 may use this to enhance your user experience. Further, you agree and acknowledge that Frank151 may share this Mobile Device Information with its third party business partners and advertisers so that they can improve their services with you. These third party business partners and advertisers may send you advertisements or other information or notifications based on evaluation of Mobile Device Information and also assess your level of engagement with them.
- Frank151 does not have access to or receive in any fashion any personal identifying information such as your name, cellular phone number, age, sex, associated electronic mail or any other information that personally identifies you unless you voluntarily provide such information to Frank151 or post such information on the Frank151 website or mobile application.
Who can I ask if I have additional questions?
Feel free to contact us any time and we’ll answer any additional questions you may have. If you have additional questions, feel free to contact us.