Terms of Service
FRONT ROW MEDIA, INC. (“FRONT ROW”, “WE” OR “US”) Internet web site Terms of Use and User Agreement by and between YOU (“USER(S)”) and US
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS OF USE” or “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND FRONT ROW AND GOVERN YOUR ACCESS TO, AND USE OF, THE FRONT ROW WEBSITE LOCATED AT http://www.frontrowmedia.com.com (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. FRONT ROW MAY MAKE CHANGES TO THE CONTENT AND SITES OFFERED ON THIS SITE AT ANY TIME. FRONT ROW CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
1. General Provisions. Front Row hereby grants you a revocable, nontransferable, nonexclusive right to use the Site solely in accordance with these TERMS OF USE. The foregoing license has been granted to you subject to your agreement to abide by these TERMS OF USE as well as any other rules, procedures, policies, terms or conditions governing the Site that may be displayed from time to time on the Site and to which Users will be bound.
2. Ownership. The Site, content and any and all intellectual property rights pertaining thereto (including but not limited to copyrights, patents, trademarks and Site marks) are owned and protected by Front Row or third parties, and all right, title and interest therein and thereto shall remain the property of Front Row and/or such third parties.
YOU agree that you will not publish, broadcast, retransmit, reproduce, commercially exploit, create any derivative of or otherwise disseminate any portion of the Site. Without limiting the foregoing or expanding any of your rights hereunder, you may not use the Site to transmit, distribute or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property right of another or violate the privacy, publicity or other personal right of another, or (c) that is defamatory, obscene, threatening, abusive or hateful. You are prohibited from violating or attempting to violate the security of the Site. You may print copies of any accessible portion of the Site only for your own personal use.
YOU agree not to remove any copyright, trademark or other proprietary notice or legend contained on the Site or its content (or printed copies thereof). Front Row Media, Frontrowmedia.com and other names and indicia of source of Front Row and its products and Site(s) are exclusive trademarks and service marks of Front Row. Other product and company names and trademarks appearing on the Site may be trademarks of their respective owners.
3. Investigation and Disclosure of Information. Front Row has the right, but not the obligation, to monitor any activity and content associated with the Site. Front Row may investigate any complaint or reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of all or any portion of the Site and denying you access to all or any portion of the Site. Front Row also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. In order to cooperate with governmental requests, to protect Front Row’s systems and Users, to ensure the integrity and operation of Front Row’s Site, business or systems, or otherwise to comply with the law and legal process, Front Row may access and disclose any information it considers necessary or appropriate.
4. Your Use of Content. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content. The content on the Site, and the trademarks, Site marks and logos (“Marks”) on the Site, are owned by or licensed to Front Row, subject to copyright and other intellectual property rights under the law.
A. The content is provided to You AS IS. You may access content for your information and personal use solely as intended through the provided functionality of the Site and as permitted under these TERMS OF USE. YOU agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Front Row or the respective licensors of the content.
B. Front Row and its licensors reserve all rights not expressly granted in and to the Site and the content.
C. YOU agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
D. YOU understand that when using the Site, YOU will be exposed to Content from a variety of sources, and that Front Row is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. YOU further understand and acknowledge that YOU may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Front Row with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Front Row, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Site.
5. No Liability for Technological Problems. All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site. We are not liable for any (a) technological problems and any impact that they may have; (b) damage or injury caused by the performance or failure of performance of all or any portion of the Site; or (c) defects, delays or errors in or resulting from your use of the Site.
6. DISCLAIMER OF WARRANTIES. THE SITE AND ALL INFORMATION AVAILABLE ON OR VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SITE OR THE CONTENT, PRODUCTS OR SITES AVAILABLE ON OR VIA THE SITE; AND (2) ANY WARRANTIES OF TITLE OR EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FRONT ROW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. FRONT ROW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SITE. FRONT ROW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL FRONT ROW OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE, THE SITE, THE INABILITY TO USE THE SITE OR ANY PRODUCTS, SITES OR CONTENT PURCHASED, OBTAINED OR STORED IN OR FROM THE SITE, OR TRANSACTIONS ENTERED INTO VIA THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FRONT ROW OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF FRONT ROW OR OF ANY FRONT ROW AFFILIATE IN ANY CIRCUMSTANCE EXCEED $100. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THESE LIMITATIONS ALSO APPLY TO ANY THIRD PARTY CLAIMS AGAINST USERS.
8. Digital Millennium Copyright Act.
A. If YOU are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, YOU may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Site provider to locate the material;
• Information reasonably sufficient to permit the Site provider to contact YOU, such as an address, telephone number, and, if available, an electronic mail;
• A statement that YOU have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that YOU are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Front Row’s designated Copyright Agent to receive notifications of claimed infringement is The Wroan Law Firm, 222 North Sepulveda Boulevard, Suite 2000, El Segundo, CA 90245, fax: 310-973-4287. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Front Row customer Site at [email protected]. YOU acknowledge that if YOU fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
B. Counter-Notice. If 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 the Copyright Agent:
• Your physical or electronic signature;
• Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept Site of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Front Row 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 14 to 21 business days or more after receipt of the counter-notice, at Front Row’s sole discretion.
9. Termination. Front Row reserves the right to reject your registration or suspend or terminate your access to and use of all or any portion of the Site at any time and for any reason, in its sole discretion. This TERMS OF USE will continue to apply to your past use of the Site in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Site does not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Front Row.
10. Indemnity. To the extent permitted by applicable law, YOU agree to defend, indemnify and hold harmless Front Row, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Site; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
11. Ability to Accept TERMS OF USE. YOU affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TERMS OF USE, and to abide by and comply with these TERMS OF USE.
12. Third Party Links. The Site may contain hyperlinks (or “links”) to Internet web sites of third persons and entities. Front Row provides such links solely as a convenience to its Users. Front Row does not maintain and is not responsible or liable for any off-Site web pages accessible from or linked to the Site or any products, Sites or information contained, offered or promoted therein. Your use of links to any third person via the Site is at your own sole risk. YOU agree that the terms, conditions and agreements governing the third person sites shall apply to YOU when accessing such sites via a link from this Site, and YOU agree to abide by such agreements. Links to off-Site web pages do not necessarily constitute third person, sponsorship or affiliation of, with or by Front Row and should not be construed as such. All opinions, recommendations, views, news, information and other content contained in any third person sites are solely those of the third persons, and Front Row disclaims all responsibility and liability for such content.
Front Row makes no claim that the Site may be lawfully viewed or downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If YOU access the Site from outside of the United States, YOU do so at your own risk and YOU are responsible for compliance with the laws of your jurisdiction.
13. Assignment. These TERMS OF USE, and any rights and licenses granted hereunder, may not be transferred or assigned by YOU, but may be assigned by Front Row without restriction.
14. Joint Venture. Nothing in these TERMS OF USE shall constitute or create a joint venture, partnership, or any other similar arrangement between YOU and FRONT ROW. Neither party is authorized to act as agent or bind the other party except as expressly stated herein.
15. Notice to Front Row. Any notice to Front Row that is required or permitted by these TERMS OF USE shall be in writing and shall be deemed effective upon receipt, when delivered in person or mailed by first class, registered or certified mail, postage prepaid, to Front Row Media, Inc., 210 Penn Street, El Segundo, CA 90245.
16. No Waiver of Rights. No failure of either party to enforce any of its rights under these TERMS OF USE will act as a waiver of such rights.
17. Enforceability. If any portion of any provision of these TERMS OF USE is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TERMS OF USE shall remain in full force and effect.
18. Headings. Headings used in these TERMS OF USE are for convenience only. They do not constitute part of these TERMS OF USE.
19. Miscellaneous. YOU agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Front Row, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between YOU and FRONT ROW that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use, together with the Privacy Policy at http://www.frontrowmedia.com/privacy/ and any other legal notices published by FRONT ROW on the Site, shall constitute the entire agreement between YOU and FRONT ROW concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FRONT ROW’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. FRONT ROW reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You may not modify these TERMS OF USE or any of the policies or guidelines governing the Site without Front Row ‘s express written consent. YOU AND FRONT ROW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.