Terms of Service
BY CLICKING THE "CREATE ACCOUNT" BUTTON, YOU AGREE TO BE BOUND BY REFRAME-IT, INC'S (hereinafter REFRAME-IT) TERMS AND CONDITIONS OF USE OF THIS WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS FOR USING THIS WEB SITE DO NOT CONTINUE.
- REFRAME-IT shall make a web site accessible to YOU under conditions as set forth herein and as may be imposed by REFRAME-IT from time to time, whereby YOU can access, review, and post materials to the REFRAME-IT Margin/Comment Forum. The data made available to YOU at the web site as compiled by REFRAME-IT remains REFRAME-IT's property and may neither be copied nor used for the purpose of creating a similar web site and service as provided by REFRAME-IT. Downloading of contents from the web site does not transfer title to the contents or create any intellectual property rights therein to YOU.
- YOU agree REFRAME-IT shall have a permanent, irrevocable, non-exclusive license (with the right to sub-license at REFRAME-IT'S sole discretion) to use any material you post to the REFRAME-IT Margin/Comment Forum to be used in any manner or medium at REFRAME-IT's sole discretion. YOU further agree that material posted on the REFRAME-IT Margin/Comment Forum is "information provided by another information content provider" within the meaning of 47 U.S.C. § 230.
- YOU agree not to reverse engineer or cause to be reverse engineered the coding, scripts and other programming on REFRAME-IT's web site for any purpose. YOU agree not to incorporate or cause to be incorporated, in whole or in part, any coding, scripts or other programming on REFRAME-IT's web site into any other software product. YOU agree not to reproduce, attempt to reproduce, or cause to be reproduced, in whole or in part, the functionality of REFRAME-IT's web site using any information gained by accessing the site whether or not confidential.
- YOUR access to REFRAME-IT's web site shall be for the convenience of YOU and REFRAME-IT shall not be responsible for any errors or omissions in the data base at the web site or for interruptions, defects, viruses or damaging elements or from actions by YOU on the basis of data on the web site. REFRAME-IT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR INFORMATION CONTAINED ON THIS WEB SITE AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS". THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY REFRAME-IT WITH RESPECT TO THE SITE AND THE CONTENT THEREOF.
- REFRAME-IT has no obligation to monitor these services, or this self-published content, we reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us in our sole discretion and to disclose any information necessary to satisfy the law, regulation, or government request. REFRAME-IT also reserves the right to permanently block any user who violates these terms and conditions.
- IN NO EVENT WILL REFRAME-IT OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT THEREOF, EVEN IF REFRAME-IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIABILITY OF REFRAME-IT OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING INFORMATION FROM THIS WEB SITE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
- These terms of USE shall be governed by and construed in accordance with the laws of the State Of California, USA. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and superseded any prior written oral agreement or understanding between the parties with respect to this Site and cannot be changed or terminated orally. The invalidity or un-enforceability of any provision of the Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. REFRAME-IT reserves to terminate access by YOU to the web site. REFRAME-IT further reserves the right to terminate these terms of use without notice, if, in REFRAME-IT's sole discretion, YOU fails to comply with any Terms Of Use. Upon termination, YOU agrees to destroy all materials obtained from this web site, as well as copies and related documentation thereof.
Digital Millennium Copyright Act
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If you are a copyright owner or an agent thereof and believe that any Submission or other content 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 service provider to locate the material;
Information reasonably sufficient to permit the service 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.
ReFrame It's designated Copyright Agent to receive notifications of claimed infringement is: Sean Salloux, 3080 Valmont Rd., Suite 290, Boulder, CO 80301-2152. Email: dmca@reframeit.com. 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.
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Counter-Notice. If you believe that your Submission 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 content in your User Submission, 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 California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, ReFrame It 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 ReFrame It's sole discretion.


