Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND GLOBAL FRAME governing your use of this Service, www.globalframe.net, which includes but is not limited to products, software and services offered by way of the website and other applications that link to these Terms (the “Service”).
Your use and browsing of the Service is at your risk. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Service.
In order to utilize certain functionality of the Service, you must complete a registration process. As a registered user of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Global Frame of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Global Frame from any loss or damage arising from unauthorized use of your password or user name.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Global Frame and processing of such data by Global Frame in connection with your use of the Service. You consent to the technical processing and transmission involved in your use of the Service, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property Issues
The Service is owned by Global Frame. All of the content featured or displayed on the Service, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Global Frame.
Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws you agree:
- 1.- That you may only download Content that Global Frame designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
- 2.- To not reproduce, distribute, modify, re-post on another Service (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Global Frame.
- 3.- To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
- 4.- To refrain from framing, inline linking, or mirroring any portion of the Service.
- 5.- You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Service (“Your Content”).
- a.- Global Frame will make no sale of Your Content to a third party unless and until you have expressly consented to be represented by Global Frame Image and Video Sales.
- b.- By uploading Your Content, however, you grant Global Frame (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a worldwide, perpetual license to display, distribute, reproduce, and create derivatives of Your Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with Global Frame Products. Global Frame may license or sublicense, in whole or in part, to third parties rights in Your Content as appropriate to distribute, market, or promote such Global Frame Products. You also grant Global Frame permission to use and authorize others to use your name and any profile picture you provide in association with Your Content for identification, editorially, publicity related to Your Content or the Service, and for similar institutional promotional purposes. You also agree that Global Frame may make Your Content available to users of the Service who may display and redistribute it in the same way that Global Frame makes all other Content available.
- c.- Global Frame may use Your Content, without compensation to you, in any Global Frame Products that feature Your Content in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), the special section or community of the Service to which it was submitted.
- d.- Global Frame may exercise its rights to use Your Content in Global Frame Products other than described in sub-section c., immediately above (e.g. for an “App,” a book or e-book, merchandise, etc.), and will pay you at Global Frame’s rates.
- e.- To enable Global Frame to use Your Content in Global Frame Products, Global Frame may request you to provide Your Content in other formats, and if technically possible, you agree to provide Your Content in such other formats so long as Global Frame pays you the reasonable out of pocket costs of providing Your Content in such other formats.
- f.- Any payment to you is conditioned upon you keeping your registration information up to date and you completing any paperwork that Global Frame requires to make payments to third parties. Global Frame also reserves the right not to make payment to you if Global Frame reasonably believes that to do so would violate applicable law.
- 6.- If you believe that your work has been used in a way that may constitute copyright infringement, please provide Global Frame the following information:
- a.- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- b.- A description of the copyrighted work that you claim has been infringed.
- c.- A description of where the material that you claim is infringing is located on the Service (such as the URL).
- d.- Your address, telephone number, and e-mail 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.
- 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 owner or authorized to act on the copyright owner’s behalf.
The Service is provided for informational purposes only. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Although Global Frame does not routinely monitor the postings to the Service, Global Frame reserves the right (but assumes no obligation) to delete, move, or edit any Your Content that comes to its attention that Global Frame considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Global Frame, restricts or inhibits any other user from using or enjoying the Service will not be permitted. Global Frame reserves the right to refuse access to the Service to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Service, or any of the copyright or trademark laws.
The Service may provide, or third parties may provide, links to other sites or resources. Because Global Frame has no control over such sites and resources, you acknowledge and agree that Global Frame 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 Global Frame shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
Your interactions with companies, organizations and/or individuals found on or through our Service, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that Global Frame will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Service, or between a user and any third party, Global Frame is under no obligation to become involved, and you agree to release Global Frame and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Service.
Global Frame wants to encourage an open exchange of information and ideas on the Service. You can expect the Service to include information and opinions from a variety of individuals and organizations other than Global Frame. Global Frame neither endorses nor guarantees the accuracy of any of Your Content. Global Frame may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, Global Frame engages in no routine monitoring of Your Content on the Service. There is no substitute for healthy skepticism and your own good judgment.
You agree to assume full and sole responsibility for any Your Content you post to the Service, and you agree to:
- 1.- Abide by the Global Frame Community Rules (which are fully incorporated into these Terms).
- 2.- Represent that you are the owner of Your Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Global Frame’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any Your Content that you post, and nothing you post will infringe on the rights of others.
- 3.- Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive Your Content, or Your Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other Your Content that infringes on the ability of others to enjoy the Service or is otherwise inappropriate.
- 4.- Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information, and to associate it with you (i.e. your user name and if applicable any profile photo).
- 5.- Neither post nor transmit through the Service any Your Content that constitutes advertising or solicitation with respect to any product or service.
- 6.- Not post anonymously or impersonate any other person.
- 7.- Use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Service. Exception is made for publicly available Internet search engines (e.g., Google, Bing) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content.
- 8.- Not to alter or modify any part of the Service, make no use that would interfere with or disrupt the Service or servers or networks connected to the Service, make none of Your Content available (whether through upload, post, email, transmit, or otherwise) 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 neither circumvent nor disable any security or data-protection measures implemented by Global Frame.
- 9.- Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Service.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, GLOBAL FRAME RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
You agree to indemnify, defend, and hold harmless Global Frame; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Service from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation of these Terms. Global Frame reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Global Frame.
Certain sections of this Service may allow you to purchase different types of products and services online that are provided by third parties. Global Frame has no responsibility for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Service, or on a third-party website that you have accessed via a link on the Service, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and Global Frame. A merchant may have privacy and data collection practices that are different from Global Frame. Global Frame has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Service, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release Global Frame and its affiliates from any damages that you incur, and agree not to assert any claims against Global Frame or any of its affiliates, arising from your purchase or use of any products or services made available by third parties through the Service.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service, and to purchase services or products through the Service, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Valencia (Spain). Judgment upon any award rendered may be entered in the highest court of the forum or state having jurisdiction. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of Spain, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate of interest, to the successful party. If you are an agent for or an employee of a non-Spain company but operate in a place of business in Spain or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within Spain in the manner described here. If Global Frame is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Global Frame for its respective legal fees, costs, and disbursements if Global Frame is successful.
These Terms and any other operating rules or terms currently posted on the Service constitute the entire agreement between Global Frame and the users of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Global Frame may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.