Effective Date: January 29, 2013

NOTE: We have a zero tolerance policy for objectionable content. If you are found to be transmitting objectionable content, you will be banned from the system. Users who receive objectionable content are encouraged to report the offending user.

Welcome to the Frame Party application for iPhone & Android by VibraMedia, LLC ("VibraMedia", "Frame Party", "we", "us"). The application as a whole and all rights, titles, and interests in and to the application are owned by the VibraMedia, LLC. These terms were last updated on January 29, 2013, and the Frame Party team reserves the right to change and update them without warning or notification. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this application and this Policy periodically and to be aware of any modifications. You may identify whether VibraMedia, LLC has revised this policy by noting the "Effective Date" above. Your continued use of the application after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy. If you do not agree to these terms, please do not access or use this application.

PLEASE REVIEW THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE USING THE APPLICATION

Your access and use of the Frame Party application is governed by the following terms of use ("terms"). If you do not agree with these terms please exit and delete the application. By using the application you are hereby agreeing to abide by both the terms detailed below as well as the Privacy Policy.

WHAT YOU CANNOT DO WITH THE APPLICATION

In addition to the other restrictions outlined in these terms, when using the Frame Party application, you agree to not:

  1. Use any data mining or extraction methods in relation with the application
  2. Interfere with or hinder the operation of the application or any other individual's use of the application in any way
  3. Inflict or impose any perverse or excessive burden on the application in any way
  4. Compromise the security of the application
  5. Use the application for any purpose that is illegal, beyond the scope of the application's intended use, or prohibited in these terms
  6. Utilize the application to transmit spam, viruses, bugs or any material that could be considered racist, threatening, or unlawful in any way.

ACCOUNT SECURITY

After opening an account in the Frame Party mobile application (after registration screen) you accept all responsibility for any activity that occurs while logged into your account. Subsequently, you alone are responsible for making sure that your account information is kept secure and safe. In the case that your mobile device or Frame Party account is compromised, please notify the Frame Party team immediately at support@vibramedia.com.

INTELLECTUAL PROPERTY

Unless otherwise stated, all materials on the Frame Party mobile application, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the application, as well as their selection and arrangement are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of this content violates such laws and these terms. Except as expressly provided herein, the Frame Party team does not grant any express or implied rights to use this content. By agreeing to these terms you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the content, the application or any related software, except as expressly provided herein.

INDEMNIFICATION

By agreeing to these terms you agree to indemnify, defend, and hold harmless VibraMedia, LLC, its employees, subsidiaries, affiliates, licensors and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to your use of the application.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will VibraMedia, LLC or any of its affiliated entities be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from any of:

  1. The use of, or inability to use, the application
  2. The performance of the services and materials available from the application
  3. The conduct of other users of the application, even if VibraMedia has been advised of the possibility of such damages.
You assume total responsibility for your use of the application. Your only remedy against VibraMedia for dissatisfaction with the application or any content is to stop using the application. If, notwithstanding the terms, VibraMedia is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the application or any content, VibraMedia, LLC's liability shall in no event exceed $1.05. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

CONTROLLING LAW AND SEVERABILITY

This Agreement, as well as the Frame Party privacy policy, is governed by and shall be construed in accordance with the law of the State of Delaware, exclusive of its conflict-of-laws principles. In the event of a conflict between the provisions of this Agreement and any provision of the Certificate of Formation or the Act, the applicable provision of this Agreement shall control, to the extent permitted by law. If any provision of this Agreement or the application thereof to any person or circumstance is held invalid or unenforceable to any extent, the remainder of this Agreement and the application of that provision shall be enforced to the fullest extent permitted by law.

SPECIAL NOTE TO INTERNATIONAL USERS

The Frame Party Sites and Services are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the Frame Party Sites and Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Frame Party Sites and Services, which are governed by U.S. law, this Privacy Notice, and our Terms & Conditions, you are transferring your personal information to the United States and you consent to that transfer.

COMPLETE AGREEMENT

These terms supersede all prior understandings regarding the same and represent the complete agreement between you and the Frame Party team. No changes or amendments to these terms will be binding unless in writing and signed by us.

QUESTIONS AND COMMENTS

The Frame Party team welcomes any comments, questions, concerns, or suggestions that you might have. Please send all feedback to legal@vibramedia.com.