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Terms and Conditions of Use

Last Modified: March 9, 2011

We (the folks at FBiframes) run a Facebook app creation and hosting service through our Website (FBiframes.com) and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your IFrames as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your iframe or get linked to from your IFrame (things like spam, viruses, or hate content).

Terms

Your use of this Website and the FBiframes Facebook applications (collectively "FBiframes") are subject to the following terms of service. These terms may be changed from time to time by posting here or other page linked to from the Website, so please check periodically to ensure you understand the terms covering your use of FBiframes.

By accessing or utilizing FBiframes you agree to these Terms of Service, Facebook’s Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing FBiframes. The materials contained in FBiframes are protected by applicable copyright and trademark law.

By using FBiframes you agree that:

  • You will not send or otherwise post unauthorized commercial communications (such as spam) using FBiframes.
  • You will not collect users’ content or information, or otherwise access FBiframes, using automated means (such as harvesting bots, robots, spiders, or scrapers).
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, using FBiframes.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
  • You will not use FBiframes to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working of FBiframes, such as a denial of service attack.
  • You will not facilitate or encourage any violations of this Statement.
  • You will not upload to FBiframes or link to any copywritten media (image, video, music, etc. files) which you do not hold usage or distribution rights.

Use of FBiframes on Facebook Platform

You must abide by all of the rules, regulations and policies regarding Facebook and its uses. By not adhering to your Facebook user agreement you run the risk of account termination by Facebook and FBiframes. FBiframes does not condone or support any violation of the policies that Facebook has applied to any personal accounts or to the accounts of businesses. FBiframes are in no way affiliated with or sponsored by Facebook.

Use License

  1. Permission is granted to use FBiframes, provided by FBiframes, and all of its services for personal, business or corporate uses. This grants you or your company a license and under this license you may not:
    1. Copy and redistribute the materials;
    2. attempt to decompile or reverse engineer any software contained in or through FBiframes;
    3. remove any copyright or other proprietary notations from the materials; or
    4. transfer the materials or inner workings to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by FBiframes at any time. Upon termination of this license or agreement, you must destroy any materials that you possess (electronic or otherwise) and you will be refused access to FBiframes.

Payment, Refunds, Upgrading and Downgrading

You can cancel, upgrade or downgrade (where applicable) at any time, but we don’t normally offer refunds when you cancel.

If you are unsatisfied with your FBiframes experience or you feel that signing up was a mistake then you can cancel anytime.

We are required to provide a refund only if we terminate our Services to you without cause before the end of a billing period for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund and applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.

A valid credit card is required for paying accounts. Service is billed in advance on a monthly or annual basis, based on which option was selected by the User, in accordance with our Payment Schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service. You will be billed for your first month or year immediately upon submitting your payment details when making a frame live, and each month or year thereafter, in accordance with our Payment Schedule.

Payment Schedule

  • If the Service is on a monthly plan, you will be charged every 30 days, starting from the day you first paid for the Service.
  • If the Service is on an annual plan, you will be charged every year on the day of the that you first paid for the Service.

When you upgrade, you will be charged the pro-rated difference between the new plan and the old plan.

When you downgrade, you will receive a credit for the pro-rated difference between the new plan and the old plan. This credit will be applied to your account at the start of each billing cycle until the credit balance reaches zero.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

DOWNGRADING A PLAN MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF THAT SERVICE. FBIFRAMES DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Violation of these Terms of Service

FBiframes reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. FBiframes may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that FBiframes has no obligation to pre-screen or monitor your access to or use of the FBiframes Site or any information, materials or other content provided or made available through the FBiframes Site, but has the right to do so. You hereby agree that FBiframes may, in the exercise of FBiframes’ sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking here, clicking on the Account link in the navigation bar at the top of the screen and following the onscreen prompts.

Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from FBiframes once your account is canceled. Please be aware that FBiframes may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately and you will not be provided any refund for unused time in your Service period.

Data

Uploaded media is intended for use by the user’s Facebook tabs, or any communication that originates from the user’s Facebook tabs. We reserve the right to transfer your account to a custom plan if resource consumption is disproportionate to typical users on the same plan.

Specific items not allowed on FBiframes (uploaded, linked to, or otherwise) include:

  • Copyrighted content to which you do not hold usage or distribution rights.
  • File upload / sharing / archive / backup / mirroring / distribution sites.
  • Making your account resources available (whether for free or pay) to the general public.
  • Abusive scripts/Processes
  • Adult content
  • Personal backups
  • Spamming

Termination

FBiframes reserves the right to terminate any free Accounts that do not publish within 6 months or is not logged into for 6 months. FBiframes in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case FBiframes may refuse to provide you any current or future use of the FBiframes Site, or any other FBiframes Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from FBiframes once your account is terminated; however FBiframes may for a time retain residual information in our backup and/or archival copies of our database.

FBiframes reserves the right to refuse service to anyone for any reason at any time.

Modifications to the FBiframes Site and Prices

We don’t like changing our prices, but if we have to, we’ll give you lots of notice before we do.

  • FBiframes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the FBiframes Site and Services (or any part thereof) with or without notice.
  • Prices of all FBiframes Services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the FBiframes Site.
  • FBiframes shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the FBiframes Service.
  • FBiframes reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current FBiframes Site or Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the FBiframes Site after any such changes shall constitute your consent to such changes.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to FBiframes. Your profile and materials uploaded remain yours. However, by creating IFrames, you agree to allow others to view and share any Content on those IFrames.

FBiframes does not pre-screen Content, but FBiframes and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is on FBiframes.

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN FBIFRAMES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. FBIFRAMES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FBIFRAMES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. FBIFRAMES DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE FBIFRAMES SITE WILL BE CORRECTED. FBIFRAMES AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. FBIFRAMES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FBIFRAMES.COM SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FBIFRAMES SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT ON THE FBIFRAMES SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL FBIFRAMES OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR FBIFRAMES SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF FBIFRAMES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR FBIFRAMES SITE, FROM INABILITY TO USE THE SERVICES OR FBIFRAMES SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR FBIFRAMES SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR FBIFRAMES SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FBIFRAMES SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall FBiframes or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Revisions and Errata

The materials appearing on FBiframes could include technical, typographical, or photographic errors. FBiframes does not warrant that any of the materials on FBiframes are accurate, complete, or current. FBiframes may make changes to the materials contained on FBiframes and its web site at any time without notice. FBiframes does not, however, make any commitment to update the materials.

Links

FBiframes has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FBiframes of the site or application. Use of any such linked web site is at the user’s own risk.

Site Terms and Conditions of Use Modifications

FBiframes reserves the right to grow and adapt, meaning that we may revise these terms of use for FBiframes at any time without notice. By using FBiframes you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to FBiframes’s web site or application shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions.

Questions?

Questions about the Terms of Service should be addressed to contact@fbiframes.com.