Terms of Service

Date of Last Revision: July 12, 2023

ACCESS AND USE OF THE SERVICES

Description: These Terms of Service, together with the accompanying Privacy Policy, constitute the entire agreement between you and Frankly Media Company and govern your use of the Services, superseding any prior agreements between you and Frankly Media Company with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software.

The Website is an administrative platform only. Frankly Media Platform facilitates content promotion and permits Users to make content Transactions. Frankly Media Company is a nonprofit corporation.The Platform allows an individual users to transact in goods or services through the Website.

You acknowledge that all information and content accessed by you using the Website Platform is at your own risk

User Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Frankly Media Platform of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. Frankly Media Company will not be liable for any loss or damage arising from your failure to comply with this Section.

You are solely responsible for compliance with all applicable law sin relation to your use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. If you are not the Beneficiary of the Fundraiser you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.

Privacy Policy: We respect the privacy of our Users. For details please see our Privacy Policy (add link). By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge Frankly Media Company’s collection and use of personal information as described in the Privacy Policy.

Content Manifestly Made Public by the Service.

Content; Public Display of Information and Transactions.Some of your activity on and through the Services is public, such as content on the Website (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials posted by Frankly Media through the Services or share with other Users or recipients) (“Content”). Please remember that if you choose to provide information using certain public features of the Frankly Media Platform, then that information is governed by the privacy settings of those particular features and may be publicly available. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services.
User obligations. Please be advised that Content and other information, provided is only made publicly accessible on the Website Platform, by purchasing links to the Content made aviavle on the Website (a) you agree that you are under the obligation of confidentiality, expressed or implied, with respect to the Content; (b) you acknowledge that we may have something similar to the Content already under consideration or in development; (c) you agree that Frankly Media Company is exclusively entitled to distribute Content including links permitting access to said Content and is entitled to restricted use and dissemination for any purpose, commercial or otherwise, without written permission of Frankly Media or compensation to Frankly Media.

This section shall survive any termination of your account or the Frankly Media Platform. You acknowledge and agree that Frankly Media Company may use or disclose your User Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Frankly Media Company, its Users or the public.

RESERVATION OF RIGHTS AND WARRANTIES

Frankly Media Company reserves the right to refuse, condition, or suspend any Transactions or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or Frankly Media Company, or that expose you, Frankly Media Company, or others to risks unacceptable to us. We may share any information related to your use of the Frankly Media Platform with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal or contractual obligations. This information may include information about you, your account, your Donors, your Transactions, and transactions made through or in connection with your use of the Website services. We further reserve the right, without limitation, to ban or disable your use of the Frankly Media Platform, remove the offending User Content, suspend or terminate your account, stop payments to any such Fundraiser, freeze or place a hold on Transactions, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.

Without limiting the foregoing, you agree and represent, warrant and covenant:

1. not to use the Frankly Media Platform with the implicit or explicit purpose of promoting or involving:

the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Frankly Media Website Platform;
or any other activity that Frankly Media Company may deem, in its sole discretion, to be unacceptable.

2. not to use the Services to transmit or otherwise (i) infringe any intellectual property or other proprietary rights of any party;

3. not to interfere with or disrupt servers or networks connected to or used to provide the Frankly Media Platform or its respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Website services;

4. not to harvest, collect or publish intellectual property rights protectable Content or personally identifiable information of others;

5. not to engage in any conduct that, in Frankly Media Company’s sole judgment and discretion, restricts or inhibits any other User from using or enjoying the Website services;

6. not to gain unauthorized access to the Frankly Media Platform, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;

7. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;

8. not to use the Frankly Media Platform to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Frankly Media Platform for activities in accordance with these Terms of Service is expressly permitted;

14. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Website services; or

15. not to attempt to undertake indirectly any of the foregoing.

Additionally, with respect to all Transactions you make or accept through the Website, you agree and represent, warrant and covenant:

1.not to make or accept any Transactions that you know or suspect to be erroneous, suspicious or fraudulent;

2. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government;

3. to maintain reasonable and standard security measures to protect any information transmitted and received through the Website services, including without limitation, adhering to any security procedures and controls required by Frankly Media Company from time to time;

4. to maintain a copy of all electronic and other records related to Transactions as necessary for Frankly Media Company to verify compliance with these Terms of Service and make such records available to Frankly Media Company upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and

5. at Frankly Media Company’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by Frankly Media Company, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.

INTELLECTUAL PROPERTY

Website Services and Content: You acknowledge and agree that the Website may contain content or features (“Website Services and Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Frankly Media Platform or the Services Content, in whole or in part. In connection with your use of the Frankly Media Platform you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by Frankly Media Company from accessing the Frankly Media Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking. Any use of the Frankly Media Platform or the Website other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Content or share links to the same. Any rights not expressly granted herein are reserved by Frankly Media Company.

Copyright or Trademark Complaints: Frankly Media Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Frankly Media Company of your infringement claim in accordance with the procedure set forth below.

Frankly Media Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), trademark infringement and and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be emailed to Frankly Media Company’s Copyright Agent at frankly.mdear.media@gmail.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Frankly Media Copyright Agent:

Frankly Media Company

Attn: Legal

Mailing Address: frankly.mdear.media@gmail.com

DMCA Notice Requirements: The infringement notification must be in writing and contain the following information:

a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf, and
your signature or the signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, you may send a written counter-notice containing the following information to the above-listed 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 email address, 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, Frankly Media Company will send a copy of the counter-notice to the original complaining party, informing that person that Frankly Media Company may replace the removed content or cease disabling it in 10 business days. Unless the 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 our sole discretion.

DISCLAIMERS, INDEMNITIES AND DISPUTES

Defamation Disclaimer: The material and information contained on this website is for general information purposes only. You should not rely upon the material or information on the website as a basis for making any business, legal or any other decisions. We endeavor to keep the information up to date and correct, Frankly Media makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the Frankly Media Platform, Website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such material is therefore strictly at your own risk.

Frankly Media Company will not be liable for any false, inaccurate, inappropriate or incomplete information presented on the website. Although every effort is made to keep the website up and running smoothly, due to the nature of the Internet and the technology involved. Certain links in the Frankly Media Platform and or Website will lead to websites which are not under the control of Frankly Media Company. When you activate these you will leave the Website. Frankly Media Company has no control over and accepts no liability in respect of statements, opinions, materials, products or services available on any website that is not under the control of Frankly Media Company.

To the extent not prohibited by law, in no circumstances shall Frankly Media Company be liable to you or any other third parties for any loss or damage (including, without limitation, damage for loss of business or loss of profits) arising directly or indirectly from your use of or inability to use, the Frankly Media Platform, Website or any of the material contained in it.

*Content and Releases.* Browse our content and releases but be aware that the opinions expressed by the authors and those providing content are theirs alone, and do not reflect the opinions of Frankly Media Company. Frankly Media Company is not responsible for the accuracy of any of the information supplied by or in relation to any content that is posted. You should bear in mind that circumstances change and that information that may have been accurate at the time of posting will not necessarily remain so.

Indemnity and Release: You agree that you are solely responsible for your interactions with any other User in connection with the Services and Frankly Media Company will have no liability or responsibility with respect thereto. Frankly Media Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services. Frankly Media Company has no control over the conduct of, or any information provided by, any User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.

Disputes: You agree that all disputes between you and us or any of our officers, directors or employees, regardless of whether such dispute involves a third party, including without limitation disputes related to these terms of service, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration and you and we hereby expressly waive trial by jury.

Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org.

If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.

TERMINATION

You agree that Frankly Media Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

QUESTIONS?

Please contact us to report violations or with any questions or requests for clarification.

Payment Processor: Frankly Media Company is not a payment processor and does not hold any funds. Instead an Organizer uses third-party payment processing partners to process Transactions (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Services and that the Frankly Media Platform may exchange information with Payment Processors in order to facilitate the provision of Frankly Media Platform services.

Transaction Fees: Although there are no fees to Users to set up a Fundraiser, please keep in mind that transaction fees, including credit and debit charges, may be deducted from each donation (referred to as “Payment Processor Transaction Fees”). To learn more about the Frankly Media Platform and the applicable Transaction Fees, contact the Users of the Fundraiser.