Effective Date: December 22, 2017
The Frameplicity Site ("Frameplicity," "Site," "Our," or "We") helps programmers learn a web development framework ("Frameplicity Service" or "Service") that was created by Scott Schwarz, ("Owner," "Schwarz or "Frameplicity").
Your use of the Service is subject to the terms and conditions set forth in these Terms of Service (the "Terms of Service").
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
2. Content. All Content is the sole responsibility of the person who originated such content. All information and Content displayed on the Site published by Owner is 'Owner's Content." The Owner's Content are his opinions only and are not the opinions, policy or instruction of any past or present employer. Frameplicity makes no representations as to the accuracy or completeness of any information on this site or found by following any links on this site. Frameplicity will not be liable for any errors or omissions in this information nor for the availability of this information. Frameplicity will not be liable for any losses, injuries, or damages from the display or use of this information.
You acknowledge that all Content transmitted or accessed by you using the Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the Service, and you warrant that you possess all rights necessary to provide such Content and that you do not violate any third party's rights in providing such Content. We reserve the right to remove, and to allow certain users to remove, any objectionable Content in our sole discretion. You understand that by providing Content publicly in connection with the Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our Service. For purposes of these Terms of Service, the term "Content" includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Service. Frameplicity and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
3. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If the Service were discontinued at any time, all data would be deleted pursuant to the discontinuation process.
5. Warranties, Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, FRAMEPLICITY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "FRAMEPLICITY PARTIES"), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FRAMEPLICITY PARTIES MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
THE FRAMEPLICITY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY 'BUG' OF THE SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE SERVICE OR BETWEEN A USER OF THE SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FRAMEPLICITY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE FRAMEPLICITY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO FRAMEPLICITY VIA THE SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY FRAMEPLICITY TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Use of the Service. You may be required to establish an account in order to use the Service and/or take advantage of certain features. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service; (b) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Frameplicity has reasonable grounds to suspect that such information is false, inaccurate or outdated, Frameplicity has the right to suspend or terminate your account and prohibit any and all current or future use of the Service by you; and (c) that your account is for your personal, non-commercial use only. By creating an account, you agree to receive certain communications in connection with the Service.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account.
You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with the Service.
You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others' intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other user's use of the Service.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.
You may not use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service.
You further agree that you will not access the Service by any means except through the interface provided by Frameplicity for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of Frameplicity is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of Frameplicity is prohibited. Any permitted links to the Service must comply with all applicable laws, rule and regulations.
Frameplicity makes no representation that Materials contained, described or offered via the Service are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Service and reside outside the United States do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Service from any territory where its contents are illegal, and that you, and not the Frameplicity Parties, are responsible for compliance with applicable law.
Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
7. Your Communication. Frameplicity welcomes and encourages You to communicate your ideas, questions, requests, suggestions, documents, proposals, observations, information, comments or feedback to the Owner. All such information that You communicate to Frameplicity is "User Communication". User Communication may be initiated by sending an email to Frameplicity at email@example.com. Following this initation, You and the Owner may continue communicating via email or through Amazon Web Services. By communicating User Communication to the Owner, you agree that (i) We are not obligated to respond to your User Communication, (ii) your User Communication does not contain the confidential or proprietary information of third parties, (iii) We are under no obligation of confidentiality, express or implied, with respect to the User Communication, (iv) We may have something similar to the User Communication already under consideration or in development, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the User Communication, and you irrevocably waive, and cause to be waived, against Frameplicity and its users any claims and assertions of any moral rights contained in such User Communication.
You agree not to send User Communication to Frameplicity that (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or communication that We deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or communication that is illegal; (vi) contains any information or v that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) contains any information or communication that you know is not correct and current or (viii) contains material that We deem to be solely marketing or advertising. You agree that any User Communication that you communicate does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. Frameplicity reserves the right, in its sole discretion, to remove any communication that violates these provisions. Further. Frameplicity may block your email or IP address, or otherwise terminate your access to the service immediately and without notice, for any User Communication that is found to be violating these provisions.
Under the terms of this Agreement, You are granted a non-exclusive license to use the Service. Frameplicity reserves the right to revoke and terminate this license at any time.
8. Intellectual Property. You acknowledge that all materials on the Service, including, but not limited to, the Website design, Application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Frameplicity and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Frameplicity authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Frameplicity or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described in the Service are the sole property of Frameplicity and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Frameplicity and/or its licensors. Frameplicity reserves the right to enforce its intellectual property rights to the fullest extent of the law.
Your use of the Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Service are either the property of Frameplicity, its affiliates or licensors. Frameplicity retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Frameplicity to you are fully reserved by Frameplicity, its advertisers and licensors.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.
9. DMCA Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Bluehost.com, the hosting company for the Site. For your complaint to be valid under the DMCA, you must provide Bluehost.com with the following information:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Frameplicity to contact you, such as your address, telephone number, and e-mail address;
5. 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 law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information may be emailed to Bluehost at firstname.lastname@example.org. If you do not receive a response to your email from Bluehost, submit a duplicate of the above information to Bluehost, ATTN: Legal Department, 1500 N Priest Drive, Tempe, AZ 85281 or by fax to 781-998-8277.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
10. User Representations. You represent that you are eighteen (18) years of age or older. If you are under 18, you must be at least 13 years of age or older and possess legal parental or guardian consent or are an emancipated minor and are fully able and competent to enter into terms, conditions, obligations, affirmations, representations and warranties as set forth in this Agreement and are able to abide by this Agreement. If you are not at least 13 years of age, you are not allowed to use our Services. Further, You represent that You have the written consent of each and every person whose content You are using and you have their permission to use their name and likeness as described in this Agreement, and those people have released You from liability for such use. Further, You represent that your User Communication and Frameplicity's use thereof, under this Agreement, will not infringe on the intellectual property rights or any other rights of third parties.
11. Indemnification. You agree to indemnify, defend and hold harmless Frameplicity, and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys' fees) and/or actions arising from: (i) your act(s) or omission(s); (ii) your violation of any applicable law, including, without limitation, the United States CAN SPAM Act and Canada's Fighting Internet and Wireless Spam Act; (iii) your breach of any term or condition set forth in this Agreement; (iv) your breach of any of representation(s) or warranties set forth herein; and/or (v) your infringement or misappropriation of any intellectual property rights or other rights of any person or entity.
12. Limitation of Liability. In no event will Frameplicity or any of its representatives be liable to a User or any other party for any special, direct, indirect, incidental, exemplary, consequential or punitive damages arising from or related to the service or to this Agreement. No claim may be asserted by You against Frameplicity more than twelve (12) months after the date of the cause of action underlying such claim. In the event of any failure, or Frameplicity's non-provision, of the Services, User's sole and exclusive remedy shall be for Frameplicity to use commercially reasonable efforts to repair or provide the Services.
A. Governing Law. This Agreement will be governed by the laws of the State of California as applied to agreements entered into and performed, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
B. Arbitration. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the International Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in the State of California. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Frameplicity shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of California, to which jurisdiction, for such purpose, You hereby irrevocably consent.
C. Relationship. This Agreement does not create a partnership, joint venture or agency relationship between Frameplicity and User. A User does not have any right, power, or authority to act as a legal representative of Frameplicity.
D. Assignment. Users may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of Frameplicity. Any such transfer, assignment, sublicense or delegation without consent will be null and void.
E. Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.
F. Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.
G. Entire Agreement. This Agreement, as amended from time to time by Frameplicity, constitutes the entire agreement and understanding between You and Frameplicity and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the Frameplicity and User.
H. No Waivers. Frameplicity's failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.
I. Notice. Frameplicity may provide a User with general notice by electronic mail to User's e-mail address of record, or by written communication sent by first class mail or pre-paid post to User's address of record, or to such other address designated by User and communicated to Frameplicity in accordance with the notice delivery provisions stated above. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing if sent by first class mail or pre-paid post, or twelve (12) hours after sending if sent by electronic mail. Except as otherwise provided herein, User must give notice to Frameplicity (such notice shall be deemed given when received by Frameplicity) by sending an email to email@example.com.