Terms of Service
Last Updated: April 6, 2013
These Terms of Service (these "Terms") explain how you can use the Frantic services, websites, software and apps (collectively "Service"), provided by Frantic, ("Frantic," "we" or "our"). They apply to all visitors, users and others who access the Service ("users").
Scope of Service
The Frantic Service makes extensive use of modern browser technologies, such as CSS3 and HTML5 to improve the overall Service quality and user experience. While do our best to ensure the Service works on as many browsers as possible, the service is not guaranteed to work, and probably will not work on browsers not listed below:
- Safari (v5+)
- iOS (v6.1.3+)
- Firefox (v4+)
- Chrome (v13+)
When you create an account, you may use any name (real, fake or otherwise) for other users to see. If you create a "pseudo anonymous" account, please provide your real name for billing purposes. If you create a "parody" account, you must clearly label your account as such and still provide your real name for billing purposes.
When you create an account you also agree to maintain the security of your password and accept all risks of unauthorized access to your account data and any other information you provide to Frantic.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
Payments and Fees
The Service uses PayPal, and other payment providers as indicated on the purchase page. You also may be required to create an account with such payment method provider and to provide that payment method provider with your credit card or other details. By using the services of an alternate payment method provider such as PayPal, you will be bound by that party's terms and conditions, which are available on that party's website.
Service subscription fees will be billed up front on a recurring monthly basis, while additional products and services (not of a recurring nature) will be billed at the time of purchase. All fees will be billed to the payment method designated during the checkout process, unless our payment method changes. Frantic reserves the right to change the payment methods offered at any time.
You agree to pay for all products you purchase through the Service, and that Frantic may charge your account for any product purchase, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Cancellations and Refunds
You may terminate or suspend your account by e-mailing email@example.com. On cancellation you may request that we provide you with a pro-rated refund for the remainder of the current month, minus any fees and changes incurred by the payment gateway. Please send an email to firstname.lastname@example.org to request a refund.
Prices & Availability
All prices are shown in U.S. dollars. While we have the right to change the prices at any time, the prices associated with your subscription will become effective subject to the renewal provisions below.
At the expiration of your subscription, Frantic will automatically bill your credit card for an additional service term equal to the length of time of your original subscription. Unless you notify Frantic that you wish to cancel your services prior to the cancellation of your subscription, your subscription will automatically renew. For all membership tiers, the renewal fees will be equal to the lowest published Service fees for your member tier as published by Frantic at the renewal date.
Customers may access their Frantic account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Frantic Site, is bound by these Terms of Service plus the following specific terms:
You expressly understand and agree that Frantic shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Frantic has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to Frantic via the API may result in the temporary or permanent suspension of your account's access to the API. Frantic, in its sole discretion, will determine abuse or excessive usage of the API. Frantic will make a reasonable attempt via email to warn the account owner prior to suspension.
Frantic reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Our Service allows you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to the Service, you grant us the right and license to use, host, reproduce and modify your content on or through the Service (including via applications). We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself. The rights that you grant in this license are for the limited purpose of operating and improving our Service. Make sure that you have the necessary rights to grant us this license for any content you submit to our Service.
This website, including, without limitation, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Service and information contained herein, are the property of Frantic and are protected under applicable copyrights, trademarks and other proprietary laws (including but not limited to intellectual property). The copying, redistribution, use, or publication by you of any such matters or any part of the Service is strictly prohibited. By using the site, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, print or circulate any of the contents of this Service to anyone without the express, prior written consent of Frantic.
Hyperlinks and Third Party Content
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any Frantic trademark, logo or other proprietary information without Frantic's express written consent.
Frantic makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
A lot of the content on the Service is from you and others, and we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
Changes to these Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective six (6) weeks after we post such revised Terms to our website (indicated by revising the date at the top of these Terms), or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the website regularly for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the revised Terms.
Disclaimer of Warranties
The Service is provided "as is". Frantic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Frantic nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Limitation of Liability
In no event will Frantic, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Frantic under this agreement during the twelve (12) month period prior to the cause of action. Frantic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws Australia and the State of Queensland, without regard to conflicts of law principles.
Jurisdiction & Waiver of Representative Actions
You expressly agree that exclusive jurisdiction for any dispute with Frantic, or in any way relating to your use of the Frantic website or Service, resides in the courts of the State of Queensland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Queensland located in Brisbane, Australia in connection with any such dispute including any claim involving Frantic. You further agree that you and Frantic will not commence against the other a class action, class arbitration or other representative action or proceeding.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
These Terms constitute the entire agreement between you and Frantic regarding the use of the Service, superseding any prior agreements between you and Frantic relating to your use of the Service.
We love feedback. Please let us know what you think of the Service, these Terms and, in general, Frantic. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Frantic, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions & Contact Information
Questions or comments about the Service may be directed to us at email@example.com, or by mail at:
23 Bunya Street. Maleny.
QLD, Australia 4552