Terms and Conditions of Use Agreement
PLEASE NOTE: YOU MUST BE 13 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON OUR SITE.
- Copyright. The content, organization, graphics, design, compilation and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
- Fraud: By becoming a member of the Front Row Society, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the frontrowsociety.com Website. By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by the Front Row Society in its sole discretion. If membership has been revoked, the Front Row Society reserves the right to refuse application or readmission to the membership program. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the FrontRowSociety.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
- Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
- Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
- Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- User Submissions: The interactive nature of FrontRowsociety.com makes it impossible for us to be responsible for any of the materials posted by members of our community. The ideas, suggestions, opinions, comments, and observations made by frontrowsociety.com users, and any text, data, photographs, video, music, sound, chat, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by frontrowsociety.com. We make no guarantee regarding their reliability, accuracy, or quality. You have to evaluate and bear any risks related to your use of any User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted them, and any recourse for damage you may suffer as a result of User Submissions shall be to such individual. You shall be solely responsible for your own User Submission and the consequences of posting them. You retain all of your ownership rights in your User Submissions. By submitting the User Submissions to us, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof). The foregoing license granted by you terminates once you remove or delete a User Submission from the Website. FrontRowSociety.com expressly disclaims any and all liability in connection with User Submissions.
- Return Policy. You return products within 2 weeks of your purchase, as long as they are in the condition they have been purchased in. Return costs are born by the customer.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF GERMANY, IN THE FEDERAL STATE OF BERLIN. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT BERLIN IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by the Front Row Society, a wholly owned subsidiary of World of Discovery GmbH in the State of Berlin, Germany. As such, the laws of Berlin, Germany will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
- Verify Members' Address: the Front Row Society reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from the Front Row Society.
Voting and submitting designs
By selecting the “I Accept” button, you are agreeing to the following terms, which serve as a binding agreement (hereinafter “the Agreement”) between you and the Front Row Society.
- Our contest (hereinafter “the Contest”) is the competition as in our contest rules.
- By submitting any word, combination of words, symbol, slogan, photographic image, graphic design or any other type of design (hereinafter collectively referred to as “the Design”) for consideration in the Contest, you represent and warrant to the Front Row Society that you have the right and authority to convey the rights granted hereunder; that the Design is original and free and clear of any encumbrances or liens and is not subject to any third-party agreements or arrangements that would interfere with their use; that the Design is not libelous, slanderous, obscene, and does not plagiarize; and that the exercise of rights herein granted will not infringe upon any copyright, right of privacy or any other rights whatsoever of any third party. You shall hold the Front Row Society harmless and shall indemnify the Front Row Society for all costs and expenses (including reasonable attorney fee's) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by you.
- If your Design is selected as a winner of a contest that results in publishing and/or dissemination of your Design by the Front Row Society--in consideration for the prizes offered, you hereby grant to the Front Row Society, its licensees and assignees, an exclusive right to: (1) reproduce the Design or any parts, alterations or derivatives thereof, in any media or embodiment now known or hereafter to become known (the Products); and (2) publicly display, perform or exhibit, or distribute the Design, as part of the Products, in any way now known or hereafter to become known including without limitation by transmission, broadcast, or electronic communication.
- If your Design is not selected as a winner within 120 days you may request the removal of your Design from the archives section of the website by emailing email@example.com.
- Without limiting other remedies, the Front Row Society may at its sole discretion remove any Design from publication and/or dissemination if it thinks that the Design is creating problems, possible legal liabilities, or is inconsistent with the letter or spirit of the Front Row Society’s policies, including poor design.
- The Design may be modified in any way whatsoever, used as a basis for additional illustrations or images (whether or not by you), and the Design and any modifications or derivatives thereof may be digitized without any additional approval being required of you, with the exception that you shall be shown such modifications and derivatives and shall have a right to withdraw use of your name as a credit. You hereby waive any and all attribution and integrity rights with regard to the Design whether arising under the law of any state of the United States, United States federal law, or the law of any other country.
- Each person has one vote. Multiple votes per design will not be permitted from any one e-mail address or customer number. You agree that you shall not whether alone or in concert with any other(s) attempt to manipulate the result of the Competition (whether by submitting multiple votes in the same Competition or by making multiple registrations or in any other way.) In the event that the Front Row Society suspect that you have breached this condition, they shall be entitled to disregard votes cast by you and delete your registration details from the site. The Front Row Society shall be entitled to retain your details and refuse or cancel any subsequent registration requested made by you.
- If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
- This Agreement shall be governed by and construed under the laws of the Federal Republic of Germany, the Federal State of Berlin, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different state or country. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the Federal State of Berlin, or a State Court of Germany.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.