By downloading or using The Frame app, these terms will automatically apply to you. Therefore, it is important to read them carefully before using the app. You are not allowed to copy or modify The Frame app, any part of it, or its trademarks in any way. Attempting to extract the source code or translating the app into other languages or creating derivative versions is strictly prohibited. The app itself, including all trademarks, copyright, database rights, and other intellectual property rights, are owned by The Frame.
We are committed to ensuring that The Frame app is as useful and efficient as possible. As a result, we reserve the right to make changes to the app or charge for its services at any time and for any reason. Rest assured, we will always make it clear to you exactly what you are paying for, and we will not charge you for the app or its services without your knowledge.
The Frame app stores and processes personal data that you provide in order to offer its services. It is your responsibility to keep your phone and app access secure. We highly recommend that you do not jailbreak or root your phone, as doing so may compromise its security and may cause the app to not function properly or not work at all.
Please note that we cannot take responsibility for certain aspects of your usage of The Frame app. Some features of the app may require an active internet connection, and we cannot be held responsible for the app not working at its full functionality if you do not have access to Wi-Fi or if you have exceeded your data allowance.
If you are using The Frame app outside of an area with Wi-Fi, please be aware that your mobile network provider may charge you for data usage. You are responsible for any charges, including roaming data charges, that may be incurred while using the app outside of your home territory. If you are not the bill payer for the device on which you are using the app, please ensure that you have the necessary permission to do so.
Additionally, it is your responsibility to ensure that your device stays charged. If your device runs out of battery and you are unable to turn it on to access the service, we cannot be held responsible.
While we make every effort to ensure that The Frame app is updated and correct at all times, we rely on third parties to provide information that is made available through the app. Therefore, we accept no liability for any loss, whether direct or indirect, that you may experience as a result of relying solely on the app's functionality.
At some point, we may release updates for The Frame app. The app is currently available for iOS and Android, and the system requirements may change. It is your responsibility to download the updates if you wish to continue using the app. Please note that we do not guarantee regular updates or ongoing compatibility with the iOS and Android versions installed on your device. We also reserve the right to stop providing the app and may terminate its use at any time without prior notice. Upon termination, you must discontinue using the app and, if necessary, delete it from your device.
Please ensure that you fully understand and comply with these terms and conditions before using The Frame app.
User Generated Content (“UGC”) includes textual, audio, video, and/or visual content and information, including name, username, voice, picture, portrait and likeness, other identifying information, caption, location, including comments, commentary, ideas, proposals, suggestions, plans, and feedback related to The Frame's products and services, entries in contests and promotions, and other content and information submitted, provided, or otherwise made available to The Frame, including that which is created and publicly posted by you on third-party social media services such as YouTube, Facebook, Instagram, Twitter, Snapchat, TikTok, and similar services.
Please be careful when selecting your UGC for submission, provision, or making available to The Frame; your UGC may be used in a public forum such as the internet, and others may attempt to use your UGC to discover information about you for any purpose, including harassment. You understand that The Frame cannot be responsible for others' misuse of your UGC or any information contained therein. The Frame has no obligation of confidentiality with respect to your UGC, your submission of UGC, or any other information related to you or the UGC.
Generally, UGC should DO the following:
Be well lit and in focus.
Not include any child under the age of 16 for whom you have not obtained the prior express consent of that child’s parent or guardian.
Generally, UGC should NOT DO the following:
Reference other company's similar products or trademarks.
Use another person's name, image, appearance, or likeness without that person’s prior express consent.
Include personal or other identifying information of anyone.
Include viruses, worms, corrupted files, or similar files.
Be threatening, abusive, harmful, harassing, tortious, defamatory, libelous, vulgar, obscene, indecent, pornographic, invasive of another's privacy, or racially, ethnically, or otherwise unlawful or objectionable.
By submitting, posting, transmitting, or otherwise making available to The Frame your UGC, you grant The Frame, as well as its respective licensors, licensees, successors, and assigns (collectively, the “Licensed Parties”), a worldwide, perpetual, non-exclusive, unlimited, irrevocable, transferable, royalty-free, and fully paid-up license to use, publish, post online, copy, copyright, modify, create derivative works of, distribute, broadcast, publicly display, and otherwise use and exploit in any manner your UGC or any part of your UGC, including the right to sublicense, without further obligation to, notice to, or approval or consent from you. This license is applicable to your UGC as it may be used in any and all formats, social media platforms, radio, television, film, and other media outlets, advertising, marketing, and other distribution channels, known now or developed later. You acknowledge that by considering your UGC and possibly using your UGC, the Licensed Parties have provided you with good and valuable consideration for the license, and that the Licensed Parties have no further obligation under the license at any time to pay or otherwise compensate you or any other person or entity in consideration of the license. Your provision of your UGC to The Frame, and the grant of the license set forth above, is not conditioned on any attribution or compensation. You agree that the Licensed Parties may pursue patent, trademark, or copyright protection for your UGC, and you agree not to challenge or object to such protection. You also agree to take all actions and sign all documents necessary to apply for and perfect such protection.
You understand that the Licensed Parties are under no obligation to use your UGC and may refuse to do so for any reason at any time. The Licensed Parties may use your UGC for any lawful purposes, including commercial ones, with or without your name, social media username or handle, or other identifying or branding information. These uses may include, but are not limited to, informational, educational, commercial, entertainment, promotional, or advertising of The Frame or its products or services via the Internet, web sites, mobile apps, social media platforms, media outlets, advertising, marketing, and other distribution channels, known now or devised later. For example, the Licensed Parties may re-post your post on Instagram or Twitter. The Licensed Parties may post or re-post your UGC with or without attribution to you or any other person or entity, and use of your UGC does not constitute or imply an endorsement or affiliation of you or any other person or entity. The Licensed Parties may, at any time, end or modify its use of your UGC without further obligation to, notice to, or approval or consent from you.
You represent and warrant that you own or otherwise control your UGC, or have all rights, licenses, consents, and releases necessary to submit, provide, or otherwise make available your UGC to The Frame and also to grant the Licensed Parties the license set forth above, or that you are the agent, authorized representative, parent, or guardian of the person or entity who does. You represent and warrant that your UGC has not been copied, derived from, or otherwise taken from any other work to which you do not have rights. You represent and warrant that neither your UGC, nor your submission, provision, or making available of your UGC, infringes, misappropriates, or otherwise violates any third party’s intellectual property (including but not limited to trademark, copyright, and patent rights), proprietary, or contractual rights, or rights of publicity or privacy. You represent and warrant that your UGC does not impersonate or otherwise mis-identify anyone, and that each person displayed, mentioned, or otherwise identified in your UGC has provided their written consent to you to be included in your UGC and to be used by the Licensed Parties consistent with this Policy. You will promptly provide copies of such written consent upon The Frame request. You represent and warrant that neither your UGC, use of your UGC, nor your submission, provision, or making available of the UGC, infringes or violates any law or regulation. You represent and warrant that your UGC contains no malicious code, worm, virus, malware, hack, crack, phishing device, robot, spider, or other automated device or process, or other data with the potential to harm, damage, or gain unauthorized access to an Internet-connected device. You represent and warrant that your UGC is not threatening, abusive, harmful, harassing, tortious, defamatory, libelous, vulgar, obscene, indecent, pornographic, invasive of another’s privacy, or racially, ethnically, unlawful, or otherwise unlawful or objectionable.
You agree to indemnify the Licensed Parties and their affiliates for all claims arising from or in connection with any claims to any rights in your UGC or any damages arising from your UGC or submission, provision, or making available thereof. You agree to hold harmless, indemnify, and defend the Licensed Parties and directors, managers, members, officers, partners, employees, equity holders, and agents (the “Indemnified Parties”) from and against any and all claims, causes of action, damages, liabilities, losses, costs and expenses, including reasonable attorneys’ fees, and including any third-party claims (collectively, “Losses”) incurred by an Indemnified Party arising out of or relating to your UGC or any breach of the representations made by you herein, including but not limited to claims of infringement or violation of patent, trademark, copyright, or other intellectual property rights, contractual rights, rights of publicity (either now existing or acquired later), or rights of privacy. To the fullest extent permissible under applicable law, the Indemnified Parties are not liable for any direct, incidental, consequential, special, indirect, punitive or similar damages arising out of or resulting from this Policy, including without limitation, damages for harm to business, lost profits, lost savings, or lost revenues, regardless of how such damages are caused and whether based in contract, tort (including negligence) or any other theory of liability, and regardless of whether you have been advised of the possibility of such harms, losses, expenses or other damages. Upon submission, provision, or making available of your UGC, you hereby release the Indemnified Parties from, and irrevocably waive, any and all claims that the Licensed Parties’ use of your UGC violates any intellectual property, publicity, privacy, or other rights you may have.
You irrevocably waive all rights in your UGC, including any moral rights, of the local equivalent thereof, which you may have under any laws existing now or promulgated later. You agree that the failure of The Frame to exercise or enforce any right in this Policy will not act as a waiver of such right, or of any other right in this Policy, and that all rights and remedies under this Policy will still be available to The Frame. This Policy is personal to you and may not be assigned without the prior written consent of the Licensed Parties. The Licensed Parties may assign their rights and obligations, or any part thereof, without your consent to any person or entity at any time. If any section of this Policy is deemed invalid or unreasonable by a court or arbitrator, such section shall be severable from the remainder of this Policy, which shall be enforced according to its terms irrespective of the enforceability of the invalid or unreasonable section, provided such enforcement is consistent with the general intent of the parties as evidenced by the Policy as a whole. If you believe that UGC is being used by the Licensed Parties without your authorization, please notify us by sending an email to UGC@thecomfy.com and provide your name, contact information, identification and ownership of the original content, and a description and identification of the offending content as well as its location.
Changes to This Terms and Conditions
I may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact me at firstname.lastname@example.org