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Terms and Conditions

Terms of Use & Disclaimer
FRECouncil.org

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Please agree to the terms below before using this website. If you do not accept these terms, please do not use this website.

Use of the Website

The Film, Recording and Entertainment Council (FREC) authorizes you to view and download the materials at this website for your use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on this website in any way or reproduce, distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer for any purpose is prohibited. The materials at this Website are copyrighted and any unauthorized use of any materials at this website may violate copyright, trademark, and other laws.

You promise that you will not use FRECouncil.org, in whole or in part, for any purpose that is immoral, unlawful or prohibited by these Terms of Use. Unless otherwise provided by these Terms of Service, you agree that you will not modify, copy, distribute, transmit, display, reproduce, publish, license, attempt to or create derivative works from, frame in another web page, use on any other email, transfer, or sell: any information, software, lists of users, databases or other lists, products or services provided through or obtained from the FRECouncil.org. You shall not use the FRECouncil.org in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of theFRECouncil.org. Unauthorized individuals attempting to access prohibited areas (such as access password protected, secure or non-public areas of the FREC' websites) may be subject to prosecution. Unless you have written permission from the FREC stating otherwise, you agree and promise not to resell or exploit for any commercial purpose any of the Film, Recording and Entertainment Council' services or software.

The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of FREC, its content suppliers or it's clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of FREC.

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another party’s rights, please contact us immediately at info@FRECouncil.org to notify us of this infringement.

Conduct

You, and not the Companies, are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") posted on FRECouncil.org. FREC are not responsible for controlling Content posted or delivered via the FRECouncil.org. You hereby guarantee the accuracy, integrity and quality of any Content posted or delivered via the FRECouncil.org system through your account. You agree to not post, upload or otherwise transmit:

a. any content related to inappropriate subject matters or content which is misleading;

b. any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

c. any content that you do not have a right to post and transmit under any law or contractual /fiduciary relationships;

d. any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;

e. any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

f. any materials which imposes an unreasonable large load on our infrastructure;

g. any content that is harmful to minors;

h. any content that intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

i. content that is misleading or impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;

j. content with manipulated, forged or disguised identifiers;

k. content promoting harm or providing instructional information about illegal activities;

Permission

All FRECouncil.org content and graphics are protected by U.S. copyright and international treaties and may not be copied without the express permission of the Film, Recording and Entertainment Council. In general, the Film, Recording and Entertainment Council does not allow reproduction of FRECouncil.org content, unless the content is expressly labeled with a grant of permission to reproduce the content as well as keeping the document in its original state with reference to always to the Film, Recording and Entertainment Council. Please email to Legal@FRECouncil.org for permission.

Quoting Articles

If information from FRECouncil.org is used for online reporting or in print or broadcast, the information to be quoted must be submitted to Mbravo@FRECouncil.org for approval. Content must be reposted, reprinted or broadcast in context without any alteration to the copy. Reprinted articles must reference The Film, Recording and Entertainment Council.

Use of Bulletin Board, or any Other Communication or Interactive Forums  
To the extent that this web site contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving FREC members and other users ("Forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:

Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information.
Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsifying the origin or source of any material contained in a file that is uploaded.
Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this website or the operation of another's computer system, network, software, program, documentation or data contained therein.

Knowingly accessing or attempting to access or use FREC’s computer system, computer network, or any part thereof, including this website, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information.

The User acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communications' forums hosted by this web site are public and not private communications. Further, the User acknowledges that chats, posting conferences, discussion webs and other communications by other Users are not endorsed by FREC or its agents or contractors, and such communications shall not be considered reviewed, screened, or approved by the Film, Recording and Entertainment Council.

FRECouncil.org Website and Other Services
Film, Recording and Entertainment Council services are available only to persons who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Services.

FREC member is subject to yearly subscription fees ("Paid Services"). Access to the Services will be disabled until payment is received. Paid Services are in advance, according to the Fee Schedule provided to you by FREC. The Fee Schedule, including membership levels and prices, are subject to change at any time.

You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your FRECouncil.org™ account. You are responsible for maintaining the security of your account, passwords, and files and for all uses of your account and of the Services in your name. FREC reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

You will be billed for Services. Payment for Services will be made by a valid check, credit card accepted by FREC. You hereby authorize FREC to charge your credit card for such amounts. Fees are payable in US dollars. If FREC is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your FRECouncil.org account will be disabled until payment is received. Membership pricing may vary based upon your needs; you are responsible for reviewing the Membership Level Fee Schedule from time to time and remaining aware of the Fees charged by FREC.

Restrictions and Responsibilities

This is an Agreement for Services. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

You acknowledge and agree that the Services and the Film, Recording and Entertainment Council names and logos and all related product and service names, design marks and slogans, are the property of Film, Recording and Entertainment Council Inc or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Film, Recording and Entertainment Council Inc. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Film, Recording and Entertainment Council Inc or its third party suppliers, as the case may be.

You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless Film, Recording and Entertainment Council Inc against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Film, Recording and Entertainment Council Inc has no obligation to monitor the content provided by you or your use of the Services, Film, Recording and Entertainment Council Inc may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.


The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates European Community or United States federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, defamatory, or in any way a violation of intellectual property laws or a third party's intellectual property rights.


In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Film, Recording and Entertainment Council Inc. Film, Recording and Entertainment Council Inc may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.

Registration

In order for you to use the FRECouncil.org website, FREC may require that you provide specific information about yourself. You agree that any information you provide shall be true, complete and accurate. Further, you agree to not falsely represent your affiliation with any person or entity. You agree and acknowledge that information you provide may be used to send you information about the FRECouncil.org and FREC services unless you unsubscribe from such notifications.

Termination

You may terminate this Agreement at any time by sending an email message to legal@FRECouncil.org or by sending written notice to Film, Recording and Entertainment Council Inc.

Film, Recording and Entertainment Council Inc may terminate this Agreement or the Services at any time with or without cause, and with or without notice.

Film, Recording and Entertainment Council Inc will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

If you do not log into your account for more than 90 days, the account will become inactive. When an account is classified at (Film, Recording and Entertainment Council Inc' sole discretion) as inactive, Film, Recording and Entertainment Council Inc will notify you by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE FILM, RECORDING AND ENTERTAINMENT COUNCIL INC DATABASE.

Links to Third-Party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. The Film, Recording and Entertainment Council have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. Thus, the Film, Recording and Entertainment Council does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

The hiring of a lawyer

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, you should ask them to send you free written information about their qualifications and experience.

Linking to this Site

You may create links to this website from other sites, but only in accordance with the terms below.

Guidelines for Linking to the FRE Council.org Websites
A site that links to the Council’s websites:

May link to but not replicate The Council’s content
Should not create a browser or border environment around The Council’s content
Should not imply that FREC is endorsing it or its products
Should not misrepresent its relationship with FREC
Should not present false information about FREC products or services
Should not use FREC logo without permission
Trademarks
Film, Recording and Entertainment Council (R), FREC (R), FRECouncil (R) and Bringing the entertainment industry to South Florida (R) are registered trademarks of the Film, Recording and Entertainment Council.

Disclaimer of Damages:  

By using FRECouncil web pages, the User assumes all risks associated with the use of this site, including any risk to User's computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a FREC web page, this site or User's access to it. FREC AND ITS AUTHORIZED AGENTS AND CONTRACTORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THE INFORMATION OR LACK OF INFORMATION ON THE FILM, RECORDING AND ENTERTAINMENT COUNCIL WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR

OTHER MATERIAL OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FILM, RECORDING AND ENTERTAINMENT COUNCIL AND/OR ANY OF ITS AUTHORIZED AGENTS, CONTRACTORS, EMPLOYEES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. FREC and its authorized agents and contractors shall not be liable for any loss or injury caused in whole, or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon information furnished.

Disclaimer of Liability and Reliability:  

In preparation of these pages, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, the Film, Recording and Entertainment Council and its authorized agents and contractors disclaim any responsibility for typographical errors and accuracy of the information that may be contained on FRECouncil.org or .net or .com web pages. The information and data included in this website have been compiled by the Film, Recording and Entertainment Council members and staff from a variety of sources, and are subject to change without notice to the User. Film, Recording and Entertainment Council and its authorized agents and contractors make no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.

In any situation where the official printed publications of FREC differ from the text contained in this system, the official printed documents take precedence. THE SERVICES, INFORMATION, AND DATA MADE AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. FREC AND ITS AUTHORIZED AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OR FUNCTIONALITY OF THIS WEB SITE, IT’S SUITABILITY FOR USE, OR THAT THIS WEB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Service Updates

The FREC reserve the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the www.FRECouncil.org (or any part thereof) with or without notice. You agree that the FREC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the FRECouncil.org system. You agree that FREC shall have the right (but not the obligation) in their sole discretion to refuse or remove any content posted to your account.

Miscellaneous

Film, Recording and Entertainment Council Inc and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Film, Recording and Entertainment Council Inc in any respect whatsoever.

Modification/No Waiver of Breach

FREC reserve the right at anytime, and from time to time, to modify these Terms of Service. Continued use of the www.FRECouncil.org shall signify consent to and acceptance of any such modifications. If you do not agree with any of the terms, as amended, either now or in the future, you agree to immediately terminate your membership. No term or provision of these Terms of Service shall be deemed waived and no breach excused, unless such waiver or excusal shall be in writing and signed by FREC. Any consent by FREC to, or waiver of, a breach by you, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for, any other breach or any subsequent breach, except as may be expressly provided in the waiver or consent.

Indemnity  

As a condition of use of FREC website, the User agrees to indemnify the Film, Recording and Entertainment Council, its members, officers, employees and agents and contractors against any and all liability, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

Jurisdiction 
 

This Agreement is governed by the laws of the State of Florida, USA. User consents to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, USA in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Any rights not expressly granted herein are reserved. Copyright © 2004 Film, Recording & Entertainment Council, Inc. Copyright Notice.

Contact Information

If users have any questions or suggestions regarding our Terms of Use, Condition and Disclaimer policy, please contact us at: legal@frecouncil.org