This Terms of Service agreement (this “Agreement” or “Terms of Service”) outlines the relationship between you (“you”, “your”) and FrontRow, a Wyoming corporation (“we” or “us”) regarding your use of our Service (as defined below). You and FrontRow may be individually referred to as a “Party” and collectively as the “Parties”. Our Service includes, but not limited to, our mobile applications, websites and streaming applications, audio streaming applications, video streaming applications, and web-based applications; including any Community (as defined below) you create or join using the Service (collectively the “Service” or our “Service”). This Agreement applies to both Creators, Members and other Users (as those terms are defined below). If you are an entity and not a natural person, the person who registers the Account (as defined below) or uses our Service must have the authority to bind the entity. In the case of an entity, the term “you” means both the entity and every person who is authorized to access the Account.
We reserve the right to update these Terms of Service at any time. If we update these Terms of Service, we will post the revised version on our website—FrontRow.cc. By continuing to use our Service or our Software, you accept any revised Terms of Service.
1. Description of Service. FrontRow is a SAAS company that works with content creators, providing them with apps, websites, tv apps. Our Service to content creators includes, but is not limited to, the following:
a. Content Playback - Live streams, videos, podcasts, courses, coaching;
b. E-commerce – selling products on your website or mobile app;
c. Communication - push notifications, sms, email;
d. Monetization - digital purchases, subscriptions, donations;
e. Data visualization, audience segmentation, geo blocking, personalization;
f. And more.
Our Service gives content creators (“Creators”) a way to establish a community (a “Community”) and to brand and make a name for that Community. When a Creator creates a Community, they may invite other people and entities to gain access through a Paid Service (as defined below) (“Members”) or to connect any other ways with them in the Community. Members and others who access a Community or use the Service, shall be collectively referred to as “Users”. Creators can customize their Community and use their Community to organize activities, have discussions and share Content (as defined below).
2. Plans. The features available to you may change from time to time, depending on your Plan and the features you pay to use (“Plan”). We may offer free Plans (“Public”) and paid Plans (“Paid”) that allow you to share, upload and view Content. If you have a Paid Service (as defined below), we will provide the essential video networking and streaming features in your Plan. If you are a Creator, you will be required to enter into additional agreements defining the scope and cost of your Plan, as well as the Creator’s and FrontRow’s rights and obligations.
3. Fees. You must remain current on any and all fees (the “Fees”) during the term of your Plan (the “Term”), including any renewal periods. To the extent permitted by applicable law, Plans automatically renew at the end of each Term unless canceled beforehand. Our Fees may include a fixed monthly Plan Fee, Transaction Fees, and Usage Fees (as defined in any applicable Subscription Agreements), and any other fees the Parties agree to, as set forth in the Subscription Agreement. We may adjust Fees from time to time. We will attempt to notify you in advance of any such Fee changes prior to your next billing cycle. If you do not wish to accept a Fee change, you may cancel your Plan as set forth herein. If you are a Creator, you may cancel your plan according to the Service Plan Agreement and Master Service Agreement.
All fees charged by us are exclusive of all taxes levies, or duties imposed by taxing authorities (“Tax Obligations”) , and you shall be responsible for payment of all such, excluding taxes based on our income. Unless the Parties otherwise, payment for all Fees shall be due within 30 days of the billing date. You authorize your credit card issuer, bank or payment service to pay any amounts described ans associated with your Plan and Account and authorize us (or our billing agent) to continue charging all amounts to your credit card account, bank account or payments service account until you are we terminate your Plan and Account or these amounts are paid in full, whichever is later. Unless otherwise agreed by the Parties, all amounts will be paid in U.S. Dollars. We reserve the right with any late payments or unpaid Fees, to levy a charge of 1.5% monthly, or (b) the highest rate allowed by law.
4. Paid Services. If you, as a Creator, Member or User, have a Paid Plan to use the Service, you agree to pay all associated Fees when you sign up. For a Paid Service, you will be required to select a payment plan and instrument for payment. For Paid Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.
If you, as a Creator, terminate your Paid Service, we will not refund any payment for your unused Paid Service. If we terminate your Paid Service for violation of the terms of this Agreement or our other Policies, we will not refund any amount paid for unused Premium Service. If you, as a Member of User, terminate your Paid Service, the Creator will decide whether to provide you with a refund.
5. Apps and Other Software. As part of the Service, we may offer applications for devices (“Apps”) directly or through third-party stores. Your use of the Apps is covered by these Terms of Service. If you download an App through a third party, you also may be subject to complying with their terms of service. We may update the Apps from time to time to correct any problems or add features. FrontRow grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps.
If you would like to use an App, for best results, make sure you are using the most recent version of the App. FrontRow makes no warranties or representations regarding compatibility of the most recent version of the App with your device. We make no guarantee that you will be able to use the most recent version of the App on your device.
6. Age. You must be at least 16 years of age or the age of majority in the state or country where you live, whichever is greater, to create or participate in a Community. Pursuant to the Children’s Online Privacy Protection Act, if you are under the age of 13, you cannot fill out any personally identifiable information on our Service without parental consent. We do not knowingly collect personal information from children that are 13 or younger. If a parent or guardian allows a child that does not comply with these requirements to use their Account, that parent or guardian is responsible for monitoring and supervising the child’s use of the Service. You are responsible for the child’s actions while using the Service. If a child is using your Account without permission, please contact us immediately so we can disable access.
7. Restricted Users. Access and use of our Service is not an absolute right. You are prohibited from using the Service if doing so violates any applicable laws. Additionally, you may not use the Service if you are, or belong to, a terror network, have been designated as a Specially Designated National (as defined by the U.S. Treasury’s Office of Foreign Assets Control), are subject to sanctions from other non-U.S. governments that would require we block your videos in some countries in which we provide service, or are disqualified in any other way from legally using our Service.
You may not lease, rent or sell your Plan, Profile or Account. We may suspend or terminate Accounts that are in violation of the restrictions set forth in this Agreement.
9. Account Profile. By creating a profile on your Account (“Profile”), you understand and agree that FrontRow may use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your Account Profile for the purpose of displaying to other Users. You may revoke this permission by deleting your Account. FrontRow shall have the right to identify public Profiles in its marketing and investor materials.
11. Content. Our Service allows Creators, Members and other Users to upload content to our Service. This content includes but is not limited to videos, polls, audio files, courses, chats, photographs, works of art, and merchandise (“Content”). You are responsible for any and all Content you decide to upload to our Service. The level of Content you are permitted to upload and share will depend on your Plan and Plan features. Creators have the ability to create, name and customize a Community. Members and other Users have the ability to communicate and post on a Community.
You may at any time, adjust your video and Content privacy settings, disable downloading or embedding. We will limit distribution of your Content pursuant to your selection. When you submit your Content to us without limiting access, you grant us permission to:
12. License to FrontRow and Others. By using the Service, you grant FrontRow a worldwide, non-exclusive, royalty-free sublicensable and transferable license to use your Content in connection with providing the Service. You also grant each User a worldwide, non-exclusive, royalty-free license to access your Content including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). This license does not grant any rights or permissions for a Member to make use of your Content independent of the Service. The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree that FrontRow may retain copies of your videos that have been removed or deleted.
13. Right to Use. In connection with your use of the Service, you grant and will grant FrontRow and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use your Content in connection with the operation of the Service in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make your Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Service, including the right of the Creator of any Community you follow, to move your Content to another Community or platform.
FrontRow may preserve your Content and may also disclose your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of FrontRow, its Users and the public. The technical processing and transmission of your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.
14. Copyright and Trademark Policies. Our Copyright Policy and Trademark Policy are incorporated by reference into this Agreement. If you believe that anyone is misusing your intellectual property in a Community or while using the Service, you can submit a complaint and request for takedown of specific material at Frontrow.cc. In the event that a party erroneously sends a takedown request directly to a Creator, the Creator shall send the takedown request directly to FrontRow.cc within two (2) business days.
15. Code of Conduct. FrontRow allows you to post your Content. You are responsible for your conduct while using the Service. Below we have provided an non-exhaustive list of inappropriate conduct that could lead to expulsion from the Service (“Code of Conduct”). In posting your Content, you agree that your Content will follow our Code of Conduct. You accept responsibility if your Content violates the intellectual property or personal rights of others and you agree to pay all fees, and any other monies owed to any person or entity used in your Content, including any royalties. FrontRow may remove or suspend any content that violates our Code of Conduct. We reserve the right, but have no obligation to, monitor any interactions with other Members or UsersCreators of the Service. You may submit a complaint or concern about another Member or User to FrontRow.cc. We reserve the right to determine whether to continue allowing access or discontinue access to the Service at any time and for any reasoning, including a violation of this Code of Conduct. Accordingly, you may not do, attempt to do, or assist others in doing any of the following actions:
16. Infringement Policy. FrontRow does not permit activities on our Service that infringe on copyright or trademarks. We will remove an offending party’s content if properly notified of the infringement by those whose rights are being infringed. We reserve the right in our sole and absolute discretion, to terminate an Account for suspected copyright or trademark infringement or for repeat infringers. All notices or communications regarding infringement must be sent to:
c/o Data Protection Officer
30 N. Gould St., Ste. R, Sheridan, WY 82801
If a notice meets the requirements set forth above, we will notify the alleged infringer that you have claimed ownership of the rights in and to the content and that we have complied with your takedown notice for the content. We will not give notice or take action if a notice does not meet the above requirements.
If a notice meets the requirements set forth above, we will notify the alleged infringer that you have claimed ownership of the rights in and to the content and that we have complied with your takedown notice for the content. We will not give notice or take action if a notice does not meet the above requirements
17. Creator Tools and Service Materials. FrontRow maintains all right, title, and interest in the Service, the Software, any related tools, its logos, trademarks, including any FrontRow algorithms, audio files, buttons, badges, data, logos, text widgets, images, design, software, documentation, source code, graphics, photographs, video and, other files (collectively “Service Materials”). Unless agreed to by FrontRow in writing, you agree not to use, distribute, license, modify, reproduce, sell, reverse engineer, decompile, or otherwise use the Service Materials.
18. License to Use Service Materials. Subject to these Terms of Service, including our Acceptable Use Policy, we grant you a limited, non-exclusive license to access and use the Service Materials and the Service. Creators and Members do not obtain any proprietary rights in or to the Service Material or Service by using the Service. Except as set forth in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
19. No Endorsement. Through your use of the Service, you will likely have access to third-party content and other interactions over which we have no control. We do not endorse, screen, or approve any materials made available to you within a Community, or through the conduct of Creators, Members or other parties who participate in a Community or use the Service.
20. Rights and Obligations of Creators. In order to facilitate connection and discussion, when a Member joins a Community, the Creator of that Community will have access to the Member’s Profile and contact information and may use that list of Members (“Member List”) for Community purposes. Creators agree to not sell their Member List to a third party, or use or disclose it for commercial purposes unrelated to the Community or the interest of Members who joined the Community.
Creators communication with Members and the handling of their Content and Data must comply with these Terms of Service and all applicable laws and regulations. Additionally, Creators are responsible for the videos and Content posted within their Community and must make sure it complies with these Terms of Service and all applicable laws and regulations.
21. Data Processing Addenda. This Agreement includes our Data Processing Addendum, which includes the California Privacy Notice, and the GDPR Privacy Notice. By agreeing to use our Service, you agree to comply with these policies.
22. Integrations. You will have the option of integrating various online services like Facebook into your Account or Community (“Integrated Services”). To use these Integrated Services, we may ask you to register for or log into the Integrated Services’ websites or those of their providers. If you enable Integrated Services in your Account, you are giving us permission to share information and Content with these Integrated Services, including your login information and other Content or Data for use in connection with the Service and/or the Integrated Services.
23. Waivers. ALL CONTENT, DATA AND INFORMATION AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OF IMPLIED INCLUDING THE FOLLOWING: ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM YOUR USE OF THE SERVICE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE SERVICE CAN OR WILL BE CORRECTED.
WE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE PROBLEMS CAUSED BY THIRD PARTIES, INCLUDING PROBLEMS CAUSED BY PAYMENT PROCESSORS, YOUR DEVICE, OR YOUR SOFTWARE. WE MAKE NO WARRANTIES FOR CONTENT, INCLUDING THE QUALITY AND ACCURACY OF THE CONTENT POSTED BY ANY USER, OR THIRD-PARTY OR THE CONDUCT OF OTHER PARTIES YOU ENCOUNTER ON THE SERVICE.
24. Limitation on Liability. YOUR PURCHASE AND USE OF THE SERVICE AND CONTENT IS AT YOUR OWN RISK. YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRONTROW AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) “FRONTROW ENTITIES” WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT FRONTROW ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
WITHOUT LIMITING THE FOREGOING, THE FRONTROW ENTITIES’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO FRONTROW IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
25. Indemnification. To the extent permitted under applicable law and without waiving sovereign immunity, Customer shall indemnify, defend and hold harmless FrontRow, and its affiliates, successors and assigns (and their respective officers, directors, employees, agents and representatives) (collectively, the “FrontRow Indemnities”) from and against any and all claims, demands, suits, actions, judgments, damages, costs, losses, expenses (including reasonable attorneys’ fees and expenses) and other liabilities (“Losses”) actually incurred by FrontRow in connection with a third party claim arising from or relating to any: (a) breach by User, (b) the negligent, or willful or reckless misconduct of User, (c) any use by User of the Service other than as set forth herein, (d) interruptions to the Service due to technical malfunction of User, or that User Data or User Content, or any use thereof, infringes the rights of, or has caused harm to, a third party.
26. Dispute Resolution. Arbitration is an alternative dispute resolution process that allow for resolution of disputes outside of a formal court setting. The Parties agree to resolve any and all disputes arising out of these Terms of Service by binding arbitration administered by the American Arbitration Association (AAA) and governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The Parties agree that an arbitrator’s award will be final and enforceable and it may not be overturned by any court. Dispute resolution proceedings will be conducted on an individual basis and not in a class or by representative action. By agreeing to this term, you are waiving the right to participate in a class action.
Notwithstanding the above, both Parties agree to use a reasonable, good faith effort to informally resolve any dispute for a period of 30 days before starting arbitration.
27. No Waiver. The waiver or failure of either Party to exercise any right provided in this Agreement shall not be deemed a waiver of any other right or remedy to which the Party may be entitled.
28. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
29. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument.
30. Assignment. This Agreement may not be assigned by any of the Parties hereto without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Parties may assign, delegate or otherwise transfer any of its rights under this Agreement to a person or entity that acquires all or substantially all of the assets of the Party.
31. Further Cooperation. The Parties shall provide such information and shall execute and deliver such other and further documents, and shall otherwise cooperate with one another in such manner as either Party may reasonably request, to the end that the Parties may enjoy and receive the benefits each is expecting that arise out of this Agreement. Any Party may impose reasonable confidentiality obligations in respect of the provision of any information or documents pursuant to this provision.
32. Use Outside of the United States. FrontRow disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
33. Notices. As part of your use of the Service, you have provided an email address to us. You consent to receive communications from us by email, including all notices, disclosures, and other communications. You must keep your email address valid and current so we are able to contact you.
34. Governing Law. This Agreement is governed by the laws of Utah, without regard to any conflict of law principles. You agree that any claims for which arbitration is inapplicable, must be brought in federal or state court in Wyoming and governed by laws of the state of Wyoming, without regard to any conflict of law provisions.
35. Force Majeure. A Party will not be liable to the other should its performance under this Agreement be prevented, restricted, or interfered with by circumstances or events beyond its reasonable control (“Force Majeure Event”), provided that the affected Party uses its best efforts to resume performance promptly at the end of the Force Majeure Event.
36. Amendment. No amendment or modification of this Agreement is valid unless in writing, signed by the Parties.
37. Entire Agreement. This Agreement, along with any other agreements you form with FrontRow, supersede all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the ServiceThis Agreement incorporates the Parties other contracts, and together constitute contains the entire agreement between the Parties and supersedes all understandings and agreements whether written or oral.
YOU AND FRONTROW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.