- ABOUT BIG FRAME. We are Big Frame, Inc. (“Big Frame”, “us”, “we” or “our”), a corporation registered under the laws of the state of Delaware in the United States with our principal office address at 11821 Mississippi Ave, Los Angeles, CA 90025. We are a full service talent management and influencer marketing company.
- CHANGES TO THESE TERMS OF SERVICE. Big Frame reserves the right to change these Terms of Service at any time, and from time to time, without notice. The “LAST UPDATED” legend at the top of this page indicates when these Terms of Service were last revised. Any changes will become effective when we post the revised Terms of Service on the Website. Your continued use of the Services after the time the changes are implemented, whether or not notification is provided, will indicate your acceptance of the Terms of Service, including those changes. It is your responsibility to review these Terms of Service regularly.
- OTHER TERMS THAT MAY APPLY. If you sign up for additional services from Big Frame, those additional services may be governed by terms associated with those services, which will apply to you in addition to these Terms of Service. If there is a conflict between these Terms of Service and terms and conditions for such additional services, the latter shall take precedence with respect to the additional services.
- THE BASIS ON WHICH WE MAKE THE SERVICES AVAILABLE TO YOU. Big Frame reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services at any time and without prior notice. Big Frame may restrict, deactivate or terminate your access to the Services for any reason.
- PERSONAL USE OF SERVICES. The Services are made available to you for your personal, non-commercial use only. You may not copy, modify, reproduce, distribute, publish, license, create derivative works from or sell any content, information or software associated with the Services. You may also not use the Services in any way that could damage, disable, overburden, or impair the Services, or that could interfere with any other party’s use and enjoyment of the Services. You may not use any third- party APIs, software, tools or scripts to access the Website or the underlying technology, unless expressly authorized in writing by Big Frame.
- INTELLECTUAL PROPERTY OWNERSHIP. You acknowledge that Big Frame and other creators of content that are part of the Services own all right, title and interest in and to the Services and any content made available on or through the Services, including without limitation, all underlying content, videos, photographs, software and technology, and all Intellectual Property Rights in relation to the Services, other than as described below. “Intellectual Property Rights”means any and all intellectual property rights existing from time to time in any part of the world under applicable law, including without limitation applicable copyright law, trade secret law, trademark law, unfair competition law, patent law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide. Subject to your compliance with these Terms of Service, Big Frame grants you the non-exclusive, non-sublicensable, revocable, non-transferable right to access and use the content, software and technology that is provided to you as part of the Services for the sole purpose of your personal, non-commercial use of the Services as permitted under these Terms of Service.
- COPYRIGHT POLICY. Big Frame respects the Intellectual Property Rights of creators. If you believe in good faith that your work has been copied, posted or included within the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Big Frame, Inc.
Attn: Copyright Agent
11821 Mississippi Ave
Los Angeles, CA 90025
We reserve the right to remove content alleged to be infringing in our sole discretion and without prior notice. It is our policy to terminate the privileges of any Big Frame user or creator who repeatedly is accused of infringing copyrights.
- The Services may contain different types of Content: Big Frame Content, User Posted Content, and Third Party Content. “Content”means any and all images, photos, videos, sounds, blogs, postings, e-mails, messages, comments, text, files, works of authorship, reviews, feedback or other materials. Each type of Content that you encounter has different rules and restrictions, as set forth below:
- BIG FRAME CONTENT AND OWNERSHIP. As between Big Frame and you, Big Frame and/or creators affiliated with Big Frame own or control all right, title and interest in the Services and in the Content on and within the Services, including such logos, trademarks and all other Intellectual Property Rights that appear on and within the Services (“Big Frame Content”).
- USER POSTED CONTENT. Big Frame may make available through the Services, functionality through which, you are able to post or otherwise make available certain information and materials. Big Frame does not claim ownership in any Content that you post on, deliver to, or otherwise make available to the Services, through comments, or other features of the Services that may allow users to upload or post their own Content (“User Posted Content”). By posting User Posted Content, you hereby grant to Big Frame an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, reproduce, modify, edit, adapt, copy, perform, display, create derivative works of, distribute, and otherwise exploit your User Posted Content in any and all media or distribution method (now known or later developed) throughout the world for any purpose. The licenses granted under this Section will survive the termination or expiration of these Terms of Service for any reason. You are solely responsible for any and all User Posted Content that you post on the Services and for your interactions with other users. You should only post User Posted Content to the Services that you own and that you are comfortable sharing with others under the terms and conditions set forth herein. You may not post any video or photograph of another person or use any music or feature any brand or logo without permission. You represent and warrant that: (a) you own the User Posted Content posted by you on the Services or otherwise have the right to grant the licenses set forth in these Terms of Service, and (b) your User Posted Content and the use of it by Big Frame as permitted by the license granted in these Terms of Service does not violate the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any person. Further, to the extent that you may waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Posted Content, you hereby do so.
- THIRD-PARTY CONTENT. Content from creators unaffiliated with Big Frame, advertisers, merchants, other third parties and other users may be made available to you through the Services (“Third Party Content”). We are not responsible for such Third Party Content and make no guarantees about the accuracy, reliability, quality or legality of such Third Party Content, and we assume no responsibility for objectionable, misleading, or unlawful Third Party Content. Big Frame does not endorse any products that are displayed or mentioned in such Third Party Content and makes no guarantees about the performance or effectiveness of any such products. Your purchase or use of any products displayed or mentioned in Third Party Content is entirely at your own risk. Big Frame is not responsible for Third Party Content that contains or delivers viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful content or code. Rather, you are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies.
- CONTENT RESTRICTIONS. Except for Content that is in the public domain, that is owned by you, for which you have been given written permission, or as expressly permitted under these Terms of Service, you agree not to (i) modify, copy, publish, display, transmit, distribute, perform, sell, or create derivative works based on the Content and Services; (ii) rent, lease, loan, or sell access to the Services; or (iii) decompile, reverse engineer, or copy any Content (other than the Content you post) or the Services. You also agree to not remove, obscure, or alter Big Frame’s or any of its affiliated creators’ or associated advertisers’ copyright notices, logos, trademarks, or other proprietary rights notices affixed to or contained within the Services. You will not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- PROHIBITED CONTENT. You agree that you will not post any Prohibited Content. “Prohibited Content”includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (iv) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (v) infringes the Intellectual Property Rights of another person; (vi) is involved in pornography or the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under thirteen (13); (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful content or code; or (viii) otherwise violates applicable law, the terms of these Terms of Service or potentially creates liability for Big Frame. Any users posting, hosting or recommending Prohibited Content are subject to termination. We reserve the right to remove Content that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates these Terms of Service or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create potential liability for us or any user.
- YOUR BREACH OF THESE TERMS OF SERVICE. Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Services.
- LEGAL OBLIGATIONS. In order to cooperate with legitimate governmental or regulator requests, subpoenas or court orders, to protect our systems and users, to protect the property and rights of Big Frame or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your IP address and Website traffic history.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. The Services and all services, products, Content, information and materials made available on or through or in connection with the Services are provided “as is” and on an “as available” basis, with no representations, warranties, guarantees or promises of any nature whatsoever. Big Frame expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. Big Frame disclaims any warranties regarding the accuracy, security, reliability, timeliness, availability, quality and performance of the Content and the Services. Big Frame disclaims any responsibility for any harm resulting from your viewing of the Content and use of the Services. You understand and agree that you view the Content and use the Services at your own discretion and risk and that you will be solely responsible for any injury to you, damages to your computer system or loss of data that results from your viewing of the Content and use of the Services. Your sole and exclusive remedy for issues relating to, arising out of or in connection with the use of the Services or Content shall be to discontinue using the Services. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL BIG FRAME BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF THE CONTENT OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF BIG FRAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CONTENT OR SERVICES, FROM INABILITY TO USE THE CONTENT OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CONTENT OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- YOU HEREBY RELEASE US, OUR SUBSIDIARIES AND AFFILIATES AND THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, INVESTORS, AGENTS, SUCCESSORS AND ASSIGNS OF THE FOREGOING FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, RIGHTSAND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT ARE EITHER DIRECTLY OR INDIRECTLY RELATED TO, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR THE CONTENT, (II) ANY INTERACTION YOU HAVE WITH OTHER USERS OF THE SERVICES, (III) YOUR PURCHASE OF ANY PRODUCTS OR SERVICES AFFILIATED WITH THE SERVICES, OR (IV) YOUR PARTICIPATION IN ANY OF OUR OFFLINE EVENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD BIG FRAME, ITS SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE DIRECTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS OF THE FOREGOING, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE CONTENT OR SERVICES OR YOUR VIOLATION OF THESE TERMS OF SERVICE OR THE RIGHTS OF ANY THIRD PARTY.
- Your interaction with other users on the Services or with advertisers, merchants or other third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user, advertiser, merchant or third party even if you are connected with such user, advertiser, merchant or other service through a link or affiliation from Big Frame or the Services. You agree that Big Frame will not be responsible for any loss or damage incurred as the result of any such commercial or non-commercial dealings or with respect to any third party’s use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party, Big Frame is under no obligation to become involved and you agree not to involve us unless we request otherwise in writing. We reserve the right, but have no obligation, to monitor disputes between you and other users of the Services.
- THIRD PARTY SERVICES. The Services may contain links to or feeds from third party websites, applications, merchants and/or services (“Third Party Services”). We do not control and are neither affiliated with nor responsible for the operators of any third party websites or other resources that link to or are linked from the Services. You use all such links to/from Third Party Services at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such links to/from Third Party Services do not imply our endorsement, recommendation, adoption or sponsorship of such Third Party Service. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third Party Services, or links from those third parties back to the Services. You should carefully review product information, along with applicable terms and policies, including privacy and data gathering practices, for any Third Party Services, and should make whatever investigation you feel necessary or appropriate, and choose appropriate settings for sharing your personal information, before proceeding with any interaction with a Third Party Service. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR MADE AVAILABLE THROUGH SUCH WEBSITESAND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND POLICIES (SUCH AS PRIVACY POLICIES) APPLICABLE TO SUCH WEBSITES AND RESOURCES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY SUCH TERMS AND CONDITIONS OF USE AND POLICIES.
- PROMOTIONS OR SWEEPSTAKES. Any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available in connection with the Services may be governed by specific rules that are separate from these Terms of Service. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Big Frame urges you to review any applicable rules. To the extent that the terms and conditions of such rules conflict with the terms and conditions of these Terms of Service, the terms and conditions of such rules shall control.
- UNSOLICITED MATERIAL. In general you should not submit any unsolicited material, premises, stories, treatments, scripts, blogs, vlogs, videos, sound recordings, musical compositions, characters or ideas, concepts, pitches or suggestions with the expectation that it will be considered or used by Big Frame (“Unsolicited Material”). Should you decide to submit any Unsolicited Material, you hereby grant to us (and our subsidiaries, affiliates and related entities) an exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub- licensable and transferable license under any and all intellectual property rights that you own or control to use, reproduce, distribute, publicly display, digitally perform, copy, modify, create derivative works based upon and otherwise exploit in any format and on any platform the Unsolicited Material for any purpose. You acknowledge and agree that there is no guarantee that any Unsolicited Material you submit will be used by Big Frame and you hereby waive any right of approval and any claim to compensation or benefit from any use of the Unsolicited Material, other than as may be subsequently agreed upon in writing by Big Frame. The rights granted under this section shall survive the termination or expiration of these Terms of Service.
- Any dispute, claim or controversy arising out of or relating to the Services or these Terms of Service, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.
- FORWARD-LOOKING STATEMENTS. Certain statements and information that appear on or in connection with the Services may contain certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 including, without limitation, our plans, prospects and strategies as well as our beliefs and expectations concerning the Services (certain of such statements are identified by use of words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “estimate” and variations of such words and similar expressions). These statements are based on current expectations, estimates, forecasts and projections about the industries in which Big Frame and its affiliates operate, and beliefs and assumptions made by Big Frame’s management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions which are difficult to predict. Actual results may vary materially from those expressed or implied by any forward-looking statements that appear on or in connection with the Services due to changes in economic, business, competitive, technological and/or regulatory factors, and other risks and uncertainties affecting the operation of Big Frame’s and its affiliates’ businesses. More information about potential risks and uncertainties that could affect Big Frame’s and its affiliates’ business and financial results is included in the various filings made by our parent company, DreamWorks Animation SKG, Inc. (“DreamWorks”) with the U.S. Securities and Exchange Commission, which are available at www.sec.gov. Big Frame is under no obligation, and expressly disclaims any obligation, to update or alter its forward-looking statements, whether as a result of new information, future events, changes in assumptions or otherwise. The Services and the information posted on or in connection with them shall not be deemed to be incorporated by reference into any annual, quarterly, current or other report DreamWorks files with, or furnishes to, the Securities and Exchange Commission.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT BIG FRAME AND ITS AFFILIATES IN CONNECTION WITH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP-TO-DATE OR THAT INFORMATION MADE AVAILABLE IN CONNECTION WITH THE SERVICES CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT BIG FRAME AND ITS AFFILIATES.
- LAW AND JURISDICTION. These Terms of Service shall be governed in all respects by the laws of the State of California without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Big Frame must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
- MISCELLANEOUS PROVISIONS. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter and supersede and replace all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Big Frame. You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to Big Frame or any of its subsidiaries’, affiliates’, or related entities’ production, distribution, license and/or exploitation of any of their products or services including, without limitation, motion pictures, television shows, commercials and/or other content; and your exclusive remedy in connection therewith shall be an action for damages.
- CONTACT US. If you have any comments, questions or concerns about the Big Frame Services or these Terms of Service, please contact us at email@example.com or by mail at:
Big Frame, Inc.
11821 Mississippi Ave
Los Angeles, CA 90025
Attn: Matthew Dysart