PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THE SITES (AS DEFINED BELOW). BY USING THE SITES, OR BY ACCEPTING THE SERVICES DESCRIBED IN THE SITES OR FRABOOM'S DOCUMENTATION OR INVOICE, YOU AGREE THAT THE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THE SITES. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These Terms and Conditions of Use (these "Terms") apply only to the websites controlled by FR Productions, LLC, doing business as Fraboom and/or its subsidiary and affiliated entities ("Fraboom", "we" or "us") where these Terms are posted (each a "Site" and collectively, the "Sites"), including www.fraboom.com and www.fraboomlive.com.

1.     Agreement to Terms and Conditions. By accessing, visiting and/or using a Site, or by making a purchase, placing an order or otherwise shopping on a Site, you, the user: (a) acknowledge that you have read and understand these Terms; and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Sites. Fraboom may change these Terms at any time by posting the change to the Sites. Please check these Terms periodically for changes. Your access or use of the Sites after these Terms have been changed will mean that you agree to be bound by those changes, except that the Terms posted on these Sites at the time you initially place an order for services will govern the order in question. The date these Terms were last modified is set forth at the end of these Terms. 

2.     Intellectual Property Infringement Claims. Fraboom will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively, "Copyright Law"). If you own the copyright of any works displayed on the Sites, or are the agent of the copyright owner, and believe a Site violates your intellectual property rights, please provide the Fraboom copyright agent with a notice (a "Copyright Notice") that includes the following information: (a) a description of the copyrighted work that you believe has been infringed and enough information that will allow Fraboom to locate that work (e.g., the URL where that work is posted or the author and name of the book in which that work was originally published); (b) the location on the Site of the work that you believe infringes the copyright owner's work and that you are asking Fraboom to remove from the Site; (c) enough information to contact you such as your name, address, telephone number and email address, and if different, the name, address, telephone number and email address of the copyright owner; (d) a statement that you have a good faith belief that Fraboom's use of the copyrighted work in the described manner is not authorized by the copyright owner, its agent or applicable law; (e) a statement that, under penalty of perjury, all information in your Copyright Notice is accurate and that you are the copyright owner or authorized agent of the copyright owner; and (f) your signature (either electronic or physical). Upon receipt of a Copyright Notice that contains the information described in Section 2(a) through (f), Fraboom will act to promptly evaluate your claim of infringements and will take whatever action is required by the applicable Copyright Law, which may include removing or disabling access to any infringing works. Send Copyright Notices to Fraboom's copyright agent at:

Copyright Agent
c/o Tonkon Torp LLP
1600 Pioneer Tower
888 S.W. Fifth Avenue
Portland, Oregon 97204 USA
Attention: Christopher Erickson
Telephone: (503) 802-2177
Fax: (503) 972-3877
email: chris.erickson@tonkon.com

Please include the word "copyright" in the subject line for each Copyright Notice sent via email or regular mail. Only Copyright Notices should be sent to Fraboom's copyright agent. Send all other questions and comments to "terms@flyingrhino.com".

3.     Security Rules. You agree not to violate or attempt to violate the security of the Sites, including without limitation: (a) accessing data that is not intended for your use; (b) using any other person's username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Sites without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

4.     Restriction on Use of Materials. The materials that are included in or displayed on the Sites, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for the Sites, and other materials (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks, trade dress, privacy and publicity rights, and/or other intellectual property owned or licensed by Fraboom. Without Fraboom's prior written permission, you may not (a) use the Materials on any other website or in any advertising or publicity or for any other commercial purpose; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for you personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

5.     Trademarks and Service Marks. Fraboom® is a registered service mark of Fraboom or its affiliates. All other marks and logos that appear throughout the Sites belong to Fraboom or to others and are protected by United States and international copyright and trademark laws. Any use of any marks appearing in the Sites, without the express written permission of Fraboom, is strictly prohibited.

6.         Your Participation in and Postings on Forums.

     6.1.     Discussion Groups and Social Networking Services. "Forum" means a discussion group, chat area, social networking service or any other bulletin board or email function provided by the Sites in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in this Section 6.  If you are under 13 years old, you must review the Section titled “Policy Regarding Children” in the Fraboom Privacy Policy, which will govern your provision of personally identifiable information

     6.2.     Member Profiles. Unless you choose to make your profile available to both members and visitors to a Forum, your profile will be displayed only to other members of that Forum. Do not give out to others or display in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number or password creates safety risks and may result in unsolicited communications.

     6.3.     Monitoring. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. Fraboom does not represent or warrant the reliability, accuracy or truthfulness of that content. Although Fraboom is not obligated to do so, it may monitor Transmissions posted on the Forums. Because Fraboom does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to us at "terms@flyingrhino.com".

7.                 Registration. If you are required to register in order to participate in a Forum or as a member on the Sites, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or choose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation.

8.            Transmissions. DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS. Our long-standing company policy does not allow us to accept or consider messages, material, information and ideas you transmit to or post on the Sites (each, a "Transmission").  We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not distribute any unsolicited Transmission. In any event, you agree that any Transmission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type. Except as expressly stated in these terms of use, the provisions of these Terms apply equally to unsolicited Transmissions and solicited Transmissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Transmission, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Transmission, and you grant (or warrant that the owner of the rights to the Transmissions has expressly granted) to Fraboom, its licensees, distributors, agents, representatives and other authorized users, a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display those Transmissions and to incorporate the Transmissions into any other works in any form, media or technology now known or developed in the future, and Fraboom may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services, and you warrant that all "moral rights" in those Transmissions have been waived. Fraboom will treat Transmissions as non-confidential and non-proprietary; however, Fraboom will handle all personal data provided to Fraboom in the manner provided in Fraboom's Privacy Policy. By sending any Transmission to the Sites, you agree that:

     8.1.             The Transmission does not: (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility, company, organization, or product; (iv) invade the privacy of any person, infringe the copyright, trademark, trade secret right or other proprietary rights of any person, or constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; or (vii) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law;

     8.2.             You will not: (i) use the Sites for any commercial purpose, including without limitation advertisements; (ii) solicit funds, goods or services; (iii) solicit other visitors to the Sites to join or become a member of any commercial online club, service or other organization; (iv) post chain letters or pyramid schemes; or (v) post a link to any website that contains or does any of the prohibited actions described in subsection 6.3(a) above or this subsection 6.3(b); and

     8.3.             You will not impersonate another person.

9.     Nature of Information Provided by Fraboom. The information contained on the Sites has been collected and/or prepared by Fraboom as a service to its visitors. While Fraboom has used reasonable efforts to verify that the information on the Sites is useful to its visitors, Fraboom does not warrant or guaranty its accuracy or timeliness. You agree not to disclose or otherwise make public (e.g., on any Forum or anywhere else on the Internet) any communications Fraboom sends you concerning your participation in any Forum, the Sites, or any related matters.

10.     Purchase of Goods or Services. 

     10.1.             General.  These Terms constitute the entire agreement between you and Fraboom relating to the offer or sale of products or services on the Sites. You consent to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.  You may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. You agree that these Terms and the terms contained in Fraboom’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto.

     10.2.                Shipments; Risk of Loss. When you place an order for a physical product, the order will be shipped to an address designated by you as long as that shipping address is compliant with Fraboom's shipping restrictions.  All purchases from the Sites are made pursuant to a shipment contract.  As a result, risk of loss and title for items purchased from the Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.  Fraboom retains a security interest in the products until payment in full is received. You will be responsible for all shipping and related charges.

10.3.                 Pricing; Availability.  All pricing is subject to change. Fraboom reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Fraboom cannot guarantee that it will be able to fulfill your orders.

10.4.                 Orders; Payment Terms; Interest; Taxes.  Orders are not binding upon Fraboom until accepted by Fraboom. Fraboom reserves the right to refuse service to anyone.  Terms of payment are within Fraboom's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Fraboom may invoice parts of an order separately. You agree to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, you will be responsible for all of Fraboom’s costs of collection, including court costs, filing fees and attorney’s fees.

11.     General Disclaimers of Warranties. All information and other Material, whether included in a Forum, in a directory, or in any page of the Sites, as well as all products and services offered on the Sites, if any, is provided "AS IS" and without warranties of any kind, either express or implied. In purchasing products or services, you are not relying on any statements, specifications, or other illustrations representing the products or services that may be provided by Fraboom.  To the maximum extent permitted by applicable law, FRABOOM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FRABOOM DOES NOT WARRANT THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITES, ANY MATERIALS, OR ANY SERVER(S) USED BY FRABOOM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FRABOOM DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, CORRECTNESS, ACCURACY, RELIABILITY OR TRUTHFULNESS OF THE SITES, ANY MATERIALS OR ANY WEBSITES LINKED TO OR FROM THE SITES.

12.     Ads, Directory and Linking Disclaimers and Warning. Fraboom may sell advertising space to third parties that provide goods and/or services ("Advertisers"), and the Sites may include links to, or may be embedded in, websites owned and operated by others ("Third Party Websites"). The directory listings, ads, and Third Party Websites are generally created and owned by Advertisers or other parties, and are the responsibility of those persons and not of Fraboom. Consequently, Fraboom cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any ads, directory listings or Third Party Websites. Although Fraboom may periodically attempt to verify the accuracy of ads, directory listings and Third Party Websites, Fraboom will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the ads, the directory listings or the Third Party Websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories and ads included in the Sites and in any Third Party Websites. You bear all risk associated with the information in the Sites, including all ads, directory listings, and Third Party Websites, and your use of any such information is subject in all respects to these Terms. Fraboom reserves the right to terminate any links to other websites without notice.

11.     Limitation of Liability; Release and Indemnity. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL FRABOOM BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING OUT OF (A) USE OF OR RELIANCE ON THE SITES, THE MATERIALS, FORUMS OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THE SITES; (B) INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, LOSS OF USE, OR LOSS OF DATA; (C) INABILITY TO USE THE SITES, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS, OR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THE SITES, EVEN IF FRABOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOUR USE OF THE SITES, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS RESULTS IN THE NEED FOR SERVICE, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COST RELATED TO THAT SERVICE, REPAIR AND CORRECTION. YOU RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST FRABOOM ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITES, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THE SITES. YOU ALSO AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FRABOOM FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEY FEES PRIOR TO AND AT ANY TRIAL OR ARBITRATION PROCEEDING, AND IN ANY POST JUDGMENT PROCEEDINGS, ARISING FROM YOUR IN CONNECTION WITH YOUR USE OF THE SITES, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THE SITES, OR FAILURE TO ABIDE BY THESE TERMS OR APPLICABLE LAW.  WITHOUT LIMITING THE FOREGOIN, YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, IN NO EVENT SHALL FRABOOM OR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.

Fraboom will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

12.     No License. Except as expressly provided otherwise in these Terms, nothing in the Sites, including these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials or Transmissions without the prior written permission of the owner of the Materials or Transmissions.

13.     Taxes. Unless you provide Fraboom with a valid and correct tax exemption certificate applicable to any goods or services provided by Fraboom or through the Sites (if any), you, the user, will be responsible for, and will indemnify and hold Fraboom harmless from, all sales and other taxes associated with those goods and/or services, however designated, except for Fraboom's franchise tax and taxes on Fraboom's net income.

14.     United States Government Restricted Rights. The Materials on the Sites are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of Fraboom's proprietary rights in them.

15.     Privacy. It is Fraboom's policy to respect the privacy of all visitors to the Sites, including children less than 13 years of age. For more information about Fraboom's Privacy Policy generally and as it relates to children, please refer to our Privacy Policy.

16.     Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Sites will be governed by the internal laws of the State of Oregon without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or the Sites be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods. These Terms give you specific legal rights, and you may also have other rights which vary from state to state.

17.     Jurisdiction. The Sites are controlled and operated from Fraboom's offices within the State of Oregon. If any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute or controversy relating to the Sites, including these Terms, will be the state and federal courts located in Portland, Oregon, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Portland, Oregon is an inconvenient forum.

18.     Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.

19.     Separate Agreements. If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.

20.     Entire Agreement. This is the entire agreement between you and Fraboom relating to the subject matter of these Terms. Except as expressly provided in Section 1, these Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Fraboom.

21.     Other Terms and Conditions. These Terms apply to all uses of the Sites unless you and Fraboom have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.

22.     Notices, Questions, Communications. If you wish to contact Fraboom, please direct all inquiries (except for claims of copyright infringement) to "terms@flyingrhino.com" or telephone Fraboom at 503.445.8777. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.

Copyright 2008 – FR Productions, LLC. All rights reserved.

Updated September 16, 2008
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