Terms & Conditions

Congratulations. You are first to read this.

In a Nutshell
Lawyer Talk
00.

Hi. We’re Firstborn and this is our website. By using it you’re agreeing to a lot of things that you may want to look over. Or don’t. Nobody really does.

Updated as of February 6, 2013

The www.firstborn.com website (the "Website") is operated by Firstborn Multimedia Corporation ("Company"). These terms of use (the "Terms of Use") govern the use of the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. If you decline these Terms of Use, please do not use the Website.

By using the Website, you SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. The Company reserves the right, in its sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time without further notice. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on the Website. Please check these terms periodically for changes, as the top of this page will indicate the date these terms were last revised. Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices.

01.

Feel free to use our site, but just don’t start trying to pass off our work as your own. We would definitely have a problem with that and so would our lawyers.

LIMITED LICENSE

The Company grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify any portion of the Website. This license does not include, among other things: any resale or commercial use of the Website; any derivative use of the Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by the Company; or any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company's express written consent. Such limited license is subject to these Terms of Use.

02.

Our site sometimes links to content on other sites. We don’t own it and we’re not responsible for it. Just remember the phrase “passive conduit” and everything should be fine.

THIRD PARTY WEBSITES AND CONTENT

The Website may contain links to other websites ("Third Party Sites") and articles, resources, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not reviewed, investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on or available through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third Party Sites or to use any Third Party Content, you do so at your own risk and you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.

You acknowledge that by providing you with the ability to access and view Third Party Content on the Website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any or Third Party Content.

03.

If we made it, we own it. So don’t steal it. Otherwise, we’ll have to sue you and that’s a great time for anyone—except for maybe stenographers.

OWNERSHIP

Other than Third Party Content (as defined above), all content on the Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the Company (or its licensors) and is protected by U.S. and/or international copyright laws.

Except as expressly provided in the "Limited License" section above, your use of and access to the Website does not grant you any license or right to use any of the Company's copyrights, trademarks, or trade names. The Company vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its copyrights, trademarks, and trade names.

04.

By all means communicate with us, but just know that nothing is confidential. And, if we use something that you send us, you can’t sue.

SUBMISSIONS TO COMPANY

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, material, communication, or other information about the Website ("Submissions"), provided by you to the Company are non-confidential. Further, you acknowledge and agree that Company receives many comments, suggestions, ideas, feedback, material, and other submissions from many parties and that your Submission may be similar or identical in theme, idea, or other respects to other comments, suggestions, ideas, feedback, material, or other submissions submitted by others to Company or to those that Company has developed on its own. Therefore, you agree that any use by Company of any comments, suggestions, ideas, feedback, material, and other submissions that are similar or identical to your Submission in any way will not give rise to any claims by you or on your behalf against Company of any kind, including, without limitation, claims of infringement, unfair competition, or implied contract, and You hereby waives any and all such claims.

05.

You might actually want to read this one. If you think we’re infringing on something that’s under copyright, send us an email and we’ll look into it. That being said, you should probably talk to a lawyer first.

DMCA TAKE-DOWN PROCEDURE

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who have a good faith belief that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) 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; and (6) 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Webmaster
Address: 32 Avenue of the Americas, 5th floor, New York, NY 10013
Telephone: 212-574-5300
Fax: 212-574-5303
Email: info@firstborn.com

The Company suggests that you consult your legal advisor before filing a notice with the Company’s copyright agent. You should note that there can be penalties for false claims under the DMCA.

The Company may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the Website.

In certain circumstances, the Company may not be providing or hosting the material found on the Website; rather, third parties may be providing and hosting such materials (such as videos hosted on YouTube). Such third parties may have their own DMCA Take-Down Procedures (such as YouTube (http://www.youtube.com/t/terms) or Twitter (http://twitter.com/tos)). These third party providers may be able to address your concerns, including the removal of your material from their servers (and thus, the Website).

06.

By visiting this website you agree that we’re not responsible for any sort of legal mess you might get into.

INDEMNIFICATION

You agree to indemnify and hold the Company, its representatives, agents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.

07.

We make zero guarantees. Seriously. None. We disclaim everything.

DISCLAIMERS

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY DOES NOT WARRANT THAT THE WEBSITE (AND/OR ITS SERVERS), OR COMMUNICATIONS SENT FROM THE COMPANY OR VIA THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Further, the Company is not responsible or liable in any manner for any Third Party Content on the Website, whether posted by the Company, by third parties, or by any of the equipment or programming associated with or utilized in the Website, or for any Third Party Sites. The Company does not control and is not responsible for Third Party Content and is not responsible for any harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable content you may encounter on the Website or in connection with any Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Website.

08.

And we’re definitely not liable for any damages you might somehow incur by visiting this website. We’re not even sure how that would happen.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE COMPANY.

IF, DESPITE THE LIMITATION ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN ITS LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

09.

Don’t be a jerk. We’ll ban you.

TERMINATION

The Company may prohibit you from using or accessing the Website (or any portion, aspect or feature of the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice.

10.

Just to put it out there again, using our website means you agree to our Terms and Conditions. All of them.

GENERAL

These Terms of Use constitute the entire agreement between you and the Company and govern your use of the Website, superseding any prior agreements between you and the Company. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use and use of the Website does not create a joint venture, partnership, employment or agency relationship between you and the Company. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use or access Third Party Content. The Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. The Company's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use by you against the Company must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that all causes of action arising out of or connected with the Terms of Use shall be resolved individually without resort to any form of class action.

11.

Are you from outside the US? Some—or all—of this may not even apply to you. Just be cool.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.

You can direct any questions you have to our email address. Or our physical address. Email might be faster.

CONTACT

If you have any questions about these Terms of Use, please contact the Company by email at info@firstborn.com or:

Firstborn Multimedia Corporation
32 Avenue of the Americas, 5th floor
New York, NY 10013