Franktown Rocks! Make Friends. Make Music.

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Franktown Rocks | Terms of Use

Please read these terms of use carefully before playing Franktown Rocks. By using this website or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use, which constitute a binding legal agreement. If you do not agree to these terms of use, click "I DO NOT AGREE" and DO NOT set up a membership account to play Franktown Rocks.

THESE TERMS OF USE ALSO APPLY TO THE USE OF A USER ACCOUNT THAT HAS ALREADY BEEN SET UP. PLEASE READ THEM CAREFULLY. By playing Franktown Rocks, you signify your agreement to these terms of use, which constitute a binding legal agreement. If you do not agree to these terms of use, you may not use the Franktown Rocks site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms on the Franktown Rocks website periodically for changes. Your continued use of Franktown Rocks following the posting of changes to these terms will mean you accept those changes.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Franktown Rocks site and receipt of data, materials and information available at or through the Franktown Rocks site.

1. General - All software, documentation, and any content accessed through the software you are about to use on Franktown Rocks (collectively, "The Software") are protected by United States and international laws, including copyright laws and treaties. Brightstone Media, Inc., their affiliates and any subsidiary companies, and their licensors (collectively, "Brightstone Media", "we", "us", or "our") own all right, title and interest to The Software.

2. Use Of Content - All information, materials, functions and other content the Franktown Rocks site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Franktown Rocks site or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from the Franktown Rocks site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Franktown Rocks site, except that where the Franktown Rocks site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of the Franktown Rocks site is prohibited.

3. Title Not Transferred - These terms do not transfer title to The Software to you. The rights granted herein are limited to certain of Brightstone Media, Inc. and its licensor's rights and do not include any other patents or other intellectual property rights. Brightstone Media, Inc. and its licensors retain full and complete title to The Software and all intellectual property rights therein.

4. License and Restrictions - Brightstone Media, Inc. hereby grants you a non-exclusive license use of The Software on the Franktown Rocks website for personal, non-commercial use only. Brightstone Media, Inc. may configure The Software with certain tags that identify the version of The Software being used, which permit Brightstone Media, Inc. to update this version without further notice to you. Brightstone Media, Inc. shall have the right to poll your user account for the purpose of adding updated versions of The Software or to delete such versions automatically.

You may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy The Software; b) modify, translate or create derivative works based on The Software; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce The Software to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright or other proprietary notices; or e) create other software that incorporates The Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that The Software is not intended for use in connection with any high risk or strict liability activity and Brightstone Media, Inc. makes no warranty and shall have no liability in connection with the use of The Software in any such situations.

5. No Warranty - THE SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRAINWAVE STUDIOS, LLC DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FRANKTOWN ROCKS SITE OR THE OTHER SITES OF BRAINWAVE STUDIOS, LLC (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTER ON WHICH THE SOFTWARE IS ACCESSED FROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRAINWAVE STUDIOS, LLC OR FRANKTOWN ROCKS OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

6. Rules Of Conduct - The following Rules of Conduct apply to Franktown Rocks. By using Franktown Rocks, you agree that you will not use language that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person"s personal information of any kind without their express permission) or publicity; or any confidentiality obligation;
is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
contains a virus or other harmful component, or otherwise tampers with, impairs or damages Franktown Rocks or any connected network, or otherwise interferes with any person or entity"s use or enjoyment of the Franktown Rocks; or (a) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

As part of our special measures to help children protect their privacy while online, we reserve the right, at our discretion, to suspend or terminate any user who discloses or requests Personal Information to/from another user. "Personal Information" will be defined as individually identifiable information about an individual, including but not limited to:
a first and/or last name
a home or other physical address including street name and name of a city or town
an e-mail address
a telephone number
any other identifier that could permit the physical or online contacting of a specific individual outside of Franktown Rocks
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We may suspend or terminate your account and your ability to use Franktown Rocks or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

7. Indemnification - You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. Limitation on Liability - UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO BRAINWAVE STUDIOS, LLC FOR THE SOFTWARE, IF ANY, FOR ACCESSING THE SOFTWARE OR $50, WHICHEVER IS LESS. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Jurisdiction - We operate from offices located in Franklin, TN USA. We make no representation that The Software is appropriate or available for use in any particular location. Those who choose to use The Software do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Termination - These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of The Software and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by Brightstone Media, Inc. You may terminate these terms at any time by discontinuing use of The Software, and canceling your user account.

11. Export Law Assurances - You agree not to use or otherwise export or re-export The Software except as authorized by United States law and the laws of the jurisdiction in which The Software was obtained. Without limited the foregoing, The Software may not be exported or re-exported (a) into (or to a national resident of) any United States and U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the United States or U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using The Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

12. Use of User Submitted Materials - By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Brightstone Media, Inc. a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.

13. Privacy Policy - Use of any information gathered during, or by, your use of The Software shall be governed by Brightstone Media, Inc.'s privacy policy currently located at http://www.franktownrocks.com/privacy_policy.php. By using The Software, you signify your agreement to Brightstone Media, Inc.'s privacy policy. If you do not agree to the privacy policy, do not use The Software. We reserve the right, at our discretion, to change, modify, add, or remove portions of Brightstone Media, Inc.'s privacy policy at any time. Changes shall be posted on the Franktown Rocks website. Your continued use of this site following the posting of these changes to the privacy policy will mean you accept those changes.

14. Amendment - At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Web sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Franktown Rocks website. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

15. Entire Agreement - These terms shall be governed by and construed in accordance with the laws of the state of Tennessee, USA without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed on.

Franktown Rocks is a fun mutliplayer online game for kids 8-12. You can create a character and walk around the city of Franktown and play with other characters. You can play games, make music, complete quests, watch videos, drive cars, buy a pet and dress it up, add rooms and even an elevator to your house. Best of all, this social game (sometimes called an MMOG - which means "Massively Multiplayer Online Game") is totally free to play! So what are you waiting for? Whether you're a New User or a Returning User, you can start making friends and making music today!