Terms and Conditions

Welcome to The America’s Best Communities (ABC) Prize Competition website (“Site”). By using the Site, you are indicating your agreement to these Terms and Conditions of Use (“Terms of Use”) including without limitation our privacy policy (http://frontier.com/docs/policies/policies_privacy_111711.pdf). If you do not agree to these Terms of Use, or your jurisdiction will not honor the terms of this Site, you are not authorized to use this Site and you may not access or link to this Site or download any materials or content from this Site.

Throughout these Terms of Use, the words “we, “us,” “our,” and “FTR ABC” refer to Frontier ABC LLC, a Delaware Limited Liability Company, with offices located at 3 High Ridge Park, Stamford, Connecticut 06905.

Your use of this Site or any third-party sites managed by FTR ABC, or your provision to us of any content or information constitutes your agreement to these Terms of Use and any other terms and conditions that may be outlined elsewhere on this Site, including but not limited to our Privacy Policy. We may revise these Terms of Use at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of this Site following the posting of any revisions to these Terms of Use will mean you accept those changes.

Restrictions on Use of Content; Copyright

Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress and trademarks and/or other intellectual properties owned by FTR ABC, and/or its affiliates, and their vendors and participants in the ABC Prize Competition, or by other parties that have licensed their material to us. We expressly reserve all rights to this Site and our materials under U.S. and international laws. The materials contained in this Site may not be modified or altered in any way. You may not copy or distribute any photograph, illustration, artwork, video, or other graphic material contained on this Site for any use without first obtaining written permission from FTR ABC (at info(at)americasbestcommunities.com) and any other applicable copyright owner(s). Except as described above, you may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or in any way exploit any part of our Site, including computer programs and other coding.

Trademarks

You acknowledge and agree that the FTR ABC name and logo, the America’s Best Communities name and logo and other FTR ABC registered trademarks and service marks (“Our Marks”) are trademarks of FTR ABC and its affiliates in the United States and other countries. All of our rights in Our Marks are reserved. You may not use Our Marks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use Our Marks in any manner that disparages or discredits us. You may not use metatags or any other “hidden text” that incorporates Our Marks or our name without our express prior written consent.

Registration and User Profiles

Some areas of the Site may require you to register or create a user profile as part of an application process. Completion of the process usually involves creating an account with a user name or identifier and password, which you agree to guard as confidential information and take all reasonable measures to keep secure. You agree to provide accurate, current and complete information at all times, and to update it in a timely manner. If you provide (or if we have reasonable grounds to believe you provided) inaccurate or incomplete information, we may suspend or terminate your access, application, or participation in our programs, in addition to exercising all rights and remedies allowed by law.

You agree that all uses of the identifier created by you will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates and other third parties with whom we work, including but not limited to our and their respective affiliates, current and former trustees, officers, staff and agents (collectively “Third Parties”), as being a use made by you, even if someone else uses your identifier.

Links to Other Web Sites

Our Site contains links to other websites that we think may be of interest and provide them as a convenience to you. We have no control over these other sites and our links to them do not constitute our endorsement of these websites or their content. You should be aware when you leave our Site for another, and remember that other sites are governed by their own user agreements and privacy policies, which you should be sure to read. You agree that any visits to linked sites are at your own risk and are governed by their terms and policies.

Forms, Blogs, Discussion Boards and Online Forums

Some of the information provided to the Site and opinions expressed in materials posted by visitors to the Site in forms and applications, and on blogs, discussion boards, lists or other similar venues of our Site (“Forums”) is provided by third parties, like you. We make no representations or warranties regarding such posted materials and do not monitor, control or accept liability for any information posted to the Forums. Our Forums are public, not private communications. Therefore, any personal information you voluntarily disclose may be collected and used by others and may result in unsolicited messages. We specifically disclaim responsibility for such third party usage of any information posted to the Forums.

By entering this Site or participating in or posting to any Forum, you represent and warrant to us the following: For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this website or your participation in or posting to any Forum, you shall not submit, upload or post to any Forum any text, graphic material or other information or data (singly or collectively, “content”) that (1) libels, defames, invades privacy or is inappropriate, obscene, illegal, pornographic, abusive, hateful, or threatening, encourages criminal conduct, or gives rise to civil liability; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, infringement of copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices, or other proprietary designations, or impersonates anyone else or misrepresents your affiliation with any other person or entity; (4) violates any law; (5) contains viruses, corrupted files or other materials that may cause damage to this Site or another’s computer or data; (6) advertises or otherwise solicits funds or sales of goods or services, or (7) contains “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.

We have the sole discretion, but not necessarily the obligation, to delete at any time any content that violates these rules or that we believe to be inappropriate for any reason. We reserve the right to remove any postings or other uploaded materials in response to complaints of infringement, obscenity or defamation or to otherwise review or edit such materials as appropriate, in our sole discretion and without notice.

Content posted on any Forum remains the intellectual property of the individual user. By posting such content on our Site, you expressly grant FTR ABC a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in such content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such content is deemed non-confidential, and FTR ABC shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any such content.

By posting any content on any Forum, you agree to indemnify and hold harmless FTR ABC and Third Parties, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your breach of the foregoing representations and warranties to us.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY DUTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN THIS SITE IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING VIA DOWNLOAD) ANY CONTENT AT YOUR OWN RISK.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE AND THIRD PARTIES DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU THAT RESULTS FROM YOUR USE OF THIS SITE OR YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

Release and Indemnity

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or participation in or posting to any Forum, you hereby agree to release and waive any and all claims and/or liability against FTR ABC and Third Parties, if any, arising from or in connection with your use of this Site. You also agree to indemnify and hold harmless FTR ABC and Third Parties, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Site or failure to abide by any applicable law. You also agree to cooperate fully in the defense of any of the foregoing.

Copyright Complaints; DMCA Compliance

We respect the intellectual property rights of others and request that Site users do the same. If you believe that your work has been infringed under copyright law, please follow the instructions below for notifying our Digital Millennium Copyright Act (“DMCA”) designated agent.

To file a notice of infringing material found on our Site, please provide a notification containing the following details:

  1. Identification of the copyrighted work claimed to be infringed or, if multiple works, a representative list of such works;
  2. Identification of the material on our Site that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  3. Your contact information (address, telephone number and, if available, an email address);
  4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.

Please send this notice to:

By Mail: DMCA Agent: Mark Nielsen, Frontier Communications Corporation, 3 High Ridge Park, Stamford, CT 06905, 203-614-5600

By Fax: Attn: Mark Nielsen, DMCA Agent +1-203-614-4651

By Email: dmca(at)frontier.com

Privacy

All information is collected in the United States, and the use of any personally identifiable information is subject to the terms of the Frontier Privacy Policy located at: http://frontier.com/docs/policies/policies_privacy_111711.pdf.

By submitting ABC Prize Competition registration information and an Application, Applicant acknowledges that Frontier will collect, process and use the personal data and information provided by Applicants in connection with and for the purpose of administering and promoting the ABC Prize Competition. Applicant’s information also may be shared with Co-Sponsors, judges, and third party providers for the purposes of administering and promoting the ABC Prize Competition. Some information in Applications is designated as public and will be published on the ABC Prize Competition web site and in other media, including in ABC Prize Competition marketing and promotion materials.

Note to Users Outside of the United States

This Site is controlled by us from offices in the United States of America. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything from the Site in violation of U.S. export laws, regulations, or these Terms of Use.

Termination

We reserve the right to terminate the Site and these Terms of Use at any time without notice for any reason including, in the case of the Terms of Use, for your violation of any of its provisions. The Disclaimer of Warranties, Limitation of Liability, Release and Indemnity and Governing Law Sections of these Terms of Use shall survive any such termination.

Governing Law

These Terms of Use will be governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State and County of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Entire Agreement

These Terms of Use, including the Privacy Policy, are the entire agreement between you and us with respect to your use of the Site, and supersede any prior understandings (oral or written) with regard to the matters covered by these Terms of Use.

Changes and Updates to Terms of Use

We may change or update these Terms of Use and we encourage you to refer back to it periodically. When we revise these Terms of Use we will also revise the Effective Date below.

Effective Date: September 10 , 2014

Copyright 2014 Frontier ABC LLC,. All Rights Reserved.