FROO! - Terms of Service
Welcome to FROO!. FROO! Provides a collection of template themes that can be used to enhance the look and function of individual eBay listings. FROO! provides you with access to this service subject to the terms and conditions of this agreement (the "FROO! Agreement"). Any new features or changes to FROO! shall be subject to this FROO! Agreement unless explicitly stated otherwise.
FROO! Agreement
Please read this FROO! Agreement carefully before registering for or using FROO!. By registering for or using FROO!, you agree to be bound by the terms of conditions set forth in the FROO! Agreement. If you do not wish to be bound by these terms and conditions, do not use FROO!.
NOTE: FROO! may modify and restate the terms and conditions of the FROO! Agreement from time to time. These modifications or restatements will be made available by posting a new version of this document on the FROO! Web Site at http://www.froo.com/terms.html. Accordingly, FROO! users should check this document regularly to ensure that their activities conform to the most recent version. Your continued use of FROO! shall be deemed to be your conclusive acceptance of all modifications to the FROO! Agreement.
GENERAL TERMS OF USE
Before registering for or using FROO!, please carefully read the complete FROO! Agreement. If you do not wish to be bound by the terms and conditions of the FROO! Agreement, do not use FROO!.
You must not attempt to crack, hack, or gain unauthorized access to FROO!. This includes trying to access accounts which do not belong to you, trying to modify the FROO! site, or gain unauthorized server or service access, in any way.
You must not transmit any viruses, worms, trojan horses, or any other code or data of a destructive nature to FROO!.
GENERAL CONDITIONS
We reserve the right to modify or terminate the FROO! service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
FROO! makes all attempts to obey relevant copyright laws. Any claims of copyright infringement will be reviewed. To make a claim, provide us with the following via e-mail to copyright@FROO.com:
Physical or electronic signature of the copyright owner or persons authorized to act on its behalf;
A description of the copyright work claiming to be infringed upon;
A description of the infringing material and location;
Your full contact information, including your name, address, phone numbers and e-mail address;
A statement, by you, that you have in good faith the belief that use of the material by FROO! in the manner complained is not authorized by the owner of the copyright, its agent, or the law;
A statement that the information in the claim is accurate and under the penalties of perjury that you are authorized to act on behalf of the owner of the copyright.
FROO! Terms of Service
Please read these Terms of Service carefully.
Guidelines
FROO! and its affiliates provide their services to you subject to the following notices, terms, and conditions. Unless otherwise agreed in writing with FROO!, your agreement with FROO! will always include, at a minimum, the terms and conditions set out in this document. These terms form a legally binding agreement between you and FROO! in relation to your use of FROO!s services (the “Services”). It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms.” FROO! may, from time to time, modify, amend, or supplement these Terms, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall automatically be effective seven (7) days after FROO! has posted the modifications. If you do not agree to be bound by (or cannot comply with) these Terms as modified, you agree that your sole remedy is to cease using the Services by canceling your account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms.
Legal Notices
Content Copyright
You acknowledge that (i) content on FROO! is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark and other laws govern your use of such content. The content and software on this site may be used as a selling resource. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Trademarks
FROO!, and associated brand names and domain names are trademarks of Frooition, Inc. in the United States and other countries. FROO! trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All marks not owned by FROO! are the property of their respective owners. You may not use, and nothing contained on the website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Web Site without the written permission of FROO! or the respective owner of such trademark, service mark or logo.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by FROO!. FROO! and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if FROO! believes that customer conduct violates applicable law or is harmful to the interests of FROO! and its affiliates.
Copyright Infringement
FROO! and its affiliates respect the intellectual property of others. Copyright infringement will not be tolerated. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our “Notice and Procedure for Making Claims of Copyright Infringement” below.
Limitation of Liability
In the unlikely event FROO! Is found to be responsible to you for damages in any way relating to the services, you agree that FROO!s liability to you will not exceed your previous months plan costs, when applicable, for services during the period in which you incur such damages. FROO! Is not liable for any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive or exemplary damages, the cost of alternative services, or attorneys fees.
Disclaimer
This site is provided by froo! On an “as is” basis. Froo! Makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the fullest extent permissible by applicable law, froo! Disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Froo! Will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Froo! Does not promise uninterrupted or error-free service.
Links to Third Party sites
The FROO! and affiliate web sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of FROO! and FROO! is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
No Unlawful or Prohibited Use
As a condition of your use of the FROO! and affiliate web sites, you warrant to FROO! that you will not use the FROO! Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FROO! or affiliate web sites in any manner that could damage, disable, overburden, or impair the FROO! or affiliate web sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the FROO! or affiliate sites. FROO! reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at FROO!s sole discretion.
Indemnification
You agree to defend, indemnify and hold harmless FROO!, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the FROO! Web Site.
Materials Provided to FROO! or Posted at Any FROO! Affiliated Site
FROO! and its affiliates do not claim ownership of the materials you provide to FROO! (including feedback and suggestions) or post, upload, input or submit to any FROO! or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FROO!, its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. FROO! is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at FROO!s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Software Available on the FROO! or Affiliated Web Site
Software that is made available to download from the FROO! Web Sites, (“Software”) is the copyrighted work of Frooition, Inc. and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, FROO! hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular FROO! Web Site in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by FROO! and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
Fees and payment
The Fees Schedule is outlined on the Payments page and is incorporated herein.
Governing Law
The Services under these Terms are provided by FROO!s offices in the UK.
Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by FROO!. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FROO!s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying FROO! and its affiliates that your copyrighted material has been infringed. Contact us at copyright@froo.com.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the eBay listing ID number/s where the image/s in question are being used, if applicable;
Your address, telephone number, and e-mail address;
A 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
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 owners behalf.
Welcome to FROO!. FROO! Provides a collection of template themes that can be used to enhance the look and function of individual eBay listings. FROO! provides you with access to this service subject to the terms and conditions of this agreement (the "FROO! Agreement"). Any new features or changes to FROO! shall be subject to this FROO! Agreement unless explicitly stated otherwise.
FROO! Agreement
Please read this FROO! Agreement carefully before registering for or using FROO!. By registering for or using FROO!, you agree to be bound by the terms of conditions set forth in the FROO! Agreement. If you do not wish to be bound by these terms and conditions, do not use FROO!.
NOTE: FROO! may modify and restate the terms and conditions of the FROO! Agreement from time to time. These modifications or restatements will be made available by posting a new version of this document on the FROO! Web Site at http://www.froo.com/terms.html. Accordingly, FROO! users should check this document regularly to ensure that their activities conform to the most recent version. Your continued use of FROO! shall be deemed to be your conclusive acceptance of all modifications to the FROO! Agreement.
GENERAL TERMS OF USE
Before registering for or using FROO!, please carefully read the complete FROO! Agreement. If you do not wish to be bound by the terms and conditions of the FROO! Agreement, do not use FROO!.
You must not attempt to crack, hack, or gain unauthorized access to FROO!. This includes trying to access accounts which do not belong to you, trying to modify the FROO! site, or gain unauthorized server or service access, in any way.
You must not transmit any viruses, worms, trojan horses, or any other code or data of a destructive nature to FROO!.
GENERAL CONDITIONS
We reserve the right to modify or terminate the FROO! service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
FROO! makes all attempts to obey relevant copyright laws. Any claims of copyright infringement will be reviewed. To make a claim, provide us with the following via e-mail to copyright@FROO.com:
Physical or electronic signature of the copyright owner or persons authorized to act on its behalf;
A description of the copyright work claiming to be infringed upon;
A description of the infringing material and location;
Your full contact information, including your name, address, phone numbers and e-mail address;
A statement, by you, that you have in good faith the belief that use of the material by FROO! in the manner complained is not authorized by the owner of the copyright, its agent, or the law;
A statement that the information in the claim is accurate and under the penalties of perjury that you are authorized to act on behalf of the owner of the copyright.
FROO! Terms of Service
Please read these Terms of Service carefully.
Guidelines
FROO! and its affiliates provide their services to you subject to the following notices, terms, and conditions. Unless otherwise agreed in writing with FROO!, your agreement with FROO! will always include, at a minimum, the terms and conditions set out in this document. These terms form a legally binding agreement between you and FROO! in relation to your use of FROO!s services (the “Services”). It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms.” FROO! may, from time to time, modify, amend, or supplement these Terms, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall automatically be effective seven (7) days after FROO! has posted the modifications. If you do not agree to be bound by (or cannot comply with) these Terms as modified, you agree that your sole remedy is to cease using the Services by canceling your account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms.
Legal Notices
Content Copyright
You acknowledge that (i) content on FROO! is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark and other laws govern your use of such content. The content and software on this site may be used as a selling resource. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Trademarks
FROO!, and associated brand names and domain names are trademarks of Frooition, Inc. in the United States and other countries. FROO! trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All marks not owned by FROO! are the property of their respective owners. You may not use, and nothing contained on the website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Web Site without the written permission of FROO! or the respective owner of such trademark, service mark or logo.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by FROO!. FROO! and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if FROO! believes that customer conduct violates applicable law or is harmful to the interests of FROO! and its affiliates.
Copyright Infringement
FROO! and its affiliates respect the intellectual property of others. Copyright infringement will not be tolerated. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our “Notice and Procedure for Making Claims of Copyright Infringement” below.
Limitation of Liability
In the unlikely event FROO! Is found to be responsible to you for damages in any way relating to the services, you agree that FROO!s liability to you will not exceed your previous months plan costs, when applicable, for services during the period in which you incur such damages. FROO! Is not liable for any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive or exemplary damages, the cost of alternative services, or attorneys fees.
Disclaimer
This site is provided by froo! On an “as is” basis. Froo! Makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the fullest extent permissible by applicable law, froo! Disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Froo! Will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Froo! Does not promise uninterrupted or error-free service.
Links to Third Party sites
The FROO! and affiliate web sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of FROO! and FROO! is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
No Unlawful or Prohibited Use
As a condition of your use of the FROO! and affiliate web sites, you warrant to FROO! that you will not use the FROO! Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FROO! or affiliate web sites in any manner that could damage, disable, overburden, or impair the FROO! or affiliate web sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the FROO! or affiliate sites. FROO! reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at FROO!s sole discretion.
Indemnification
You agree to defend, indemnify and hold harmless FROO!, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the FROO! Web Site.
Materials Provided to FROO! or Posted at Any FROO! Affiliated Site
FROO! and its affiliates do not claim ownership of the materials you provide to FROO! (including feedback and suggestions) or post, upload, input or submit to any FROO! or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FROO!, its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. FROO! is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at FROO!s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Software Available on the FROO! or Affiliated Web Site
Software that is made available to download from the FROO! Web Sites, (“Software”) is the copyrighted work of Frooition, Inc. and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, FROO! hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular FROO! Web Site in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by FROO! and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
Fees and payment
The Fees Schedule is outlined on the Payments page and is incorporated herein.
Governing Law
The Services under these Terms are provided by FROO!s offices in the UK.
Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by FROO!. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FROO!s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying FROO! and its affiliates that your copyrighted material has been infringed. Contact us at copyright@froo.com.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the eBay listing ID number/s where the image/s in question are being used, if applicable;
Your address, telephone number, and e-mail address;
A 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
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 owners behalf.