Content Linked to by frogtoon
The sites displayed within the frogtoon application, or linked to from frogtoon, including but not limited to the profiles and content displayed on and accessible from the frogtoon application, website and/or related directories as well as the rotating billboards and/or related directories, are developed and/or submitted by people over whom frogtoon exercises no control. frogtoon cannot and does not screen the profiles nor the sites before including them and offering them as part of the services. Any navigation using frogtoon may produce pages and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a click or navigation will not locate unintended or objectionable content and frogtoon assumes no responsibility for the content of any site displayed within frogtoon or otherwise linked to by frogtoon Services. In such cases, you agree that your only recourse is to stop using the Services.
Personal Use Only
frogtoon is available for your personal, non-commercial use only. frogtoon grants you a limited license to access the Services in accordance with these Terms.
You are solely responsible for your use of the frogtoon Services. frogtoon serves as both a directory and a repository of information, and as such, the sites and services not limited to user-posted content does not represent the advice, views, opinions or beliefs of frogtoon, and frogtoon makes no claim of accuracy of any user-posted material. frogtoon allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Service does not imply any endorsement by or any affiliation with frogtoon.
If you are interested in adding a link to frogtoon on your web page or your company's web site, we encourage you to do so. Please see our get involved section for more information.
frogtoon reserves the right to remove and/or reclaim any username at any time for any reason. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as names of artists, celebrities, sports teams, companies, and all other cases including when a trademark owner complains about a username that does not closely relate to a user's actual name).
By posting content, you are granting permission to us and others to access and use it in connection with the frogtoon Services and otherwise in connection with our business. Please also note that just because your compilation does not have a license agreement attached to it does not mean that it is public domain. For a compilation to be classified as such, it must be explicitly labeled as belonging to the public domain. Your use of a license in connection with your compilation does not affect frogtoon's right to access and use it in connection with the Service or otherwise in connection with our business.
frogtoon does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links and/or profiles does not create an attorney-client relationship. The license agreements and all related information are provided on an "as is" basis. frogtoon makes no warranties whatsoever regarding the license agreements and the information provided, and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use. frogtoon will include this license label in making your content accessible to others, but any enforcement of your chosen license terms remains your sole responsibility.
frogtoon is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access.
Changes In Terms and Conditions
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Intellectual Property (Trademarks and Copyrights)
frogtoon, the frogtoon logo and the frogtoon design are trademarks or trade dress of frogtoon, may not be used without express written permission from frogtoon, other than for attribution and/or for linking purposes. All other trademarks not owned by frogtoon that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by frogtoon.
frogtoon-originated content included on the Service, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on frogtoon, is the property of frogtoon and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any frogtoon-originated content is permitted without written permission from frogtoon.
User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.
Disclaimer of Warranties
frogtoon disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed within frogtoon services. frogtoon disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. frogtoon disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the frogtoon services.
THE frogtoon SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE frogtoon SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. frogtoon AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. frogtoon AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE frogtoon SERVICES. frogtoon AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE frogtoon SERVICES. frogtoon AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE frogtoon SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE frogtoon SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE frogtoon SERVICES.
YOU UNDERSTAND AND AGREE THAT WHE YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE frogtoon SERVICES, IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL frogtoon OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE frogtoon SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF frogtoon OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE frogtoon SERVICES, FROM INABILITY TO USE THE frogtoon SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE frogtoon SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE frogtoon SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE frogtoon SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE frogtoon SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE frogtoon SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE frogtoon SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE frogtoon SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall frogtoon or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service 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 of Service will be effective only if in writing and signed by frogtoon.