Terms of Service
USER AGREEMENT (“Agreement”)
1. ACCEPTANCE OF TERMS THROUGH USE
This website is owned by Phroogal, Inc. This Agreement covers all Phroogal pages, including the one you are currently visiting (Website), and any associated content including RSS feeds, emails, newsletters, forums, podcasts, user comments, and social applications. By using Phroogal or by clicking “I agree” to this Agreement, you(“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use Phroogal and do not click “I agree.” Please check this Agreement periodically for changes as the owner Phroogal reserves the right to revise this Agreement and your continued use of Phroogal following the posting of any changes to the Agreement constitutes acceptance of such changes. Phroogal reserves the right to terminate a User’s use of Phroogal at any time without notice and may do so for any breach of this Agreement or the instructions on Phroogal by User. This Agreement applies to licensors and advertisers as well.
2. YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS WEBSITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use the Phroogal website, he or she should email Phroogal with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing Phroogal from any country where material on Phroogal is prohibited or illegal, please leave now as you do not have permission to access Phroogal.
3. LICENSE TO USE THIS WEBSITE
Upon your agreement to this Agreement, Phroogal hereby grants you a non-exclusive, non-transferable limited license to use Phroogal in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on Phroogal Websites. You agree not to make any false or fraudulent statements in your use of or to gain access to Phroogal Websites. You acknowledge and agree that all content and services available on Phroogal Websites are property of Phroogal and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Phroogal, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through Phroogal Websites, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
4. LICENSE RESTRICTIONS
4.1 Use. Except as may be explicitly permitted through Phroogal Websites, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from Phroogal Websites. Systematic retrieval of data or other content from Phroogal Websites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Phroogal is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
4.2 Security. You agree that if you are issued a Username and Password by Phroogal, you shall use your best efforts to prevent access to Phroogal Websites through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Phroogal immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via Phroogal Websites. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Phroogal shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
4.3 International Users. Accessing Phroogal Websites, and services, products or contents available on Phroogal Websites, except as expressly allowed through instructions and truthful statements by the User in regard to use of Phroogal Websites, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access Phroogal Websites from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on Phroogal Websites may be downloaded, exported or reexported into Iran, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or any other country with restrictions imposed by the U.S. Government. By using Phroogal Websites, you agree that you are not a citizen of or a resident in any of these countries.
4.4 Export. You agree that you shall comply with all applicable export and import control laws and regulations in your use of Phroogal Websites, or materials or services received through Phroogal Websites, and, in particular, you shall not export or re- export anything on or received through Phroogal Websites in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
4.5 Government Use. If you are a branch or agency of the U.S. Government, the following provision applies. Phroogal Websites, code,contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).Unpublished rights reserved under the copyright laws of the United States.
5. USER’S LICENSE GRANT TO WEBSITE
Except with regard to personal information, all information which you post on Phroogal Websites or communicate to Phroogal through Phroogal Websites (collectively “Submissions”) shall forever be the property of the Phroogal. You agree to the Website Submission Rules,if provided by Phroogal, as part of this Agreement. Phroogal shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Phroogal services or products. Without limitation, Phroogal shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
Phroogal, licensors’ or other third party materials, services or products referenced on Phroogal Websites are common law or registered trade marks or service marks of such parties.
7. THIRD PARTY WEBSITES
You may be transferred to online merchants or other third party websites through links or frames from Phroogal Websites. You are cautioned to read such websites? terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. These websites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other websites are not under the control of Phroogal, are not monitored or reviewed by Phroogal, and Phroogal is not aware of the contents of such websites. You acknowledge that Phroogal is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such websites. The inclusion of such a link or frame does not imply endorsement of that website by Phroogal, its advertisers or licensors, or any association with its operators and is provided solely for your convenience. You agree that Phroogal and its licensors have no liability whatsoever from such third party websites and your usage of them.
8. DISCLAIMER OF WARRANTIES
PHROOGAL, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT PHROOGAL WEBSITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF PHROOGAL WEBSITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH PHROOGAL WEBSITES.
NOTHING CONTAINED ON PHROOGAL WEBSITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO, MEDICAL, LEGAL, OR= INANCIAL ADVICE.
ALL INFORMATION AND USE OF PHROOGAL WEBSITES ARE PROVIDED ?AS IS? WITHOUT WARRANTY OF ANY KIND. PHROOGAL, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO PHROOGAL WEBSITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF PHROOGAL WEBSITES AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH PHROOGAL WEBSITES, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PHROOGAL, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH PHROOGAL WEBSITES ARE ACCURATE, RELIABLE OR CORRECT; THAT PHROOGAL WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH PHROOGAL WEBSITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
8.1 GENERAL DISCLAIMER
Phroogal may have a financial relationship with some companies mentioned on Phroogal Websites. We may be compensated if consumers choose to purchase a product or service via an affiliate link on Phroogal Websites. We do not accept compensation in exchange for positive reviews.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PHROOGAL, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, PHROOGAL WEBSITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF PHROOGAL WEBSITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH PHROOGAL WEBSITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PHROOGAL, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PHROOGAL, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS?LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless Phroogal, its advertisers, licensors, subsidiaries and other affiliated companies,and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney?s fees,that arise from your use Phroogal Websites, or any services, information or products from Phroogal Websites, or any violation of this Agreement. Phroogal reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Phroogal in asserting any available defenses.
11. LEGAL COMPLIANCE
Phroogal may suspend or terminate this Agreement or User?s use immediately upon receipt of any notice which alleges that User has used Phroogal Websites for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Phroogal may disclose the User?s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Phroogal shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Phroogal for such disclosure.
12. CHOICE OF LAW AND FORUM
Phroogal Websites (excluding third party linked to Phroogal Websites) are controlled by Phroogal from its offices within the State of California, U.S. of America. Phroogal Websites can be access from all 50 states as well as from other countries around the world to the extent permitted by Phroogal Websites. As each of these places has laws that may differ from California, by accessing Phroogal Websites,both you and Phroogal agree that the statues and laws of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of Phroogal Websites, without regard to conflicts of laws principles thereof. You and Phroogal also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. Phroogal makes no representation that materials on Phroogal Websites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
This Agreement incorporates by reference the Website Submission Rules [insert link] if this specific Phroogal Website allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof,supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of Phroogalv. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended to so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.