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2.Phroogal Policies; Additional Terms and Conditions
3. Accessing the Sites and Account Security
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or to the entire Sites, from users. We may update the content on the Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.
You are responsible for:
To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account and/or internet browser at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. Intellectual Property Rights
The content of the Site includes, without limitation, (i) Phroogal’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Phroogal Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications, and tools, texts, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i), (ii) and (iii) shall be collectively referred to herein as “Phroogal Content”). Phroogal Content is the property of Phroogal, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of Phroogal Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the owner of such content if Phroogal is not the owner. Any use of Phroogal Marks without Phroogal’s express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in Phroogal Content, including any such notices appearing on Phroogal Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
6. License Grant
7. License Restrictions
You must not:
You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.
If you wish to make any use of material on the Sites other than that set out in this section, please address your request to: email@example.com
8. Prohibited Uses
Additionally, you agree not to:
9. User Contributions
The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, contest, sweepstakes or promotions, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Sites.
Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Phroogal, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.
10. Monitoring and Enforcement
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. Phroogal Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with the use and enjoyment of the Sites by other users or with our operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through any registration form on the Sites. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, we reserve the right to terminate your access and use of the Sites. You warrant you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites. Without limiting the foregoing, you agree not to upload, download, post, email, transmit, or otherwise make available any content, including through any attachments thereto, that:
12. Copyright Infringement
Phroogal respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Phroogal the following information:
Phroogal’s notice for claims of copyright or intellectual property infringement can be sent to:
1115 E. Jersey Street
Elizabeth, NJ 07201
By E-Mail: firstname.lastname@example.org
13. Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes, is generic in nature, is not intended as individual advice and is not financial or legal advice. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents. Phroogal shall not be obligated to correct or update the Sites or Phroogal Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.
14. Linking to the Sites and Social Media Features
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, promotion or endorsement on our part without our express written consent.
The Sites may provide certain social media features that enable you to:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
15. Third Party Information; Links from the Sites
If the Sites contain materials, information, products, and services provided by third parties. Any such information, including but not limited to, articles, opinions, offers, advice, statements, services, or other information made available by third parties such as content providers and other users of the Sites, are those of the respective third party and not of Phroogal or its affiliates. Phroogal makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products. We are not responsible, or liable, to you or any third party, for the content or accuracy of any material provided by any third party. Links to other sites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The appearance of third party links is not intended to endorse any particular company or product.
The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. Phroogal shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, Phroogal shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transaction you have with any third party advertisers.
17. Geographic Restrictions
Phroogal is based in the state of New Jersey in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
18. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE LINKED TO THE SITES.
YOUR USE OF THE SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.
22. Governing Law
23. Limitation on Time to File Claims
24. Waiver and Severability
25. Entire Agreement
26. Contact Information
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