Terms and Conditions
1. OWNERSHIP OF THE SITES
All pages within the Sites and any material made available for viewing, use or download through the Sites, are the property of Frobabies LLC (“Frobabies”). The Sites are protected by United States and international copyright and trademark laws. The contents of the Sites, including without limitation Frobabies’s name, logos, designs, slogans, and any files, documents, text, photographs, images, audio, and video, and any other materials accessed through or made available for viewing, listening, use or download through the Sites (including advertisements and sponsored links, collectively, the “Content”) may not be copied, distributed, modified, reproduced, published, used or re-used, in whole or in part, except for the purposes specifically permitted herein or that have been authorized or approved in writing by Frobabies prior to any such use. You may not frame or utilize framing techniques to enclose, or deep link to, any Content or other proprietary information (including images, text, page layout, and forms) without Frobabies’s express prior written consent. All other names, logos, product and service names, designs and slogans and other materials on the Sites that are not trademarks or copyrighted material of Frobabies are the trademarks or copyrighted material of their respective owners.
2. SITE SECURITY
3. ACCURACY AND INTEGRITY OF INFORMATION
Although FroBabies attempts to ensure the integrity and accurateness of the Sites, FroBabies makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Sites and Content thereon. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations (collectively the “Anomalies”) could be made to the Sites by third parties. In the event you believe that there is an Anomaly on the Sites, please contact us as soon as practicable, so that FroBabies can endeavor to correct or remedy such Anomaly. Information contained on the Sites may be changed or updated without notice to you. Additionally, FroBabies shall have no responsibility or liability for information or Content posted to the Sites from any party. All statements and/or opinions expressed in the Content, other than the Content provided by FroBabies are solely the opinions and the responsibility of the person or entity providing such statements or opinions and do not necessarily reflect the opinions of FroBabies.
4. EXPORT POLICY AND GEOGRAPHIC RESTRICTIONS
FroBabies does not authorize the downloading or exportation of the Content or any software or technical data from the Sites to any jurisdiction that prohibits the downloading or exportation of such content, software or data, or to any jurisdiction prohibited by United States export control laws. You shall indemnify and hold harmless FroBabies from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable law. FroBabies is based in the United States. We provide the Sites for use by persons in the United States. We make no claims that the Sites or any of the 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 of the United States, you do so at your own risk and you are responsible for compliance with applicable local laws.
5. ACCESS TO SITE; INDEMNIFICATION
6. LINKS TO OTHER SITES
Links from the Sites to other websites and resources provided by third parties are provided for your convenience only. FroBabies makes no representations whatsoever about any other website that you may access through the Sites. When you access a non-FroBabies site, please understand that it is independent from FroBabies , and that FroBabies has no control over the Content on that external website. In addition, a link to a non-FroBabies website does not mean that FroBabies endorses or accepts any responsibility for the Content thereon, or for your use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. You acknowledge that if you decide to access any of third party websites linked to the Sites, you do this entirely at your own risk.
7. SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE
8. PROHIBITED USES
9. LINKING TO THE SITES AND SOCIAL MEDIA FEATURES
You may link to the Sites home pages provided you do so in a way that is fair, compliant with applicable law, and does not damage Frobabies’ reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent. The Sites may provide certain social media features that enable you to (1) link from your own or third-party websites to certain Content on the Sites, (2) send emails or other communications with certain content, or links to certain Content on the Sites, or (3) cause limited portions of Content on the Sites to be displayed or to appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to Content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features (if any) and any links at any time without notice to you in our sole discretion.
10. CLAIMS OF COPYRIGHT INFRINGEMENT
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Frobabies respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Frobabies’ Designated Copyright Agent, identified below. Notices of Alleged Infringement for Content Made Available Through the Frobabies Sites If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice (“Notice”) complying with the following requirements: (i) you must identify the copyrighted works that you claim have been infringe; (ii) you must identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the specific Site(s) where such material may be found; and (iii) you must provide your mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent: Frobabies LLC P.O. Box 464927 Lawrenceville, A 30042 Counter Notices A person or entity that has allegedly infringed may make a counter notice pursuant to the DMCA. When Frobabies receives a counter notice, it may reinstate the material in question, in our reasonable discretion. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent. You must follow these procedures to assure your counter notice properly handled and accepted: (i) you must identify the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled; (ii) your counter notice must contain this statement: “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”; (iii) you must provide your name, address, telephone number and, if available, email address; (iv) your counter notice must also contain this statement: “I hereby consent to the jurisdiction in the state or federal courts located in the State of Georgia, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”; and (v) you must provide your full legal name and your electronic or physical signature. ALL NOTICES AND COUNTER NOTICE HEREUNDER SHOULD BE DELIVERED TO THE FOLLOWING DESIGNATED COPYRIGHT AGENT OF Frobabies: Frobabies LLC P.O. Box 464927 Lawrenceville, A 30042
11. DISCLAIMER OF WARRANTIES
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. THESE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITES, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD, IF ANY, WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY Frobabies, IF ANY, ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS THAT MAY BE PROVIDED WITH OR IN CONNECTION WITH SUCH PRODUCTS OR SERVICES.
12. LIMITATION OF LIABILITY REGARDING USE OF SITE
13. REVISIONS; GENERAL
14. YOUR COMMENTS AND CONCERNS.