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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

You are prohibited from violating or attempting to violate the security of our Sites, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Sites or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. Frobabies will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites.

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

In the event access to the Sites or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Sites may be revoked by FroBabies at any time with or without cause. You agree to defend, indemnify and hold FroBabies harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by FroBabies arising out of your breach of these Terms of Use or violation of applicable law, your use of or access to the Sites, or access by anyone accessing the Sites using your user ID and password whether with or without your consent.

6. LINKS TO OTHER SITES

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout.It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout.

8. PROHIBITED USES

You may use the Sites only for lawful purpose and in accordance with these Terms of Use. You agree not to use the Sites: (i) in any way that violates apply applicable federal, state, local or international law or regulation; (ii) for the purpose of exploiting, harming or attempting to harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) to send, knowingly receive, upload, download, use or re-use any material that does not comply with the content standards set forth in these Terms of Use; (iv) to transmit or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation, (v) to impersonate or attempt to impersonate FroBabies, a FroBabies employee, another user or any other person or entity, including, without limitation by using email addresses or screen-names associated with the foregoing, (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by FroBabies , may harm FroBabies or users of the Sites or expose them to liability; (vii) in any manner that could disable, overburden, damage or impair the Sites; (viii) by means of any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring, scraping or copying any Content; (viv) by means of any manual process to monitor or copy any of the Content; (x) by means of any device, software or routine that interferes with the proper working of the Sites; (xi) to introduce any virus, Trojan horse, worm, logic bombs or other materials that are malicious in nature or technologically harmful (xii) in such a manner as to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites; (xiii) in the manner of an attack such as a denial of service attack or a distributed denial of service attack, or otherwise so as to attempt to interfere with the proper working of the Sites.

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

COMPANY AND ANY THIRD PARTIES MENTIONED ON THE SITES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITES AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). ANY CAUSE OF ACTION OR CLAIM YOU BELIEVE THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY AND FOREVER BARRED. Dispute Resolution. In the event of any dispute or claim relating to the Sites or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Fort Lauderdale, Florida, in accordance with Florida law and hereby waive any objection to such applicable law and venue.

13. REVISIONS; GENERAL

Frobabies reserves the right, in its sole discretion, to terminate your access to all or part of the Sites, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Frobabies and you pertaining to the subject matter hereof. In its sole discretion, Frobabies may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. The current version of these Terms of Use are in force as of the date just set forth above.

14. YOUR COMMENTS AND CONCERNS.

All feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: Our on-line contact form. Or Frobabies LLC P.O. Box 464927 Lawrenceville, A 30042 These terms and conditions of use (these “Terms of Use”) govern your use of the Frobabies LLC portfolio of websites, including frobabies.com, instagram.com/frobabies, twitter.com/frobabies, facebook.com/frobabeis, and also including any associated mobile web sites and mobile applications (collectively, the “Sites”). Your agreement and compliance with these Terms of Use is a condition to your use of the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THESE TERMS OF USE, YOU MAY NOT USE OUR SITES. Please also consult our Privacy Policy for a description of our privacy practices and policies, to which you are also deemed to consent by using the Sites. Please note that these Terms and Conditions may be revised and reissued without notice at anytime by updating this web page. You should visit this page regularly to review the Terms and Conditions as they may be updated or otherwise modified from time to time.
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