BlueFrog.com Website
Terms of Service
The following is a legal agreement between Blue Frog Internet, Inc., a New York
corporation with offices at 3500 Winton Place Suite 4, Rochester, NY 14623 "Blue
Frog", and "you," the user of this Site.
By accessing, browsing and/or using this Web site ("Site"), you acknowledge that
you have read, understand, and agree to be bound to these terms of service ("Terms")
and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS
WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE
READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please
do not use this Site.
Your Use of the Site
Blue Frog hereby grants you a limited license to copy and use the materials,
features, and services provided by Blue Frog on this Site (collectively the "Materials")
solely for your personal, non-commercial use, subject to these Terms. The design
and layout of the Site are specifically excluded from the Materials. No other
use of the Site or Materials is authorized. You agree that any copy of the Materials
(or any portion of the Materials) that you make shall retain all copyright and
other proprietary notices contained herein or therein. Framing of the Site or
Site Materials or posting of Materials on other Web Sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this Site
may be the subject of intellectual property rights reserved by Blue Frog or other
third parties. Except for the limited license granted above, nothing contained
herein shall be construed as conferring to you in any manner, whether by implication,
estoppel or otherwise, any license, title, or ownership of or to any intellectual
property right of Blue Frog or any third party.
Copyright Information
All of the Material available on the Site is copyright © 2000-2007, Blue Frog
Internet, Inc.
Trademarks
BlueFrog.com, Buddy, and the Blue Frog logo are service marks or registered
service marks of Blue Frog Internet, Inc. in the United States and other countries.
All rights reserved. Use of the Blue Frog trademarks as meta-tags for search
engines is strictly prohibited.
Acceptable Use Policy
Blue Frog has adopted the following Acceptable Use Policy in order to assure
that its electronic greetings are used in a lawful and appropriate manner. While
Blue Frog does not ordinarily monitor the content of users' greetings, it reserves
the right to investigate reports of misuse of its service and to protect its
property and assets. The following conduct is prohibited on the service:
- Sending harassing, abusive, or threatening messages.
- Sending obscene or pornographic messages or images.
- Sending defamatory or libelous messages.
- Sending viruses or other harmful, disruptive, or destructive files.
- Attempting to steal passwords or credit card information.
- Sending messages in furtherance of unlawful, criminal, or fraudulent activity.
- Attempting to conceal or misrepresent the identity of the sender.
Violations of the Blue Frog Acceptable Use Policy will not be tolerated and may
result in the sender being blocked from sending additional greetings on the service.
If the sender is a member of Blue Frog's Internet or Subscription service, Blue
Frog may disable the sender's account without compensation or refund. Blue Frog
RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING
GREETINGS RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT
INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER
NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST
AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY Blue
Frog TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE
VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU.
BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES. æ
Spam
You may not use this Site to send online greeting cards to mailing lists to which
you do not have full rights or to send unsolicited bulk or commercial messages.
In addition, the use of automated scripting-type programs that automate the process
of sending or viewing any of the Materials is strictly prohibited. Blue Frog
reserves the right to limit, in its sole discretion and without prior notice
to you, the number of cards or messages that you may send using the Site and/or
the number of recipients to which you send such cards or messages. You are solely
responsible for your actions and communications undertaken or transmitted using
this Site. Neither we nor our affiliates exercise editorial control over your
transmissions; however, we do reserve the right to review your uploads and transmissions
in order to ensure compliance with these Terms.
Links and Advertisements
Blue Frog may feature on its Site, in its newsletters, or in its e-mail communications
to you links to third-party web sites. These may appear in the form of text links,
advertisements, banners, buttons, integrated gift services, digital cash, digital
gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE
LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY
WITH Blue Frog INTERNET, INC.. Blue Frog MAKES NO REPRESENTATIONS AS TO THE QUALITY,
FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE
AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. Blue Frog
WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT
OF TRANSACTIONS WITH ANY Blue Frog ADVERTISER. USERS ARE ADVISED TO USE DISCRETION
IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE. There may be circumstances
where access to this Site is provided by a link located at another Web site.
Neither Blue Frog nor its affiliates makes any representations or give any warranties
with respect to any information contained in or at these other sites and neither
Blue Frog nor its affiliates shall be liable for any damages or injury arising
from the content of these other sites. Neither Blue Frog nor its affiliates endorses
the individuals, companies, or other similar entities, or any products or materials
associated with such individuals, companies, or other similar entities, that
provide a link to this Site.
Creating Your Own Greetings and Photos and/or Images
Blue Frog may allow you to create your own greetings by uploading your own photos,
artwork and other materials. If Blue Frog does and you do so, you are subject
to the conditions outlined in these Terms. When you upload photos and/or images
to the Site you are indicating that you own the photo and/or image and/or have
full rights to its use.
When you upload material to the Site and use it to create a greeting, your material
will be used for the transmission of your digital greeting; however, Blue Frog
may also use such material in the course of performing testing, training and/or
archiving of Blue FrogÍs and Blue FrogÍs affiliates' systems and hereby expressly
reserve the right to do so. æ
Contests
From time to time, Blue Frog may sponsor contests and sweepstakes on its Web
Sites. Participation in such contests is entirely voluntary. Blue Frog does not
condition access to any goods or services it offers on participation in any contest.
If you elect to enter any such contest, your participation shall be governed
exclusively by the contest rules available through the entry forms or in these
Terms of Service. You agree to strictly abide by any and all contest rules. Any
personally identifiable information you provide in conjunction with any contest
shall become the property of Blue Frog and you hereby consent to receive special
promotions and offers from Blue Frog and its advertisers, consistent with our
Privacy Policy. In the event that you are awarded any prizes or other consideration,
you give Blue Frog permission to use your name, likeness, portrait, recorded
voice, and biographical information to advertise, publicize, or promote Blue
Frog, its products and services, and no additional consideration shall be paid
for such rights. æ
Warranty Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY
MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA,
TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS
OF THEM)) OR AGAINST INFRINGEMENT. Blue Frog INTERNET, INC. IS NOT RESPONSIBLE
FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR
INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE
SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER Blue Frog NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY
AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING
IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR
FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF Blue Frog
INTERNET, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO,
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION,
AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH
HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE
THAT BlueFrog.com AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY
SUMS PAID PURSUANT THIS AGREEMENT. NEITHER Blue Frog NOR ITS AFFILIATES TAKES
ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE
TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER,
LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT,
THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO
HOLD HARMLESS Blue Frog AND ITS AFFILIATES AND PARTIES WITH WHOM Blue Frog HAS
CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED
UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
International Use
Neither Blue Frog nor its affiliates make any representation that Materials on
this Site are appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are illegal
is prohibited. Those who choose to access this Site from other locations do so
on their own initiative and are responsible for compliance with local laws.
Indemnification
You hereby indemnify, defend and hold harmless Blue Frog and its affiliates,
and all officers, directors, owners, agents, content providers, licensors and
licensees (collectively, the "Indemnified Parties") from and against any and
all liability and costs, including, without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you or any user of your account of this Agreement. You shall
cooperate as fully as reasonably required in defense of any such claim. Blue
Frog reserves the right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
Enforcement by Blue Frog Internet, Inc.
In the event Blue Frog determines, in its sole discretion, that you have violated
these Terms, Blue Frog shall have the right to immediately terminate your account
(if applicable) (with or without refund), refuse membership, or block the sending
or receipt of greetings from our Site, and/or pursue any other remedies available
to it under applicable law.
Governing Law
This Agreement, and the respective rights and obligations of the parties hereto,
shall be governed by and construed in accordance with the laws of the State of
New York. Any dispute arising between you and Blue Frog Internet, Inc. will be
submitted to binding arbitration in Rochester, New York in accordance with the
American Arbitration Association's standard rules then in effect for arbitration
of commercial disputes.
Updates to Terms
Blue Frog shall have the right to revise these Terms at any time by updating
this posting. By using this Site, you agree to be bound by any such revisions
and should therefore periodically visit this Site to determine the then-current
Terms to which you are bound.
Privacy Policy
The terms of our privacy policy can be found by clicking
here.
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© Copyright
2006 - 2008 Blue Frog Internet, Inc.
All rights reserved.
All content of this web site is proprietary.
P.O.Box
23090 • Rochester, NY 14692 • Ph: 1-866-BLUEFROG • Fax:
(585) 627-1040
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