These Terms of Service (\"Terms<\/strong>\") govern your\r\n\taccess to and use of the services and Frengly\u2019s websites (the \"Services<\/strong>\"),\r\n\tand any information, text, graphics, or other materials uploaded,\r\n\tdownloaded or appearing on the Services (collectively referred to as\r\n\t\"Content<\/strong>\"). Your access to and use of the Services\r\n\tis conditioned on your acceptance of and compliance with these Terms.\r\n\tBy accessing or using the Services you agree to be bound by these\r\n\tTerms.<\/p>\r\n\r\n\t You are responsible for your use of the Services, for any\r\n\tcontent you post to the Services, and for any consequences thereof.\r\n\tThe Content you submit, post, or display will be able to be viewed by\r\n\tother users of the Services and through third party services and\r\n\twebsites. You should only provide Content that you are comfortable sharing with others under\r\n\tthese Terms.<\/p>\r\n\r\n\t Tip<\/span> What you say on\r\n\tFrengly may be viewed all around the world instantly.<\/p>\r\n\r\n\t You may use the Services only if you can form a binding\r\n\tcontract with Frengly and are not a person barred from receiving\r\n\tservices under the laws of the United States or other applicable\r\n\tjurisdiction. You may use the Services only in compliance with these\r\n\tTerms and all applicable local, state, national, and international\r\n\tlaws, rules and regulations.<\/p>\r\n\r\n\t The Services that Frengly provides are always evolving and the\r\n\tform and nature of the Services that Frengly provides may change from\r\n\ttime to time without prior notice to you. In addition, Frengly may\r\n\tstop (permanently or temporarily) providing the Services (or any\r\n\tfeatures within the Services) to you or to users generally and may\r\n\tnot be able to provide you with prior notice. We also retain the\r\n\tright to create limits on use and storage at our sole discretion at\r\n\tany time without prior notice to you.<\/p>\r\n\r\n\t The Services may include advertisements, which may be targeted\r\n\tto the Content or information on the Services, queries made through\r\n\tthe Services, or other information. The types and extent of\r\n\tadvertising by Frengly on the Services are subject to change. In\r\n\tconsideration for Frengly granting you access to and use of the\r\n\tServices, you agree that Frengly and its third party providers and\r\n\tpartners may place such advertising on the Services or in connection\r\n\twith the display of Content or information from the Services whether\r\n\tsubmitted by you or others.<\/p>\r\n\r\n\t Tip<\/span> We're leaving the\r\n\tdoor open for exploration in this area but we don't have anything to\r\n\tannounce.<\/p>\r\n\r\n\t Any information that you provide to Frengly is subject to our\r\n\tPrivacy Policy, which governs our collection and use of your information. You understand\r\n\tthat through your use of the Services you consent to the collection\r\n\tand use (as set forth in the Privacy Policy) of this information,\r\n\tincluding the transfer of this information to the United States\r\n\tand\/or other countries for storage, processing and use by Frengly. As\r\n\tpart of providing you the Services, we may need to provide you with\r\n\tcertain communications, such as service announcements and\r\n\tadministrative messages. These communications are considered part of\r\n\tthe Services and your Frengly account, which you may not be able to\r\n\topt-out from receiving.<\/p>\r\n\r\n\t Tip<\/span> You can opt-out of\r\n\tmost communications from Frengly including our newsletter, new\r\n\tfollower emails, etc. Please see the Notices tab of Settings for\r\n\tmore.<\/p>\r\n\r\n\t You are responsible for safeguarding the password that you use\r\n\tto access the Services and for any activities or actions under your\r\n\tpassword. We encourage you to use \"strong\" passwords (passwords that\r\n\tuse a combination of upper and lower case letters, numbers and\r\n\tsymbols) with your account. Frengly cannot and will not be liable for\r\n\tany loss or damage arising from your failure to comply with the above\r\n\trequirements.<\/p>\r\n\r\n\t All Content, whether publicly posted or privately transmitted,\r\n\tis the sole responsibility of the person who originated such Content.\r\n\tWe may not monitor or control the Content posted via the Services\r\n\tand, we cannot take responsibility for such Content. Any use or\r\n\treliance on any Content or materials posted via the Services or\r\n\tobtained by you through the Services is at your own risk.<\/p>\r\n\r\n\t We do not endorse, support, represent or guarantee the\r\n\tcompleteness, truthfulness, accuracy, or reliability of any Content\r\n\tor communications posted via the Services or endorse any opinions\r\n\texpressed via the Services. You understand that by using the\r\n\tServices, you may be exposed to Content that might be offensive,\r\n\tharmful, inaccurate or otherwise inappropriate, or in some cases,\r\n\tpostings that have been mislabeled or are otherwise deceptive. Under\r\n\tno circumstances will Frengly be liable in any way for any Content,\r\n\tincluding, but not limited to, any errors or omissions in any\r\n\tContent, or any loss or damage of any kind incurred as a result of\r\n\tthe use of any Content posted, emailed, transmitted or otherwise made\r\n\tavailable via the Services or broadcast elsewhere.<\/p>\r\n\r\n\t You retain your rights to any Content you submit, post or\r\n\tdisplay on or through the Services. By submitting, posting or\r\n\tdisplaying Content on or through the Services, you grant us a\r\n\tworldwide, non-exclusive, royalty-free license (with the right to\r\n\tsublicense) to use, copy, reproduce, process, adapt, modify, publish,\r\n\ttransmit, display and distribute such Content in any and all media or\r\n\tdistribution methods (now known or later developed).<\/p>\r\n\r\n\t Tip<\/span> This license is you\r\n\tauthorizing us to make your translations available to the rest of the world\r\n\tand to let others do the same.<\/p>\r\n\r\n\t You agree that this license includes the right for Frengly to\r\n\tmake such Content available to other companies, organizations or\r\n\tindividuals who partner with Frengly for the syndication, broadcast,\r\n\tdistribution or publication of such Content on other media and\r\n\tservices, subject to our terms and conditions for such Content use.<\/p>\r\n\r\n\t Tip<\/span> Frengly has an\r\n\tevolving set of rules for how API developers can interact with your content. \r\n\tThese rules exist to enable an open ecosystem with your rights in mind.<\/p>\r\n\r\n\t Such additional uses by Frengly, or other companies,\r\n\torganizations or individuals who partner with Frengly, may be made\r\n\twith no compensation paid to you with respect to the Content that you\r\n\tsubmit, post, transmit or otherwise make available through the\r\n\tServices.<\/p>\r\n\r\n\t We may modify or adapt your Content in order to transmit,\r\n\tdisplay or distribute it over computer networks and in various media\r\n\tand\/or make changes to your Content as are necessary to conform and\r\n\tadapt that Content to any requirements or limitations of any\r\n\tnetworks, devices, services or media.<\/p>\r\n\r\n\t You are responsible for your use of the Services, for any\r\n\tContent you provide, and for any consequences thereof, including the\r\n\tuse of your Content by other users and our third party partners. You\r\n\tunderstand that your Content may be rebroadcasted by our partners and\r\n\tif you do not have the right to submit Content for such use, it may\r\n\tsubject you to liability. Frengly will not be responsible or liable\r\n\tfor any use of your Content by Frengly in accordance with these\r\n\tTerms. You represent and warrant that you have all the rights, power\r\n\tand authority necessary to grant the rights granted herein to any\r\n\tContent that you submit.<\/p>\r\n\r\n\t Frengly gives you a personal, worldwide, royalty-free,\r\n\tnon-assignable and non-exclusive license to use the software that is\r\n\tprovided to you by Frengly as part of the Services. This license is\r\n\tfor the sole purpose of enabling you to use and enjoy the benefit of\r\n\tthe Services as provided by Frengly, in the manner permitted by these\r\n\tTerms.<\/p>\r\n\r\n\t All right, title, and interest in and to the Services\r\n\t(excluding Content provided by users) are and will remain the\r\n\texclusive property of Frengly and its licensors. The Services are\r\n\tprotected by copyright, trademark, and other laws of both the United\r\n\tStates and foreign countries. Nothing in the Terms gives you a right\r\n\tto use the Frengly name or any of the Frengly trademarks, logos,\r\n\tdomain names, and other distinctive brand features. Any feedback,\r\n\tcomments, or suggestions you may provide regarding Frengly, or the\r\n\tServices is entirely voluntary and we will be free to use such\r\n\tfeedback, comments or suggestions as we see fit and without any\r\n\tobligation to you.<\/p>\r\n\r\n\t We reserve the right at all times (but will not have an\r\n\tobligation) to remove or refuse to distribute any Content on the\r\n\tServices and to terminate users or reclaim usernames. We also reserve \r\n\tthe right to access, read, preserve, and disclose any information as we reasonably believe is\r\n\tnecessary to (i) satisfy any applicable law, regulation, legal\r\n\tprocess or governmental request, (ii) enforce the Terms, including\r\n\tinvestigation of potential violations hereof, (iii) detect, prevent,\r\n\tor otherwise address fraud, security or technical issues, (iv)\r\n\trespond to user support requests, or (v) protect the rights, property\r\n\tor safety of Frengly, its users and the public.<\/p>\r\n\r\n\t Tip<\/span> Frengly does not\r\n\tdisclose personally identifying information to third parties except\r\n\tin accordance with our Privacy Policy.<\/p>\r\n\t\r\n\t You may not do any of the following while accessing or using\r\n\tthe Services: (i) access, tamper with, or use non-public areas of the\r\n\tServices, Frengly\u2019s computer systems, or the technical delivery\r\n\tsystems of Frengly\u2019s providers; (ii) probe, scan, or test the\r\n\tvulnerability of any system or network or breach or circumvent any\r\n\tsecurity or authentication measures; (iii) access or search or\r\n\tattempt to access or search the Services by any means (automated or\r\n\totherwise) other than through our currently available, published\r\n\tinterfaces that are provided by Frengly (and only pursuant to those\r\n\tterms and conditions), unless you have been specifically allowed to\r\n\tdo so in a separate agreement with Frengly (NOTE: crawling the\r\n\tServices is permissible if done in accordance with the provisions of\r\n\tthe robots.txt file, however, scraping the Services without the prior\r\n\tconsent of Frengly is expressly prohibited); (iv) forge any TCP\/IP\r\n\tpacket header or any part of the header information in any email or\r\n\tposting, or in any way use the Services to send altered, deceptive or\r\n\tfalse source-identifying information; or (v) interfere with, or\r\n\tdisrupt, (or attempt to do so), the access of any user, host or\r\n\tnetwork, including, without limitation, sending a virus, overloading,\r\n\tflooding, spamming, mail-bombing the Services, or by scripting the\r\n\tcreation of Content in such a manner as to interfere with or create\r\n\tan undue burden on the Services.<\/p>\r\n\r\n\t Frengly respects the intellectual property rights of others\r\n\tand expects users of the Services to do the same. We will respond to\r\n\tnotices of alleged copyright infringement that comply with applicable\r\n\tlaw and are properly provided to us. If you believe that your Content\r\n\thas been copied in a way that constitutes copyright infringement,\r\n\tplease provide us with the following information: (i) a physical or\r\n\telectronic signature of the copyright owner or a person authorized to\r\n\tact on their behalf; (ii) identification of the copyrighted work\r\n\tclaimed to have been infringed; (iii) identification of the material\r\n\tthat is claimed to be infringing or to be the subject of infringing\r\n\tactivity and that is to be removed or access to which is to be\r\n\tdisabled, and information reasonably sufficient to permit us to\r\n\tlocate the material; (iv) your contact information, including your\r\n\taddress, telephone number, and an email address; (v) a statement by\r\n\tyou that you have a good faith belief that use of the material in the\r\n\tmanner complained of is not authorized by the copyright owner, its\r\n\tagent, or the law; and (vi) a statement that the information in the\r\n\tnotification is accurate, and, under penalty of perjury, that you are\r\n\tauthorized to act on behalf of the copyright owner.<\/p>\r\n\r\n\t We reserve the right to remove Content alleged to be\r\n\tinfringing without prior notice and at our sole discretion. In\r\n\tappropriate circumstances, Frengly will also terminate a user\u2019s\r\n\taccount if the user is determined to be a repeat infringer. Our\r\n\tdesignated copyright agent for notice of alleged copyright\r\n\tinfringement appearing on the Services is:<\/p>\r\n\r\n\t Your access to and use of the Services or any Content is at\r\n\tyour own risk. You understand and agree that the Services is provided\r\n\tto you on an \"AS IS\" and \"AS AVAILABLE\" basis. Without limiting the\r\n\tforegoing, FRENGLY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS\r\n\tOR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR\r\n\tNON-INFRINGEMENT. We make no warranty and disclaim all responsibility\r\n\tand liability for the completeness, accuracy, availability,\r\n\ttimeliness, security or reliability of the Services or any content\r\n\tthereon. Frengly will not be responsible or liable for any harm to\r\n\tyour computer system, loss of data, or other harm that results from\r\n\tyour access to or use of the Services, or any Content. You also agree\r\n\tthat Frengly has no responsibility or liability for the deletion of,\r\n\tor the failure to store or to transmit, any Content and other\r\n\tcommunications maintained by the Services. We make no warranty that\r\n\tthe Services will meet your requirements or be available on an\r\n\tuninterrupted, secure, or error-free basis. No advice or information,\r\n\twhether oral or written, obtained from Frengly or through the\r\n\tServices, will create any warranty not expressly made herein.<\/p>\r\n\r\n\t The Services may contain links to third-party websites or\r\n\tresources. You acknowledge and agree that we are not responsible or\r\n\tliable for: (i) the availability or accuracy of such websites or\r\n\tresources; or (ii) the content, products, or services on or available\r\n\tfrom such websites or resources. Links to such websites or resources\r\n\tdo not imply any endorsement by Frengly of such websites or resources\r\n\tor the content, products, or services available from such websites or\r\n\tresources. You acknowledge sole responsibility for and assume all\r\n\trisk arising from your use of any such websites or resources.<\/p>\r\n\r\n\t TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRENGLY AND\r\n\tITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS\r\n\tAND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,\r\n\tINCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING\r\n\tWITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER\r\n\tINTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR\r\n\tINABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT\r\n\tOF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY\r\n\tDEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD\r\n\tPARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv)\r\n\tUNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR\r\n\tCONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING\r\n\tNEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FRENGLY HAS\r\n\tBEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY\r\n\tSET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.<\/p>\r\n\r\n\t Some jurisdictions do not allow the exclusion of certain\r\n\twarranties or the exclusion or limitation of liability for\r\n\tconsequential or incidental damages, so the limitations above may not\r\n\tapply to you.<\/p>\r\n\r\n\t The failure of Frengly to enforce any right or provision of\r\n\tthese Terms will not be deemed a waiver of such right or provision.\r\n\tIn the event that any provision of these Terms is held to be invalid\r\n\tor unenforceable, the remaining provisions of these Terms will remain\r\n\tin full force and effect.<\/p>\r\n\r\n\t These Terms and any action related thereto will be governed by\r\n\tthe laws of the State of California without regard to or application\r\n\tof its conflict of law provisions or your state or country of\r\n\tresidence. All claims, legal proceedings or litigation arising in\r\n\tconnection with the Services will be brought solely in San Francisco\r\n\tCounty, California, and you consent to the jurisdiction of and venue\r\n\tin such courts and waive any objection as to inconvenient forum. If\r\n\tyou are accepting these Terms on behalf of a United States federal\r\n\tgovernment entity that is legally unable to accept the controlling\r\n\tlaw, jurisdiction or venue clauses above, then those clauses do not\r\n\tapply to you but instead these Terms and any action related thereto\r\n\twill be will be governed by the laws of the United States of America\r\n\t(without reference to conflict of laws) and, in the absence of\r\n\tfederal law and to the extent permitted under federal law, the laws\r\n\tof the State of California (excluding choice of law).<\/p>\r\n\r\n\t These Terms, the Frengly Rules and our Privacy Policy are the\r\n\tentire and exclusive agreement between Frengly and you regarding the\r\n\tServices (excluding any services for which you have a separate\r\n\tagreement with Frengly that is explicitly in addition or in place of\r\n\tthese Terms), and these Terms supersede and replace any prior\r\n\tagreements between Frengly and you regarding the Services.<\/p>\r\n\r\n\t We may revise these Terms from time to time, the most current\r\n\tversion will always be at frengly.com<\/a>.\r\n\tIf the revision, in our sole discretion, is material we will notify\r\n\tyou via an @Frengly update or e-mail to the email associated with\r\n\tyour account. By continuing to access or use the Services after those\r\n\trevisions become effective, you agree to be bound by the revised\r\n\tTerms.<\/p>\r\n\r\n\t These Services are operated and provided by Frengly.com. If you have any\r\n\tquestions about these Terms, please contact us<\/a>.<\/p>\r\n\r\n\t Effective: September 18, 2008<\/em>Basic Terms<\/h3>\r\n\r\n\t
Privacy<\/h3>\r\n\r\n\t
Passwords<\/h3>\r\n\r\n\t
Content on the Services<\/h3>\r\n\r\n\t
Your Rights<\/h3>\r\n\r\n\t
Frengly Rights<\/h3>\r\n\r\n\t
Restrictions on Content and Use of the Services<\/h3>\r\n\r\n\t
Copyright Policy<\/h3>\r\n\r\n\t
\t\t\t\r\n\tEmail: info@frengly.com<\/a><\/address>\r\n\r\n\tThe Services are Available \"AS-IS\"<\/h3>\r\n\t
Links<\/h3>\r\n\t
Limitation of Liability<\/h3>\r\n\t
Exclusions<\/h3>\r\n\r\n\t
Waiver and Severability<\/h3>\r\n\t
Controlling Law and Jurisdiction<\/h3>\r\n\t
Entire Agreement<\/h3>\r\n\t
"}