Acceptance of Terms
THIS AGREEMENT GOVERNS YOUR USE OF Frazoo'S SOFTWARE, WEBSITE, AND INFORMATION Frazoo Inc. ("Frazoo") offers free downloadable software that allows users to receive enhanced web features and search results in the form of but not limited to pop-up, pop-under or exit-pop HTML pages which will appear during your internet session, while browsing the Web. The pop-up advertisements will contain different forms of media including but not limited to graphical advertisements and paid search listing advertisements that are based on the context or interpreted meaning of the websites that you are visiting or may have visited in the past. Frazoo's software, (The Software), the information provided by Frazoo through its own website and from third parties, and any other Frazoo product or service is referred to collectively as the "Service."
Any person who wishes to use Frazoo's Service must agree to the terms and conditions of this Web site Terms of Use and End User License Agreement for Frazoo Software, which includes the Frazoo Privacy Policy (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is a binding agreement between you and Frazoo.
BY CLICKING "YES" OR DOWNLOADING OR INSTALLING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE Frazoo'S SERVICE.
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Changes to This Agreement
Frazoo collects personal information to help personalize your online experience. We use this information to determine which search listings and/or which advertisements to show you.
We also use user information to measure our success and performance. For example, aggregate information gives us an idea of the number of visitors we attract and how they navigate the site. By collecting information, we can also figure out the number of entries in Frazoo promotions.
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Children 13 and Under are Ineligible to Use Frazoo's Service
If you are thirteen years old or younger, you are prohibited from downloading, registering for, or using the Service. By using the Service, you warrant to Frazoo that you are above the age of thirteen. In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.
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Information Collected and Stored by Frazoo's Service
Frazoo does not collect any personally identifiable information on you. At times, Frazoo may collect and use certain types of non-personally identifiable information including but not limited to the websites you visit, the time spend on such websites, your responses to advertisements served by Frazoo and third parties, other software that you may have on your computer and the time spent using that software as well as the amount of time you spend online. NONE of the above data will ever include personally identifiable information such as your name, address, telephone number and any other type of information that allows you or other users that share your computer to be identified.
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Access to Frazoo's Service
To use the Service, you must provide all your own equipment to establish a connection to the Internet and provide for your own access, including paying any fees.
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Illegal, Unauthorized or Fraudulent Content or Activities
The Service may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations.
Frazoo has the right, but not the obligation, to monitor any activity, and content associated with the Service. Frazoo may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Service without notice.
Frazoo may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect Frazoo's systems and users, to ensure the integrity and operation of Frazoo's business and systems, or in response to subpoenas, court orders, or legal requirements, Frazoo may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By using the Service you expressly consent to the foregoing use and disclosure.
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Proprietary Rights
Intellectual Property and Copyright Infringement Notice The Service is controlled and operated by Frazoo, Inc. email: customerservice@Frazoo.com. The Service, and all materials on the Service including images, text, illustrations, logos, audio and video files (collectively "intellectual property"), are protected by copyrights,' trademarks, servicemarks, or other proprietary rights which are either owned by Frazoo, or owned by other parties who have licensed their intellectual property to Frazoo. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Service is the exclusive property of Frazoo and protected by U.S. and foreign laws and international copyright treaties. Material from the Service and from any other Service owned, operated, controlled, or licensed by Frazoo may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Frazoo's intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of Frazoo's copyrights and other proprietary rights and is strictly prohibited.
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Software License
The proprietary software associated with the Search Service which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Frazoo grants to you a personal, nonexclusive, nonassignable and nontransferable license to download, install and use the Software to and on a single computer and to use the Software solely to use the Service as permitted under this Agreement. All rights not expressly granted to you by the foregoing sentence are reserved by Frazoo. Without limiting the generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble the Software, except that you may make one copy of the Software for back-up purposes. You may not use the Software for any commercial purpose other than in connection with the Service and as permitted hereunder, and you may not transfer, sell, assign or convey it to another party without Frazoo's prior written consent.
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Indemnification
You agree to defend, indemnify, and hold harmless Frazoo and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Service by you, or by any other person using the Service through you or using your computer.
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Disclaimer of Warranty
YOU ACKNOWLEDGE THAT DOWNLOADING ANY SOFTWARE AVAILABLE ON THE INTERNET MAY INCLUDE INHERANT DANGERS, AND Frazoo CAUTIONS YOU AND WOULD LIKE TO MAKE SURE THAT YOU HAVE A FULL UNDERSTANDING OF THESE RISKS BEFORE DOWNLOADING ANY SOFWARE OFF OF THE INTERNET.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, Frazoo AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER Frazoo NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (II) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (V) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE SERVICE; (VI) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (VII) THAT THE SERVICE IS NONINFRINGING. Frazoo INTERNET AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE Frazoo AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF Frazoo OR ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED, ADDED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE ARE CONSIDERED UPDATES AND ARE DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE AND/OR CONTENT. YOU ACKNOWLEDGE THAT SUCH UPDATES MAY PROVIDE NEW FEATURES TO THE SERVICE, AS WELL AS UPLOADING BRAND NEW PROGRAMS CONVENIENTLY WITHOUT YOUR INPUT OR INTERACTION, INCLUDING BUT NOT LIMITED TO TOOLBARS, CONTEXTUAL SOFTWARE AND BEHAVIORAL SOFTWARE THAT DISPLAY A SERIES OF ADVERTISEMENTS IN A VARIETY OF FORMS. YOU ALSO ACKNOWLEDGE THAT SUCH SOFTWARE AND UPDATES TO SOFTWARE MAY WITHOUT FURTHER NOTICE TO YOU, REMOVE, DISABLE OR RENDER INOPERATIVE OTHER ADWARE OR SPYWARE PROGRAMS INCLUDING BUT NOT LIMITED TO COMPETING PRODUCTS OF Frazoo THAT RESIDE ON YOUR COMPUTER, INCLUDING SOFTWARE OR PROGRAMS THAT MAY BE BUNDLED WITH SUCH ADWARE OR SPYWARE.
SOME UPDATES AND INITIAL DOWNLOADS OF THE SERVICE MAY INCLUDE THIRD PARTY SOFTWARE THAT CONTAINS OTHER LICENSING AGREEMENTS OR ARRANGMENTS BETWEEN THE THIRD PARTY AND YOURSELF. THE THIRD PARY SOFTWARE, WHILE INCLUDED WITH THE SERVICE WHEN DOWNLOADED IS SUBJECT TO DIFFERENT LICENCING AGREEMENTS WHICH YOU SHOULD READ CAREFULLY. BY DOWNLOADING AND USING THE THIRD PARTY SOFTWARE YOU ARE ACCEPTING THAT THIRD PARTY'S LICENSING AGGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THEM. Frazoo DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY RESPONSIBILITY FOR OR LIABILITY ASSOCIATED OR RELATED TO THE THIRD PARTY SOFTWARE. THE THIRD PARY SOFTWARE IS PROVIDE "AS IS" AND "WITH ALL FAULTS". Frazoo MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SAFETY, SUITABILITY, USABILITY OR QUALITY OF THIRD PARY SOFTWARE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIES WARRENTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITED BY LAW, IN NO EVENT WILL Frazoo BE LIABLE FOR ANY DIRECT, INDERECT, PUNATIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE OF APPEAR EVEN IF Frazoo HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS Frazoo AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRONCIPALS OF CONFLICT OF LAWS. YOU CONSENT TO EXCLUSIVE JURISTICTION AND VENUE OF THE STATE OF NEW YORK AND THE COUNTY OF ERIE.
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Limitation of Liability
IN NO EVENT SHALL Frazoo OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
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