Terms of Use

Acceptance of Terms

This website is owned and operated by frog, and its affiliates and subsidiaries (frog). frog offers this site, including all information, tools and services to you conditioned upon your acceptance of the Terms of Use and the terms and conditions of any policies and notices in the website. Please read the following Terms of Use carefully before using this Website - by using the site, you agree to these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use the frog website. These Terms of Use apply only to your use of the Website and do not apply to any other Website or any frog product or service, nor change any other agreement that may exist between you and frog. frog reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the website following the posting of any changes to the Terms of Use constitutes your acceptance of such changes.

Accuracy and Completeness of Information

frog is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Your Use of the Site

All content on this site (including but not limited to , code and software, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces) is the exclusive property of and owned by frog, its licensors, and/or its content providers, and is protected by copyright, trademark and other applicable laws worldwide.

You may access, download, store, display on your computer, view, listen to, copy, and print the materials and content that frog publishes or broadcasts on this site or makes available for download through the site for your personal, informational and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice appearing on the material you access, copy, download or print, and further provided that you do not distribute or transfer such materials and content. Any other use of content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services or portions thereof obtained from the site, is expressly prohibited. frog, its licensors and/or content providers currently retain and shall retain full and complete ownership and title in and to the materials provided on this site, including all intellectual property rights thereto, and provide this material to you under a license that is revocable at any time in frog's sole discretion. frog neither warrants nor represents that your use of materials on this site will not infringe the rights of third parties.

As a condition of your use of the site, you will not use the site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via this website, including but not limited to the legality, reliability, appropriateness, originality and copyright ownership of any such materials or content. You may not upload to, distribute or otherwise publish through this site any materials or content that: (i) are false; fraudulent; libelous; defamatory; abusive; obscene; threatening; or otherwise objectionable; confidential; infringing or invasive of privacy or publicity rights; infringing on intellectual property rights; abusive, and/or illegal; (ii) may constitute or incite a criminal offense; violate the rights of any party; or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, worms r any other form of malware; political campaigning; or chain letters; mass mailings; or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any materials or content. You may not upload commercial content onto the site.

If you do submit materials and content, and unless we expressly indicate otherwise, you hereby grant frog an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that frog is free to use any ideas, information, concepts, and/or know-how that you or anyone acting on your behalf provide to frog. You grant frog the right to use the name you submit in connection with such materials or content, if frog elects to do so. All personal information provided via this site will be handled in accordance with the site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the materials and content you post; that the materials and/or content are accurate; that use of the materials and/or content you post or provide do not violate any provisions of the Terms of Use and will not cause injury to any individual or entity; and that you will indemnify frog for all claims resulting from materials and content you post or provide.

Disclaimers

EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL MATERIALS AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. FROG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON INFRINGEMENT. FROG MAKES NO WARRANTY THAT THE SITE, MATERIALS AND CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS, OR THAT THE QUALITY OF ANY MATERIALS OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

IF YOU DOWNLOAD ANY MATERIAL OR CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR CONTENT.

Limitation of Liability

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FROG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR SOFTWARE FAILURE OR MALFUNCTION.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FROG NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FROG IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND FROG HEREBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Exclusion of Limitations

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, AND NOTWITHSTANDING THAT ANY DISCLAIMER, EXCLUSION, OR LIMITATION OF LIABLITY MAY NOT APPLY TO YOU, ALL OTHER PROVISIONS OF THIS TERMS OF USE SHALL APPLY, AND REMAIN IN FULL FORCE AND EFFECT.

Indemnification

You agree to defend, indemnify and hold frog harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from and related to your use of the site.

Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in this site (Graphics) are the exclusive property of frog. Except as otherwise expressly authorized in the Terms of Use, the Graphics may not be copied, published, distributed, displayed, reproduced, or transmitted, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of frog.

Trademarks

This website features logos, brand identities and other trademarks and service marks (the "Marks") that are the property of, or are licensed to frog, its licensors, and/or content providers. All Marks are the property of their respective owners. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this site without written permission of frog or any third party that may own a Mark displayed on the site. frog reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Links to Third Party Sites

As a convenience to visitors and users, this website may link to other sites owned and operated by third parties and not owned or maintained by frog. However, even if such third parties are affiliated with frog, frog has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of frog. frog is not and shall not be responsible for the materials or content of any linked sites and does not make any representations regarding the content or accuracy of materials or content on such sites. Accessing and using such third party sites is entirely at your own risk.

Privacy Policy

frog respects your Privacy, and has developed a policy to address privacy concerns. For more information, please see frog's Privacy Policy. Any personal information collected on this site will be treated in accordance with frog's Privacy Policy.

Minors' Use of the Site.

Minors (individuals under 13 years of age) are not eligible or authorized to view or use the site, and we ask that they do not submit any information, content or materials to us.

Cautionary Language Regarding Forward-Looking Statements

This website may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Any such forward-looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from frog's historical experience and our present expectations or projections. frog undertakes no obligation to publicly update or revise any forward-looking statements.

Jurisdiction

These Terms of Use are governed and interpreted under the laws of the State of New York, United States of America, without regard to its choice of law provisions. By using this site you consent to the jurisdiction of the federal and state courts located in New York for any action or claim arising from or relating to these Terms of Use. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that portion shall be deemed to be severable and shall be construed in accordance with applicable law. Such portion will not affect the validity and enforceability of any remaining provisions or terms. frog's failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver of the Terms of Use and shall not limit frog's rights with respect to such breach or any subsequent breaches.

Export Restrictions/Legal Compliance

You may not access, download, use or export the site, or the materials and content provided on or through the site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of frog in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of frog outside the U.S. Neither the services of frog nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into: (a) Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawful permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Contact Information

If you have any questions regarding these Terms of Use, please contact frog at info@frogdesign.com If you have any other questions, contact information is available at frogdesign.com/contact. These Terms of Use were last updated on May 13, 2011