Access. You can access and use the Oceanfrogs Service from any computer or a personal mobile device if you have downloaded the Oceanfrogs App. In creating an account for the Oceanfrogs Service you agree to keep your password secure and confidential; not permit any one to use your account or use another user’s accounts.
2. Subscription Models. The default subscription to the Oceanfrogs Service is a paid account which provides access to certain features and functionality indicated on the Website. At any time during the term of your subscription you may upgrade to a different subscription package after payment of the applicable fees as laid out in the Oceanfrogs Purchase Order. Fees are non-refundable. You are not permitted to sell or transfer your subscription or account to a third party.
3. Pricing and Payments
The following pricing and payment terms are applicable to the Oceanfrogs Service and any Oceanfrogs Purchase Order:
4. User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not us, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Oceanfrogs Service. We do not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. You have the ability through Oceanfrogs to create private notes that are visible only to you about your contacts but any information which is public about a contact may be visible to other users. Under no circumstances will we be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials (especially information derived from public sources) or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Oceanfrogs Service.
5. Messaging Features. Through Oceanfrogs you will receive recommendations for articles or news topics that may be of interest to your contacts. If you wish to send a “Oceanfrogs’ to a contact with an article attachment, you may use the messaging features of Oceanfrogs to create a template draft message which will be populated in your messaging client of choice (eg., Twitter, Linkedin, etc.) based on the identities you have of your contacts. You can then choose to modify or send the message ‘as is’ to the intended recipient. In using the messaging features of Oceanfrogs, you acknowledge and agree that you are solely responsible for the content of your message and for ensuring you have appropriate consents to send such messages to your contacts. You acknowledge that there is no guarantee that the recipient of a message will welcome that message and it is your obligation to ensure that when you send messages they must be compliant with applicable anti-spam laws and it is your obligation to know the law and comply with it and if your contacts do not wish to receive future communications from you through Oceanfrogs.
In using Oceanfrogs You shall not:1.copy any content unless expressly permitted to do so herein; 2.upload, post, email, transmit or otherwise make available any content or material that:
7. License of Content. By submitting, posting or displaying User Content on or through the Oceanfrogs Service, you grant us (and our agents) a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to store and use such User Content in order to provide the Oceanfrogs Service and a perpetual irrevocable right to analyze use and commercialize aggregated non-personal information about use of the Oceanfrogs Service. This license may include certain Customer Data as defined in Section 8 below, whose use shall be governed in accordance with that section. We will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. Pursuant to this license, we may grant other users access to certain content and information in accordance with this Agreement, your settings and degree of connection with them.
8. Customer Data. Customer Data means all electronic data or information submitted by you and / or your users (the “Customer”) to the Oceanfrogs Service and may include User Content. As between Oceanfrogs and Customer, Customer exclusively owns all rights, title and interest in and to all Customer Data. Customer Data is deemed Customer’s Confidential Information under this Agreement as defined below. Oceanfrogs shall not access Customer Data, including User Content, except as provided for generally in these Terms. Oceanfrogs may access Customer Data to respond to service or technical problems or at Customer’s request or as necessary for the operation of the Service or billing. Customer hereby grants Oceanfrogs a non-exclusive license for the Term (and for thirty (30) days thereafter) to use and otherwise exploit the Customer Data as reasonably required to provide the Oceanfrogs Service. The forgoing license shall include the right for Oceanfrogs to use and copy the Customer Data for the purpose of creating aggregated and anonymized statistical analytics in respect to Oceanfrogs Service use and other service and user parameters and characteristics (“Aggregated Statistics”), provided that the license in respect to Aggregate Statistics shall be perpetual, irrevocable and unlimited.
10. End User License. Except for User Content and Customer Data, the Oceanfrogs App, this Website, and the information and materials that it contains or incorporates by reference, are the property of Oceanfrogs Software Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, we grant you a non-transferable, non-exclusive, license to (a) use Oceanfrogs for your own use, and (b) download, install and use one copy of the Oceanfrogs App on a mobile device that you own or control for your use (the “License”). The Oceanfrogs App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Oceanfrogs names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions contained in Oceanfrogs. Any future release, update, or other addition to functionality of the Oceanfrogs Service or Oceanfrogs App shall be subject to the terms of these Terms.
11. Feedback. If You provide us with any suggestions, comments or other feedback relating to any aspect of Oceanfrogs (“Feedback”), we may use such Feedback in the Website, the Oceanfrogs Service, Oceanfrogs App or in any other products or services we offer or may offer (collectively, “Oceanfrogs Offerings”). Accordingly, You agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to us, (c) we (including all of its successors and assigns and any successors and assigns of any of the Oceanfrogs Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Oceanfrogs Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from us or any of the other users of the Website in respect of the Feedback.
12. Advertising. You acknowledge and agree that Oceanfrogs may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that we will not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
13. Links & Third-Party Websites. The Oceanfrogs Service may contain recommendations and links to other websites (eg. articles that might be of interest to your contacts). These websites are not owned or controlled by us. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by us of that third party, third party product or service. We are also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that we endorse or accept any responsibility for the content or use of such websites, and You hereby release us from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
14. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, Oceanfrogs SERVICE, Oceanfrogs APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OCEANFROGS IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE OCEANFROGS SERVICE.
15. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE OCEANFROGS, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE OCEANFROGS SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR OCEANFROGS APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
18.Availability & Updates. We may alter, suspend, or discontinue the Oceanfrogs Service if required to by law or due to unforeseeable forecasts. Where possible we will endeavor to give you advance notice of the same. The Website, Oceanfrogs Service and/or the Oceanfrogs App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on Oceanfrogs without notice.
19.Security. Information sent or received over the Internet is generally unsecure and Oceanfrogs cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Oceanfrogs Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Oceanfrogs App, our Website or the Oceanfrogs Service, please contact us at firstname.lastname@example.org