End-User License Agreement
FRoSP requires that you accept the following End-User License Agreement before installation can proceed:
FRoSP ("FRoSP", "us", or "we") provides in connection with the FroSP extension (the "extension") and the FroSP website, located at www.frosp.com, and all subdirectories or subextensions thereof (collectively, the "FRoSP Website") services that allow the user ("you") to comment the Internet, discuss websites that may be of interest to them and interact with other individuals:
The services offered by us include the FRoSP Services, the FRoSP Website, and any other features, content, or, applications offered from time to time by us in connection with the FRoSP Services and Website (collectively, the "Services").
In order to participate in our FRoSP Services, you have to download the extension.
1. Accepting the Terms
1.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
1.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by FRoSP in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that FRoSP will treat your use of the Services as acceptance of the Terms from that point onwards.
1.3 You may not use the Services and may not accept the Terms if:
(A) you are not of legal age to form a binding contract with FRoSP, or
(B) you are a person barred from receiving the Services under the laws of the Germany or other countries including the country in which you are resident or from which you use the Services.
1.4 Before you continue, you should print off or save a local copy of the Terms for your records.
2. Provision of the Services by FroSP
2.1 FRoSP is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which FRoSP provides may change from time to time without prior notice to you.
2.2 As part of this continuing innovation, you acknowledge and agree that FRoSO may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at FRoSP's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform FRoSP when you stop using the Services.
3. Use of the Services by you
3.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services.
3.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.3 Unless you have been specifically permitted to do so in a separate agreement with FRoSP, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.4 You agree that you are solely responsible for (and that FRoSP has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FRoSP may suffer) of any such breach.
4. Your passwords and account security
4.1 When you sign up to become a FRoSP Member, you will also be asked to choose a username for your FRoSP account, and FRoSP will assign a password that you may change.
4.2 You agree and understand that you are entirely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
4.3 Accordingly, you agree that you will be solely responsible to FRoSP for all activities that occur under your account.
5. User Responsibility and User-Posted Content
5.1 You are solely responsible for your use of the Site and Services. Because FRoSP merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of FRoSP, and FRoSP makes no claim of accuracy of any user-posted material. FRoSP allows for the posting of user comments, and may include links to third-party websites. These comments, and any linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any user comments, linked website or any link contained in a linked website. The inclusion of user comments and/or links on the Site or Services does not imply any endorsement by or any affiliation with FRoSP. In accessing the Site and Services, reading user comments, answering to user comments, or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
5.2 By posting content, you are granting permission to us and others to access and use it in connection with the Services, the Site and otherwise in connection with our business. FRoSP does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links does not create an attorney-client relationship. The license agreements and all related information are provided on an "as is" basis. FroSP is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access.
By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. Additionally, by posting any Content on the Services and making your Content available to others ("Third Parties") via RSS distribution, you hereby grant to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to copy, display, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services.
5.3 The Extension and Website are made available to you for your personal, non-commercial use only (at home or at work). You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with the Website, without first obtaining written permission from FroSP. Furthermore, you may not use the Extension or Website in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not use the Extension or Website in an automated manner), nor may you use Extension or Website in any manner that could interfere with any other party's use and enjoyment of the Services. You may not use any third party extension, software, or scripts to access the Website or the Websites underlying technology or software.
Objectionable Content. We reserve the right to remove content (including websites) that we determine in our sole discretion are unlawful, abusive, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any account posting or hosting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.
Prohibited Content. You agree that you will not post any Prohibited Content. "Prohibited Content" includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (viii) otherwise violates the terms of this Agreement or creates liability for us. You represent and warrant that: (a) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.
5. Privacy and your personal information
5.2 You agree to the use of your data in accordance with FRoSP's privacy policies.
You acknowledge that we reserve the right to charge for forthcoming Premium Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your FRoSP Profile. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to us.
This Agreement shall remain in full force and effect while you use the Services or are a FRoSP Member. You may delete your FRoSP Profile and end your membership at any time, for any reason.
In the case of the termination of your membership your comments will remain untouched and undeleted. In addition you cannot demand the deletion of any of your comments.
Breach. Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services.
8. Intellectual Property (Trademarks & Copyrights)
FRoSP, the FroSP logo and the FroSP design are trademarks or trade dress of FRoSP, and may not be used without express written permission from FRoSP, other than for attribution. All other trademarks not owned by FRoSP that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FRoSP. FRoSP-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of FRoSP and its licensors and protected by German and international copyright laws.
FRoSP and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between FRoSP and you. These Terms supersede any previous agreement and represent the entire agreement between FRoSP and you. These Terms are governed by German law. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to FRoSP in English at terms(at)frosp.com
FRoSP disclaims any responsibility for harm resulting from your use of the Services. The Services are provided "as is," with no warranties whatsoever. FRoSP and the FRoSP licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. FRoSP and the FRoSP licensors disclaim any warranties regarding the security, reliability, timeliness and performance of the Services. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services.
You are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies, and FRoSP is not responsible for third-party websites that contain or deliver viruses, spyware, malware, or other harmful content or code.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
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