Welcome to the FROLICPHONE.COM website (the “Website”), which is owned and operated by FROLICPHONE.COM. (“FROLICPHONE.COM” or “we”). Please read these Terms of Use carefully, as they describe the terms and conditions applicable to the Web site. BY ACCESSING ANY AREA(S) OF THE WEB SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS OF USE.
Your Acceptance of Frolicphone.com Terms of Use and Privacy Policy
Your use of and/or visitation to any area of the Website signifies your agreement to (1) these Terms of Use and (2) Frolicphone.com Privacy Policy, found here which is incorporated herein by reference. If you do not agree to any of these Terms of Use or Frolicphone.com Privacy Policy, please do not use the Web site. In its sole discretion, Frolicphone.com may modify or revise these Terms of Use or its Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. If you violate any of these Terms of Use, your permission to access and use the Web site and the contents of the Web site, such as text, graphics, software, images, designs, icons, and other material contained on the Web site (collectively, “Content”) automatically terminates and you must immediately cease all access to and use of the Web site and the Content.
Your Use of the Website – Permissions and Restrictions
Frolicphone.com hereby grants you permission to access and use the Website and the Content for your personal, informational and shopping purposes only, under the following conditions:
You agree to use the Web site for lawful purposes only. The Content is protected by copyright under both United States and foreign laws, and contains trademarks and other proprietary information. Title to the Content remains with Frolicphone.com or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Frolicphone.com. All rights not expressly granted herein are reserved to Frolicphone.com and its licensors. You acknowledge that you do not acquire any ownership rights by accessing or using the Web site or the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
You agree not to alter or modify any part of the Website.
Any special rules for the use of certain software and other items provided on the Web site may be included elsewhere within the Web site and are incorporated into these Terms of Use by reference.
You agree not to use the Web site for any commercial use (other than the purchase of products and services offered for sale on the Web site) without the prior written authorization of Frolicphone.com.
You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on this Web site. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web site. You also agree not to interfere with the servers or networks connected to the Web site or to violate any of the procedures, policies or regulations of networks connected to the Web site. Notwithstanding the foregoing, Frolicphone.com grants the operators of public search engines permission to use spiders to copy materials from the Web site for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of the materials, but not caches or archives of such materials.
Frolicphone.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website nor to use the communication systems provided by the Website (if any) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site. Any conduct by you that in Frolicphone.com's discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the Web site any material which (in Frolicphone.com sole discretion) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law.
You agree not to upload, post or otherwise make available on the Web site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
You agree not to impersonate any other person or to conduct yourself in a vulgar or offensive manner while using the Website. You agree that Frolicphone.com may reject any User Submissions (defined below) for any reason or no reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at Frolicphone.com sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark or publicity rights.
You agree that Frolicphone.com, should it accept a User Submission, may include that User Submission in the Website for as long or as short a period of time as Frolicphone.com, in its sole discretion, chooses. Furthermore, you agree that Frolicphone.com may edit User Submissions.
You agree that Frolicphone.com shall have the right, but not the obligation, to monitor the content of the Website and to remove any material that Frolicphone.com, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
Frolicphone.com reserves the right to discontinue any aspect of the Website at any time.
Account Registration
In order to participate in certain areas of the Web site, you may need to register for an account. You agree to: (i) create only one account; (ii) provide truthful, accurate, current and complete information when creating your account; (iii) maintain the security of your account by restricting access to your account and not sharing your password with others; (iv) maintain and promptly update your account information if necessary; (v) notify Frolicphone.com promptly upon learning of any security breaches relating to the Website; and (vi) take responsibility for and accept all risk relating to any and all activities and transactions that occur under or in connection with your account.
Terms and Conditions
All sales of products and services on the Website are governed by Frolicphone.com Terms of Use. Please refer to the Terms and Conditions for the terms and conditions applicable to your purchase and use of products and services through the Web site. By purchasing products or services through the Web site, you agree to be bound by and accept the Terms and Conditions. The Terms and Conditions are subject to change at any time without notice, in Frolicphone.com sole discretion; therefore, you should review the Terms and Conditions every time you make a purchase on the Web site.
Right to Terminate
Frolicphone.com reserves the right to terminate or restrict your use of our Web site, without notice, for any or no reason whatsoever. Frolicphone.com reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. Frolicphone.com may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at Frolicphone.com sole discretion.
Disclaimer of Opinion
Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by you or third parties on the Website are those of the respective authors or producers and not of Frolicphone.com, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees. Under no circumstances shall Frolicphone.com, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Web site.
Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, the Content, and any and all products or services promoted or sold via the Website are provided on an “as is” basis. The use of the Website, the Content and any product or service discussed, promoted or sold via the Web site is at your own risk.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FROLICPHONE.COM, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “FROLICPHONE.COM PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NONE OF THE FROLICPHONE.COM PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR ADVERTISED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE FROLICPHONE.COM PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. FROLICPHONE.COM DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR SOLD THROUGH THIS WEB SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Liability of Frolicphone.com
If you are dissatisfied with the Website, any information found thereon, or with any part of these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website. Frolicphone.com assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Website.
IN NO EVENT SHALL THE FROLICPHONE.COM PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED THROUGH THE WEB SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, ANY DELAY OR INABILITY TO USE THE WEB SITE, OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FROLICPHONE.COM PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE FROLICPHONE.COM PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEBSITE IS CONTROLLED AND OFFERED BY FROLICPHONE.COM FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND FROLICPHONE.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
If, notwithstanding the FIRST PARAGRAPH OF THIS SECTION 8, ANY FROLICPHONE.COM PARTY iS found liable for any loss or damage relating to YOUR use of this Website (OTHER THAN WITH RESPECT TO PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEB SITE), YOU agree THAT the liability of such party shall in no event exceed ONE HUNDRED DOLLARS ($100.00).
IF, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 8, ANY FROLICPHONE.COM PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO ANY SERVICE(S) OR PRODUCT(S) (WHETHER TANGIBLE OR INTANGIBLE) ADVERTISED, PROMOTED OR SOLD THROUGH THIS WEB SITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED THE AMOUNTS SET FORTH IN SECTION 21 OF THE TERMS AND CONDITIONS.
Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of CALIFORNIA law as described below, do not allow THE EXCLUSION OF CERTAIN WARRANTIES OR limitations of liability, so the foregoing EXCLUSIONS OR limitations might not apply to you. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
Indemnification
You agree to defend, indemnify and hold harmless the Frolicphone.com Parties from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of, or relating to: (i) your use of the Web site and/or any information, services or products advertised or provided via the Web site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, but not limited to, any copyright, property or privacy right; or (iv) any claim that any of your User Submissions caused damage to a third party.
Third Party Advertisements; Links to Other Web Sites
Frolicphone.com may display advertisements from third parties on the Web site. Your dealings or correspondence with such third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Frolicphone.com is not liable for any damages or losses of any sort incurred as a result of such dealings or as a resulting of such third-party advertisements or information on the Website.
Some of the hyperlinks on the Website may lead to other websites that are not controlled by, or affiliated with, Frolicphone.com. In addition, other websites may link to this Website. Unless expressly stated, Frolicphone.com has not reviewed or endorsed these websites, has no control over those websites and is not responsible for the content or privacy policies, or practices of any third-party websites. In addition, Frolicphone.com will not and cannot censor or edit the content of any third-party web site. By using the Website, you expressly relieve Frolicphone.com from any and all liability arising from your use of any third-party website that you visit through or via the Website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
User Submissions and Contributions
Any personal information you provide to Frolicphone.com is subject to our Privacy Policy. Beyond that information, any email or other communications or content you send to any part of the Website is non-confidential for all purposes. “User Submissions” include all forms of information or material uploaded or communicated in any manner by users of the Website.
If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — Frolicphone.com a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sub-licenseable and transferable right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Frolicphone.com may sublicense its rights through multiple tiers of sublicenses. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Web site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. You understand and agree that Frolicphone.com may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Frolicphone.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
Frolicphone.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Frolicphone.com expressly disclaims any and all liability in connection with User Submissions. Frolicphone.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Frolicphone.com may remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. Frolicphone.com reserves the right to remove User Submissions without prior notice.
Frolicphone.com is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to Frolicphone.com without compensation to you or attribution and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services and creating, modifying or improving the Web site or other web sites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against Frolicphone.com and its parent, subsidiaries and affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Frolicphone.com reserves the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be submitted that contain : harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or personal attacks; or misleading information regarding the origin of the content. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
Disputes
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE OR JURY. ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTION LAWSUITS ARE NOT ALLOWED.
Subject to the following paragraph of this Section 12, all disputes between you and Frolicphone.com and/or its officers, directors, employees, agents and affiliates must be resolved by final and binding arbitration. This agreement to arbitrate is intended to be given the broadest meaning under law and includes, but is not limited to, (i) disputes and claims arising out of or relating to any aspect of the relationship between you and Frolicphone.com, whether based in statute, fraud, tort, contract, misrepresentation or any other legal theory, (ii) disputes and claims that arose before this or any prior agreement, and (iii) disputes and claims concerning the scope of this arbitration provision. The arbitration will be conducted by one arbitrator using the procedures described in this Section. The arbitration of any dispute shall be administered by the American Arbitration Association (“AAA”), and shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from these Terms of Use, these Terms of Use shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
Before you take a dispute to arbitration, you must first write to us at:
[email protected] and give us an opportunity to resolve the dispute. Similarly, before Frolicphone.com takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or Frolicphone.com is notified by the other of a dispute, then either party may contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available on the Internet at www.adr.org. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in Los Angeles, CA. Arbitrations under this Agreement shall be confidential as permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the arbitration of confidentiality obligations.
Nothing in this Section 12 or otherwise shall preclude Frolicphone.com from seeking any injunctive relief in any court of competent jurisdiction for protection of Frolicphone.com intellectual property rights or other proprietary rights.
These Terms of Use are governed by the internal substantive laws of the State of California, without reference to its conflict of the laws principles. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Revisions to Terms of Use
These Terms of Use may be revised, modified, altered or updated (collectively, “Modified Terms”) by Frolicphone.com in the future at its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Web site. Any use of the Web site by you after such posting shall be deemed to constitute acceptance of such Modified Terms.
Entire Agreement
These Terms of Use, as modified from time to time by Frolicphone.com, and including the Frolicphone.com Privacy Policy incorporated herein by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.
Severability
If any arbitrator or any court of competent jurisdiction declares any provision of these Terms of Use to be invalid, unlawful or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law. Each party acknowledges and agrees that any interpretation of these Terms of Use will not be construed against a party by virtue of its having drafted the provisions hereunder.
Digital Millennium Copyright Act
It is Frolicphone.com policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Web site are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Frolicphone.com to locate the material;
Information reasonably sufficient to permit Frolicphone.com to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Frolicphone.com designated Copyright Agent to receive notifications of claimed infringement is:
[email protected]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Frolicphone.com customer service. You acknowledge that if you fail to comply with all the requirements set forth above, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Web site or disabled after Frolicphone.com received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Frolicphone.com a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all the following:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Frolicphone.com may send a copy of the counter-notice to the original complaining party informing that person that Frolicphone.com may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides Frolicphone.com with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Frolicphone.com's sole discretion.
Intellectual Property Notice
All content on the Web site is owned by Frolicphone.com or its licensors, and is protected by U.S. and international copyright, trademark and similar intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
Ability to Accept Terms
You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
General
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Frolicphone.com by your use of the Web site. Any provision of these Terms of Use which by its nature would survive the termination or expiration of these Terms of Use, shall do so. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Frolicphone.com without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of Frolicphone.com, its parent, subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.