FROOGLE, INC Customer User Terms and Conditions
FROOGLE, INC offers an application called FROOGLE, which allows consumers to receive promotional, marketing and advertising content from specified vendors through a mobile smartphone application (the “Application”). These Terms and Conditions (“Terms”) govern your download and use of the Application and your access and use of the Application. “You” or “Customer” means any individual or entity that downloads or uses the Application. Please read these Terms carefully. These Terms govern your download and use of the Application. You must accept these Terms prior to downloading or using the Application. By downloading or using the Application, you signify your assent to these Terms. If you do not accept these Terms, do not download or use the Application. If you do not agree to any of these Terms, do not download or use the Application, which download and use is strictly prohibited. The Application is to be obtained only through Apple’s software distribution platform (“App Store”) and through Google’s software distribution platform (“Google Play Store”). By installing and/or using the Application provided by FROOGLE, INC, you are confirming your acceptance of this agreement and you are agreeing to become bound by the terms of this agreement.
This license granted to you for the Application by FROOGLE, INC is limited to a non-transferable license to use the Application on any Devices that you own or control and as permitted by the Usage Rules. This license does not allow you to use the Application on any Device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of the FROOGLE, INC and its assigns or licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by FROOGLE, INC that replace and/or supplement the original Application (whether in beta form or otherwise), unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Application. The Application allows you to receive promotional, marketing and advertising content (all of the foregoing, “Content”) to your Device including location based Content. FROOGLE, INC makes no warranties regarding the Application or the availability thereof, and FROOGLE, INC may choose to modify the Application or cease provision thereof at any time, in its sole discretion, in which event any Content which you have collected may cease to be available or valid. You understand that FROOGLE, INC is making the Application available to you without charge and, as such, you shall have no claims against FROOGLE, INC regarding the Application and Content, including but not limited to the temporary or permanent unavailability of the Application and/or any Content. In addition, the Content that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. FROOGLE, INC makes no representation that such Content is appropriate or available for use in any particular location. To the extent you choose to access such Content, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. FROOGLE, INC, and its assigns or licensors, reserve the right to change, suspend, remove, or disable access to any Content or services at any time without notice. In no event will FROOGLE, INC be liable for the removal of or disabling of access to any such Content or services. FROOGLE, INC may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Security. You represent and warrant that you have full right to use your Device. FROOGLE, INC WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE ARISING FROM USE OF YOUR DEVICE, THE APPLICATION AND CONTENT, and you agree to indemnify and hold FROOGLE, INC harmless for any improper or illegal use of the same.
Promotional Material. Content is provided by independent third party vendors (“Vendors”) and, as such, FROOGLE, INC disclaims all responsibility and liability for Content. Specifically, you acknowledge that FROOGLE, INC is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, and is no way is FROOGLE, INC responsible to provide any Content on behalf of any Vendor. VENDORS ARE THE SOLE PARTIES RESPONSIBLE FOR CONTENT. Further, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against FROOGLE, INC in this respect. You agree to abide by the terms and conditions that any Vendor may impose on any Content provided by such Vendor, and you shall fully indemnify FROOGLE, INC for your violation of any such terms and conditions.
Intellectual Property. You have no ownership rights in the Application. Rather, you have a limited license to use the Application subject to these Terms. Ownership of the Application, Documentation and all intellectual property rights therein and thereto shall remain at all times with FROOGLE, INC or its licensors or assigns. All rights not expressly granted to you herein are reserved to FROOGLE, INC. You may not remove any proprietary notice of FROOGLE, INC or its licensors from the Application, Documentation, or Content or any copy or component thereof. All copyright notices must be retained at all times.
You agree that the Application contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Application. No portion of the Application and may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application, in any manner, and you shall not exploit the Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that FROOGLE, INC is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Application.
Restrictions. Except as set forth expressly herein, you shall not, and you shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Application; (b) circumvent, disable, or otherwise interfere with security-related features of the Application or any Content; (c) modify the Application or any Content, or insert any code or product, or in any other way manipulate the Application or any Content; or (d) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Application or any Content except as expressly permitted by these Terms. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform FROOGLE, INC in writing in each instance prior to engaging in the activities set forth above.
In making use of the Application or any Content, you may not, directly or indirectly, (a) violate the legal rights of others, including defaming, abusing, stalking or threatening users or infringe our or any third party’s intellectual property rights, moral rights, or other rights; (b) commit an action that is (or FROOGLE, INC reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or FROOGLE, INC reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (c) commit any action that does not comply with all applicable laws, rules, or regulations, including not obtaining all necessary permits, licenses, or registrations or that would cause FROOGLE, INC to be in violation of any law or regulation, or to infringe any right of any third party.
Indemnification. You shall indemnify FROOGLE, INC, its affiliates, employees, officers, directors and agents from and against any and all third party allegations (even though such allegations may be false, fraudulent or groundless) asserted in any claim, action, lawsuit, investigation or proceeding, whether actual or alleged, arising out of or related in any way to (i) a breach by you of these Terms; (ii) your use of the Application or any Content in a manner that may violate any third party intellectual property, moral or contractual rights; or (iii) your use of the Application or any Content in violation of any law, regulation or court order. Your choice of counsel retained for purposes under this section must be reasonably satisfactory to FROOGLE, INC. You may not settle or compromise claims that impose any obligation on FROOGLE, INC or that may affect FROOGLE, INC rights in any way without FROOGLE, INC prior written consent. FROOGLE, INC may participate in the defense of all claims with counsel of its own choice at its own expense.
NO WARRANTY. You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. THE APPLICATION, DOCUMENTATION AND ALL CONTENT ARE PROVIDED “AS-IS”, WHETHER THE APPLICATION IS OFFERED IN BETA OR UPDATED AND FINAL FORMS. FROOGLE, INC EXPRESSLY DISCLAIMS ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE APPLICATION OR THE SUBSTANCE OF THE CONTENTS) AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE APPLICATION OR THE CONTENT IS AT YOUR OWN RISK, AND FROOGLE, INC DOES NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE APPLICATION OR THE CONTENT, INCLUDING WITHOUT LIMITATION THE UNAVAILABILITY OR MODIFICATION OF ANY CONTENT, OR THE FAILURE OF ANY VENDOR TO PROVIDE ANY PROMISED CONTENT.
LIMITATION OF LIABILITY. FROOGLE, INC IS MAKING THIS APPLICATION AVAILABLE TO YOU WITHOUT CHARGE AND, AS SUCH, FROOGLE, INC SHALL NOT HAVE ANY LIABILITY ARISING OUT OF THE LICENSE, SUPPLY OR USE OF THE APPLICATION OR CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL FROOGLE, INC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES), INCLUDING ARISING OUT OF THE MANUFACTURE, SUPPLY, SALE OR USE OF THE APPLICATION, EVEN IF FROOGLE, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Termination. FROOGLE, INC may suspend or terminate these Terms, and your use of the Application or any Content at any time if (i) you violate these Terms, including by using the Application or any Content in violation of any third party right or law, regulation or court order; (ii) FROOGLE, INC is unable to verify or authenticate any information you provide; (iii) such information becomes inaccurate; or (iv) FROOGLE, INC decides in its sole discretion to cease offering the Application or any Content. Upon termination, you must immediately cease all use of the Application and Documentation. Sections regarding Security, Privacy, Intellectual Property, Restrictions, Usage Restrictions, Indemnification, No Warranty, Limitation of Liability, and this Section shall survive the termination or expiration of this Agreement for any reason.
Miscellaneous. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof, provided that the use of any Content may be subject to additional terms provided by the applicable Vendor. These Terms may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. FROOGLE, INC may assign its rights or obligations pursuant to these Terms. Customer agrees not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of these Terms. If any part of these Terms shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the State of Minnesota, and the competent courts in the county of Hennepin shall have exclusive jurisdiction to hear any disputes arising hereunder.
We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information, and the page(s) you visited. We will not sell your personally identifiable information to anyone.
Your payment and personal information are always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
All payments are final and no refunds will be processed. If you are dissatisfied with your order, please contact the retailer.
Delivery Policy (if applicable)
All orders will be delivered as soon as the order has been prepared.
User Provided Information
The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us. When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information. We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
When you visit the mobile application, we may use GPS and/or Beacon technology (or other similar technology) to determine your current location in order to display relevant location-based promotional, marketing and advertising content on your mobile phone. We will not share your current location with other users. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application and delete the Application.
We will share your information with third parties only in the ways that are described in this privacy statement. We may disclose User Provided and Automatically Collected Information:
Additionally, the Application may provide FROOGLE, INCwith information regarding your actual location. FROOGLE, INC will collect this information if you allow the Application to access your location through your mobile phone. FROOGLE, INC may use this data for statistical purposes. If you choose to make your visit available to the vendors related to the location-based promotional, marketing or advertising content, FROOGLE, INC may also notify the applicable vendor when you are present in the physical location of such vendor. Except as statistical information or to vendors if you consent, FROOGLE,INC will not share your location with any third party. FROOGLE, INC does not provide participating vendors with your phone number or email address, or any other means of contacting you directly except through the FROOGLE, INC Application services. FROOGLE, INC’s business, however, is to provide you content that enhance your shopping and consumer experience. In order to achieve this goal, FROOGLE, INC may provide vendors with some of your Personal Information, including your past shopping and/or visit history and (if you consent) if you are physically located at such vendor’s store location.
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at firstname.lastname@example.org.
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at email@example.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13, and FROOGLE, INC requires that users must be age 21 or older if the promotional, marketing or advertising content relates to products requiring a lawful age requirement for purchase. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at email@example.com.
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