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Please read the following information
carefully before using the WORLD OF FROUD website or any artwork by Froud.
By accessing or using the WORLD OF FROUD website, you agree to be legally
bound by these Terms of Use and Copyrights.
If you do not wish to be bound by these requirements, please do not use
the World of Froud website or Froud artwork.
| World
of Froud (WOF)
Terms of use |
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Trademarks,
Copyrights and Restrictions
The WORLD OF FROUD website
is administered by IMAGINOSIS ("Imaginosis," "we," "us," or "our"). If
you wish to contact us, you may review our contact procedures here.
The WORLD OF FROUD website
was created to be both useful and entertaining. All materials on the WORLD
OF FROUD website ("Online Materials"), including, without limitation,
names, logos, trademarks, service marks, images, illustrations, audio
clips, and video clips, are protected by copyrights and other intellectual
property rights owned and controlled by WORLD OF FROUD, IMAGINOSIS or
by other parties that have licensed their material to WORLD OF FROUD.
No Online Material may be copied, reproduced, republished, modified, uploaded,
posted, transmitted, distributed in any way, or otherwise used for any
purpose without the prior written permission of their respective owners.
You may not add, delete, distort, or otherwise modify the contents on
the WORLD OF FROUD website. Any unauthorized attempts to modify any Online
Material, to defeat or circumvent our security features, or to utilize
the WORLD OF FROUD website for other than their intended purposes are
prohibited.
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Linked
Sites
We have provided links to
related sites for your convenience ("Linked Sites"). We do not review
or endorse Linked Sites in any way whether or not WORLD OF FROUD is affiliated
with the sponsors of a site. We are not responsible for the content of
Linked Sites or any off-site pages linked to the WORLD OF FROUD website.
You access such linked sites and off-site pages at your own risk. It is
up to you to take precautions to ensure that such linked sites that you
visit and the information you select on them are free of viruses, worms,
vermin, trojan horses, and other items of a destructive nature. Visitors
to any Linked Sites are urged and expected to abide by the Terms of Use
and Privacy Policies of that particular Linked Site.
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Submissions
to the WORLD OF FROUD
You may only use WORLD OF
FROUD and their contents for lawful purposes and inaccordance with applicable
law and you are prohibited from storing, distributing or transmitting
any unlawful material through WORLD OF FROUD website. You may not collect
or store personal information regarding other users. You recognize that
storing, distributing or transmitting unlawful material could expose you
to criminal and/or civil liability. You agree that if a third party claims
that material you have contributed to WORLD OF FROUD is unlawful, you
will bear the burden of establishing that it is lawful. You understand
and agree that all materials publicly posted (other than by WORLD OF FROUD)
or privately transmitted on or through WORLD OF FROUD are the sole responsibility
of the sender, not WORLD OF FROUD, and that you are responsible for all
material you upload, post or otherwise transmit to or through WORLD OF
FROUD website.
Any notes, message/bulletin
board postings, ideas, suggestions, concepts, or other material submitted
to us will become the property of WORLD OF FROUD and WORLD OF FROUD shall
be entitled to use such material for any type of use forever, including
in any media whether now known or hereafter devised. You agree that any
submission you make to us is original with you and accurate. You agree
that you will not submit or otherwise publish through the World of Froud
Sites any content, or act in any way, which in World of Froud's opinion:
(A) may constitute libel,
defamation, invasion of privacy, or is obscene, pornographic, abusive,
or threatening;
(B) may infringe any intellectual
property or other right of any entity or person;
(C) may violate any applicable
law or advocates illegal activity;
(D) advertises or otherwise
solicits funds or is a solicitation for goods, services, advertisers
or sponsors or otherwise engages in commercial activity;
(E) disrupts the normal
flow of dialogue or otherwise act in a way which affects the ability
of other people to engage in real time activities via the WORLD OF FROUD
website;
(F) includes programs which
may contain viruses, worms, Trojan horses or other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunication;
(G) includes MP3 format
files;
(H) disobeys any policy
or regulation established from time to time regarding use of the WORLD
OF FROUD website or any networks connected to the WORLD OF FROUD website;
or
(I) contains links to other
sites that contain the kind of content which falls within the descriptions
set out in (A) to (H) above.
We are not responsible for
any material posted on the bulletin boards, guestmaps or in the chat areas
conducted on WORLD OF FROUD website. We will cooperate with any law enforcement
authorities and comply with any judicial order requesting or directing
us to disclose the identity of anyone posting materials in violation of
any applicable federal, state, or local laws. We reserve the right in
our sole discretion to remove or disable access to any material posted
on or to our site, including without limitation material posted by you
to an WORLD OF FROUD website message board, guestmap or chat room if we
believe that material violates any of the above policies or infringes
any intellectual property rights. Furthermore, if we believe in our sole
discretion that you have violated any of the terms of these Terms of Use,
including specifically but without limitation by posting or providing
links to material which infringes intellectual property rights, we reserve
the right to terminate your access to the WORLD OF FROUD website.
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Applicability
of Online Materials
Unless otherwise specified,
the Online Materials are presented solely for the purpose of Entertaining
users of this site in the United States and its territories, and for promoting
programs, books, and other products. The WORLD OF FROUD website is controlled
and operated by IMAGINOSIS from its offices within the State of California.
We make no representation that the Online Materials are appropriate or
available for use in other locations outside the United States. Those
who visit the WORLD OF FROUD website from other locations do so on their
own initiative and are responsible for compliance with all applicable
local laws. You specifically agree to comply with all applicable laws,
including without limitation those concerning the transmission of technical
data exported from the United States or the country in which you reside.
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DISCLAIMER
OF WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT YOUR
USE OF THE WORLD OF FROUD WEBSITE, THE ONLINE MATERIALS, AND ANY PRODUCTS
OR SERVICES PURCHASED ON THE WORLD OF FROUD WEBSITE IS AT YOUR SOLE RISK.
ALL ONLINE MATERIALS AND THE PRODUCTS AND SERVICES OFFERED ON THE WORLD
OF FROUD WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WORLD OF FROUD DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WORLD
OF FROUD, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE
VENDORS, AGENTS OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF THE WORLD OF FROUD WEBSITE WARRANT THAT
THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THEM AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ
ON THE WORLD OF FROUD WEBSITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL
PURPOSES. WORLD OF FROUD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN THE WORLD OF FROUD
WEBSITE OR LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. WORLD OF FROUD MAKES NO WARRANTIES THAT YOUR USE OF THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT
IN WORLD OF FROUD SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WORLD
OF FROUD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER
CONTENT OF THE WORLD OF FROUD WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW
THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY
TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING DISCLAIMER, YOU EXPRESSLY
AGREE THAT WORLD OF FROUD, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND
THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, AND ANY PERSON INVOLVED IN
THE CREATION, PRODUCTION AND DISTRIBUTION OF THE WORLD OF FROUD WEBSITE
SHALL NOT BE LIABLE FOR:(A) ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT,
PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER
DAMAGES RESULTING FROM YOUR PURCHASE OF ANY PRODUCT OR SERVICES ON THE
WORLD OF FROUD WEBSITE OR FROM YOUR USE OF ANY ONLINE MATERIALS; (B) YOUR
USE OR INABILITY TO USE OR ACCESS THE WORLD OF FROUD WEBSITE; OR (C) DEFECTS,
DELAYS IN OPERATION, TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE
ON THE WORLD OF FROUD WEBSITE OR THE INTERNET. IF APPLICABLE LAW DOES
NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY
TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION OR OPINIONS
INCLUDED AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS
OR OTHER FORUMS CONDUCTED ON THE WORLD OF FROUD WEBSITE ("FORUMS") AND
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION
OR OPINIONS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE
CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF WORLD OF FROUD. WORLD OF
FROUD MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT
ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE WORLD OF FROUD WEBSITE
OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS
AND LIMITATION ON LIABILITY SET OUT ABOVE.
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Indemnification
You will indemnify and hold
harmless WORLD OF FROUD, its parent, affiliated and subsidiary entities,
and the successors, licensees, assigns, officers and directors of each
from and against any and all claims, losses and damages (including reasonable
attorney's fees) constituting and arising out of a breach of any of the
provisions of these Terms of Use, including without limitation from your
placement or transmission of any content onto WORLD OF FROUD's servers,
and/or from any and all use of the WORLD OF FROUD website.
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Governing
Law
These Terms of Use shall be
governed by and construed in accordance with the laws of the State of
California without regard to its provisions regarding conflicts of law.
You agree to submit to the exclusive jurisdiction of the federal, state,
and local courts located within the State of California. If any provision
of these Terms of Use is unlawful, void, or unenforceable, it will not
affect the validity and enforceability of any other provision. These Terms
of Use set forth the entire agreement regarding all of the matters discussed
herein. Because these Terms of Use are subject to change and you will
be legally bound by such changes, you should periodically visit this section
to review the current Terms of Use. We reserve the right to terminate
this agreement at any time without notice for any reason.
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The
World of FroudTerms of Use were last updated May, 2004.
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