These Terms of Service (the “Terms”) govern your use of any website, mobile or tablet application, including any online service or platform (collectively, the “Services”) of FroZo Manufacturing (“FM”), or any of its companies or brands (collectively, “Frosteez”, “FM”, “we”, “us”), that provides an authorized link to the Services as well as our interactions with you on third party platforms.
1. Binding Agreement
The Terms are a binding legal contract between you and FM. Please read the Terms carefully before using the Services. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.
We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. You must be 13 years or older to use the Services.
3. Registration and Security
You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. FM has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify FM of any unauthorized use of your password or username or any other breach of security.
4. Prohibited Content and Activities
You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law including but not limited to the Computer Misuse Act of the Laws of Barbados. For example, you may not:
5. Intellectual Property
All content, including, without limitation, the text, software, scripts, graphics, photos, images, concepts, sounds, music, videos and any other material that are part of the Services other than any content you may submit (collectively, the “Frosteez Content”) is the property of FM. You may use the Services and print copies of Frosteez Content, save and except for that otherwise identified or described, only for noncommercial, informational, personal use, without modification, and only so long as you comply with these Terms.
Copyright and Other Intellectual Property Rights. Frosteez Content is protected under the copyright laws of Barbados and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by FM or its third-party licensors to the full extent permitted under the Barbados Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Frosteez Content.
Trade and Service Marks. You acknowledge and agree that all Frosteez logos and marks as well as other proprietary materials depicted in connection with the Services and the Frosteez Content are the property of FM and may not be used commercially without the prior written consent of FM.
Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
Embedding Content. Frosteez Content cannot be embedded into other web pages without the express written consent of FM. All use of embedded Frosteez Content must be for non-commercial purposes only, and may be disabled by FM at any time and for any reason.
6. Social Media Integration
7. User Submissions
Certain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (“User Content”). In addition to complying with Section 4, you agree not to provide User Content that:
Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party's intellectual property rights, of the third party's right to privacy, or of any other applicable local, provincial, state, national, or international law.
If the Services permit you to submit User Content, you may only provide User Content that is original and/or that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
8. Links and Third Party Content
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. FM is not responsible for any error relating to the Services or any other products offered via the Services.
Otherwise applicable sections of these Terms shall survive termination. FM also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the FM Content.
10. Limitation of Liability
To the extent permitted by law, FM’s liability in relation to any product or service purchased as a consequence of your use of the Services is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to FM’s for the product or service.
Under no circumstances, including without limitation negligence, will FM, its affiliates, or any party involved in operating, creating, producing, or delivering the Services be liable for any damage or losses including without limitation direct, incidental, consequential, indirect, special, or punitive damages or lost profits arising out of the Terms or your access, use, misuse, or inability to use the Services, including without limitation any FM content or User Content, or any sites linked from the Services, however caused, whether in contract, tort, negligence, strict liability, or otherwise, even if FM has been advised of the possibility of such damage, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure, or other technologically harmful material that may infect your device, data, or other proprietary material due to your use of our Services or to your downloading of any content on it or on any website linked to it. Further, FM will not be liable for the accuracy of the information on the website and holds out no warranties or representations that the information on the website or the Services is current in real time. Any errors on the website or the Services will be corrected when discovered and FM reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission.
To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms, for failure to observe or perform any of our obligations under these Terms for any reason or cause except if caused by FM’S gross negligence. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.
You agree to indemnify, hold harmless, and defend FM, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, wilful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of FM. These obligations will survive any termination of these Terms.
12. Integration, Severability and Waiver
These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between FM and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
13. Contact Information
Please direct any questions, complaints, or comments related to the Services to firstname.lastname@example.org.