Gogofrog - FREE 3D web site with FREE hosting

TERMS OF USE

Last updated [01 June 2006]

1. Acceptance of terms

Gogofrog Pty Ltd (Gogofrog) provides users with personal web page creation, hosting services and related services (the Service) through its website located at gogofrog.com (the Website).

Gogofrog provides the Service and the Website to you subject to the terms set out in the following agreement, as updated from time to time (the Agreement). By using the Service or the Website you acknowledge that you have read and understood this Agreement and agree to be bound by it.

If you do not agree with this Agreement (or any updates to it) you should immediately cease using the Website and the Service.

2. Modification of this Agreement

This Agreement may be updated from time to time by Gogofrog. Gogofrog will place a notice on the Website indicating when this Agreement has been updated. By continuing to use the Service or the Website after this Agreement has been updated, you acknowledge that you have read and understood the updated Agreement and agree to be bound by it.

3. Use of the Service

In order to use the Service, it is your responsibility to procure access to the Internet, to pay any costs associated with that access and to acquire any hardware and software necessary to facilitate that access.

Gogofrog reserves the right to modify the Service or the content of the Website at any time without notice or liability to you. Gogofrog may establish limits regarding use of the Service and the maximum storage space available for Content. These limits may be changed from time to time without liability to you. Gogofrog will place a notice on the Website indicating when these limits have been changed.

Gogofrog may issue you with security access codes (including usernames and passwords) to enable you to access and use the Service. You must ensure that these security access codes are kept confidential and secure from unauthorised access and not used by, or disclosed to, any other person. You are responsible for any person's access to and use of the Service through use of any of the security access codes allocated to you (whether such access or use was authorised or not).

4. Content provided by you

The Service allows you to post information, data, text, messages, photographs, images and other materials (Content) on the Website. You are responsible for all Content which you upload, post or otherwise transmit using the Service.

You must not use the Service to:

(a) engage in, encourage, promote or provide instruction in relation to any illegal activity;

(b) upload, post or transmit Content which is unlawful or constitutes defamation, racial or ethnic vilification or interference with another's privacy;

(c) upload, post or transmit Content in breach of third party intellectual property rights, including copyright, trade mark, patent and database rights;

(d) upload, post or transmit Content in breach of your contractual or fiduciary obligations or in breach of an obligation of confidence;

(e) upload, post or transmit any software virus or any other computer program designed to interfere with, destroy or disrupt the functionality of any hardware or software;

(f) interfere with, disrupt or attack the Service or any server connected to the Internet by any means;

(g) upload, post or transmit Content in breach of the laws relating to the export or transmission of data from the country in which you reside;

(h) transmit any unsolicited bulk electronic messages or unsolicited commercial electronic messages (including "spam" messages);

(i) impersonate any other person or otherwise misrepresent your identity;

(j) upload, post or transmit any Content which you know is false or misleading; or

(k) harass or stalk any person.

To avoid doubt, references in this Agreement to "unlawful" or "illegal" conduct includes conduct which is prohibited by law in any country.

Gogofrog may monitor or review Content and reserves the right to:

(a) edit or remove any Content which violates this Agreement; and

(b) suspend or terminate the account of any user who breaches this Agreement,

at its sole discretion and without liability. However, Gogofrog is under no obligation to perform these activities and does not warrant that it will do so.

5. Content provided by others

You understand that Content posted on the Website represents the views and opinions of the user who posted that Content and that Gogofrog does not endorse and is not responsible for that Content. Gogofrog is not responsible for the completeness, accuracy, reliability or availability of Content and does not accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the Content.

You also understand that, by using the Service, you may view Content which may constitute a breach of this Agreement. If you find any such Content, you may report it to Gogofrog by sending an email to legal@gogofrog.com. As noted above, Gogofrog may (but is not obliged to) remove that Content.

6. Intellectual property rights in your Content

You grant to Gogofrog a non-exclusive perpetual royalty-free licence to copy and communicate to the public any Content you upload to the Service, solely for the purpose of hosting and providing public access to that Content on the Website. You warrant that you have the ability to grant such rights to Gogofrog, and agree to indemnify Gogofrog if any third party takes action against Gogofrog in relation to Content you provide. All Content you provide shall be deemed to be non-confidential.

7. Intellectual property rights in the Website

The Website is subject to copyright under international laws and treaties. Except for Content posted by users and as otherwise indicated, the copyright in the Website is owned by Gogofrog, which reserves all rights. Except for the direct purpose of using the Service and viewing, printing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website without Gogofrog's consent.

The Website also includes registered and unregistered trade marks, which are owned by Gogofrog. Except to the extent that it is expressly indicated to the contrary, your access to or use of this Website does not constitute or create a licence or any other right to use the name, trade marks, trade dress, copyright or any other intellectual property of Gogofrog or any other party whose intellectual property appears on the Website.

8. Software and other material available for download

The Service and Website incorporates certain software. You must only use that software in the course of using the Service and the Website. From time to time, certain software and related materials may be expressly made available by Gogofrog for downloading from the Website. You must only use that software and those materials for the purpose for which they are made available.

Unless that software or those materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), Gogofrog grants to you a personal, non-transferable, and non-exclusive licence to use the relevant software or materials for your own private use, provided that you do not copy, communicate to the public, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices. Gogofrog may terminate your licence to use the relevant software or materials at any time without liability to you if Gogofrog's right to grant that licence is terminated or expires.

Except as otherwise provided for in the terms of any express licence agreement, Gogofrog gives no warranties (either express or implied) as to the suitability of the software or materials for any purpose or the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk.

9. Links to third party sites and advertisements

Gogofrog assumes no responsibility and accepts no liability for the condition or content of third party websites which may be linked to or accessed from the Website. Except as Gogofrog may specifically direct otherwise, Gogofrog does not authorise the content of those third party websites. The Website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this Website does not necessarily constitute the recommendation or endorsement of Gogofrog for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

10. Competitions and promotions

Certain parts of the Website may contain competitions or promotions from Gogofrog or third parties. The terms for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms. Notwithstanding any specific terms, Gogofrog specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

11. Privacy

Gogofrog requires that you provide a valid email address in order to register as a user of the Service. Gogofrog does not require any other information upon registration, but you should be aware that this does not mean that the Service is anonymous - Gogofrog can identify your Internet Protocol address, and may provide this address to law enforcement authorities if you have used the Service to commit an unlawful act.

Gogofrog may use the email address you provide to contact you with information about its services and products. Gogofrog will not provide your email address to any third parties. Gogofrog may also collect information about your use of the Service and use and publish this information provided that it does not identify any individual user.

12. Commercial activities

Some parts of the Website may feature businesses and commercial activities conducted by users of the Service. Gogofrog does not endorse or approve and is not responsible or liable for those businesses or commercial activities. The user conducting the business or commercial activity is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from that user.

If you use the Service to conduct any type of business or commercial activity, you agree that:

(a) Gogofrog accepts no responsibility or liability for the performance or success of those commercial activities;

(b) you must ensure that you conduct your business in accordance with all applicable laws at all times and that you obtain all necessary permits and licences to conduct your commercial activities; and

(c) you may state on your website that your website was created using the Service and/or is hosted by Gogofrog; other than this, you must not expressly state or imply that your business is associated with or endorsed or approved by Gogofrog in any way.

13. Disclaimer and Limitation of Liability

The Service and the Website and its entire contents are provided on an "as is" basis. Gogofrog and its officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the suitability of the Service or the Website or its contents for any purpose or the completeness, accuracy, reliability, security or availability of the Service or the Website or its contents; nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the Service or the Website.

Gogofrog and its officers, employees, agents and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Service or the Website, or your reliance upon the Service or the Content or other information contained upon the Website (whether arising from Gogofrog or any other person's negligence or otherwise).

You and Gogofrog agree that any cause of action arising out of your use of the Service or Website must be commenced within twelve months after the cause of action accrues or you become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action is permanently barred.

Where any legislation implies any term, condition, representation or warranty into this Agreement, and that legislation prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the legislation, Gogofrog's liability for any breach of such terms, conditions, representations or warranty, is limited to a Total Maximum Aggregate Liability of US Five Dollars ($5.00) or supplying that part of relevant paid goods or services not already used, at Gogofrogs complete discretion.

14. Indemnity

You agree to indemnify and keep indemnified Gogofrog and its officers, employees, agents and contractors (those indemnified) in respect of any claim, liability, loss, damage, costs (including reasonable legal costs) or expenses which those indemnified may suffer or incur as a direct or indirect result of your Content, your use of the Service or Website, your wilful or negligent act or omission with respect to the Service or the Website, your breach of this Agreement or your breach of the rights of any third party.

15. Suspension or termination

Your ability to use the Service or participate in all or certain parts of the Website may be suspended or terminated at any time without notice, and without any liability to you, for any reason including without limitation non-use, breach of this Agreement or suspension or termination of the Service as a whole. Any indemnities given by you and limitations on Gogofrog's liability will survive such suspension or termination.

Upon such suspension or termination, your ability to access the Service will immediately cease. You may be unable to access or retrieve any Content you have uploaded or posted to the Service. For this reason, we recommend that you keep a back up copy of any Content you upload or post to the Service.

16. Governing law and jurisdiction

This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. By using the Service or the Website you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

17. Miscellaneous

A right relating to this Agreement may only be waived by Gogofrog in writing. Gogofrog's failure to exercise or enforce any rights or any provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Gogofrog in writing. If any provision of this Agreement is found to be invalid or unenforceable by a court, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect.