Terms of Use

These Terms of Use set forth the terms and conditions governing your use of this website (the "Website"). By using the Website in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of the Website and do not apply to any other website or any frog design Inc.'s or its affiliates' (collectively, “frog design”) product or service, nor change any other agreement between you and frog design.

frog design reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes your acceptance of those changes. These Terms of Use were last updated on July 26, 2010.

OWNERSHIP AND USE OF WEBSITE INFORMATION. All information, materials, and other content located on the Website, except Individual Content, are the property of frog design or its affiliates, and are protected under United States and international copyright, trademark and other intellectual property laws.

THIS WEBSITE IS PROTECTED BY COPYRIGHT LAW. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM FROG DESIGN. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

SUBMISSION OF CONTENT OR MEDIA. The Website offers features that allow you to, among other things, submit photos and content selected or produced by you ("Individual Content"). You represent and agree that such Individual Content shall be Your sole responsibility, shall not infringe or violate the intellectual property or other rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, defamatory, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances necessary to engage in such activities. You shall be solely responsible for your own Individual Content and the consequences of submitting and publishing your Individual Content on this Website.

While You retain ownership rights in your Individual Content, by way of your submission, You hereby grant frog design and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Individual Content on this Website as well as in any media, with or without any attribution to You, provided that such use is in connection with frogMOB™ research activities, or frog design's marketing or business activities. Such uses may include but are not limited to republication, editing or reuse of your Individual Content in reports or deliverables created by frog design for third party clients or in frog design publications or presentations. frog design reserves the right to remove any Individual Content from this Website without prior notice. Any personally identifiable information that you submit to us in connection with your Individual Content shall be treated in accordance with our Privacy Policy.

TRADEMARKS. frog design and frog design logo are trademarks of frog design Inc. in the U.S. and other countries. FROG, FROG DESIGN, FROGTHINK, FROG DESIGN MIND, FROGMOB, and THE FRIEDOLIN (frog character) LOGO are trademarks of frog design in the U.S. and other countries. The use of any of our trademarks without our prior written consent is strictly prohibited.

THIRD PARTY INFORMATION. frog designe does not endorse or guarantee the accuracy or completeness of any Individual Content and frog design makes no warranty as to the accuracy of any such information.

LINKS TO THIRD PARTY SITES. This Website may contain links to other sites on the Internet that are owned and operated by our business partners, third party vendors or other third parties. Clicking on such a link to a third party website will cause you to leave this Website. The links are only provided as a convenience and frog design does not endorse any of these sites. We do not control the third party sites and therefore we are not responsible for the content of any third party website or any link contained in any third party website. We do not represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer, nor do we make any representation regarding the quality of any product or service contained on any such website. By using this Website to link to another website, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Website to link to a third party website.

LINKS FROM THIRD PARTY SITES. frog design prohibits unauthorized links to the Website and the framing of any information contained on the Website or any portion of the Website. frog design reserves the right to disable any unauthorized links or frames. frog design has no responsibility or liability for any material on other websites that may contain links to this Website.

NO WARRANTIES. Access to and use of this Website is provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. frog design assumes no liability or responsibility for any errors or omissions in the content of this Website. Your use of this Website is at your own risk.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FROG DESIGN BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF FROG DESIGN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WAIVER AND INDEMNITY. To the extent you submit any Individual Content to this Website, you agree to defend, indemnify and hold company, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these terms and conditions or the publication or authorized use of your Individual Content.

GOVERNING LAW. This Site is administered by frog design from its offices in California. frog design makes no representation that materials at this Website are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You may not use or export or reexport the materials on this Website, or any copy or adaptation thereof, in violation of any applicable laws and regulations including without limitation U.S. export laws and regulations. The laws of the State of California shall govern these Terms of Use and all matters relating to your access to, or use of, this Website.

Digital Millennium Copyright Act

It is the frog design's policy to fully comply with the Digital Millennium Copyright Act (DMCA), which provides a procedure for notifying a service provider about intellectual property infringement by third parties. If you have a good faith belief that infringing activity is occurring in connection with this Website, please provide written notice detailing the requisite information as set forth in Section 512(c)(3)(A) of the DMCA, which requires that a notification of claimed infringement must be by way of written communication provided to the designated agent, and that this writing includes substantially all of the following:

• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• (ii) Identification of the copyrighted work claimed to have been infringed.
• (iii) 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 the service provider to locate the material.
• (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• (v) A statement that the complaining party has 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.
• (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For the purposes of the DMCA, Company’s registered agent is: