- Use of Site. You have access to services on this Site provided you do not modify, alter or download (other than page caching) any portion of it. The permission granted to you to use the Site and our services shall terminate automatically if you breach any of these Terms. We reserve the right to modify or remove any materials or products listed on the Site at any time without notice. You must follow any instructions set forth on the Site and not misuse the Site or our services.
- Prohibited Use of Site. You shall not make any commercial use of this Site or its contents. You further agree not to download or copy any information for the use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Frosty Acres’ express written consent. You agree not to interfere, disrupt or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store or transmit viruses, Trojan horses or any other malicious code or program or engage in any other activity deemed by us to be in conflict with the spirit or intent of these Terms.
- Equipment. You shall be solely responsible for all hardware, software, electrical and other physical requirements required to access and use the Site, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs and services.
You may set up an account with Frosty Acre on the Site. To protect your account, you should use a strong password with different numbers, letters and characters. You should keep your password confidential.
- Security. You shall be solely responsible for any authorized or unauthorized access to your account by any person as well as all activity that happens on or through your account. You agree to bear all responsibility for the confidentiality of your password, for maintaining the confidentiality of your account, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content for any reason at our sole discretion.
- Accessibility. From time to time this Site may be inaccessible or inoperable for various reasons, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond our control or which are not reasonably foreseeable. You agree that you have no right to access the Site or your account at any specific time. Frosty Acre may add or remove functionalities or features at any time and may suspend or stop a service at any time. You may stop using your account at any time, although we would be sorry to see you go.
Ownership of Intellectual Property
Using our Site does not give you ownership of any intellectual property rights to the content you access or any services. You may not use content from the Site unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used Frosty Acres. Do not remove, obscure, or alter any legal notices displayed on the Site.
- Trademarks. Trademarks, service marks and logos (“Trademarks”) used and displayed on this Site are registered and unregistered Trademarks owned by Frosty Acres or others. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other “hidden text” utilizing Trademarks. Any unauthorized use terminates the permission or license granted.
- Copyrighted Works. All content contained on this Site, including but not limited to images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communications programs, Internet links, electronic mail services, user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases, are owned by others. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the Site. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Disclaimer of Warranties
FROSTY ACRES AND ITS MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS PROVIDE THIS SITE AND PRODUCTS OFFERED ON THIS SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FROSTY ACRES AND ITS MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS DO NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FROSTY ACRES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FROSTY ACRES DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FROSTY ACRES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FROSTY ACRES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES OR PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL FROSTY ACRES TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $100.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN ALL CASES, FROSTY ACRES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to indemnify, hold harmless and defend Frosty Acres, its members, governors, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) your breach of any of these Terms; (b) your use of this Site, including any data or work transmitted or received by you; and (c) any prohibited use of the Site.
These Terms are effective upon your use of the Site. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate or amend these Terms.
We shall have the right, at any time and without notice, to add to or modify these Terms. Your access to or use of the Site after the date such amended terms are delivered to you or after the date they are posted on the Site shall be deemed to constitute acceptance of such amended terms.
No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any of these Terms is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable. If a particular term is not enforceable, this will not affect any other terms.
These Terms and any disputes arising out of or relating to these Terms shall be governed by the laws of the State of Georgia, without reference to conflicts of laws.
All actions, claims or disputes arising under or relating to these Terms shall exclusively be brought in the federal or state courts in the State of Georgia. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Georgia. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Georgia and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Georgia.