Terms of use of frogans.com
The Terms of Use of the frogans.com site (hereafter called "the Site") set forth an agreement between the Site user (hereafter called "you" or "the User") and STG Interactive (hereafter called "the Provider"), a Societe Anonyme incorporated under French law with share capital of 1,351,400 euros, registered in the Paris Business and Companies Registry under no. B 428 738 546, whose registered office is located at 29 avenue Mozart, 75016 Paris, France. The Site belongs to and is managed by the Provider.
The Provider provides you with access to and use of the Site and its contents (hereafter called "the Contents"), defined as all web pages, in particular containing all information, databases, data, software, files, texts, messages, images, photographs, music, audio and video animations, user interfaces created by the Provider and its services (hereafter called "the Services"), provided that you undertake to comply with these Terms and Conditions of Use, which the Provider shall be free to amend at any time without notice. You should therefore regularly consult these Terms and Conditions, which are displayed on the Site with their amendments.
The use of the Site by minors is subject to the express prior authorisation of the person exercising parental authority, and is placed under the control and full responsibility of that person.
In order to use all or part of the Site, you must unconditionally accept all the Terms and Conditions of this Agreement. If you do not wish to be bound by theses terms, you must not use the Site.
Use of Site Services
The User hereby expressly acknowledges that the services do not, under any circumstances, include the provision of Internet access, and that the costs of Internet access and telephone communications relating thereto are payable by the User.
The Site Services and the access methods thereto may be modified at any time without prior notice to the User. These Services are supplied "as is". The Provider will do its best to provide reliable Services on the Site, but cannot be held liable for any residual faults existing on the Site.
You may not reproduce, copy, sell, resell or exploit for commercial purposes of any kind all or part of the Site Services, any use of the Services or any right of access to the Site Services by any means (in particular by the framing technique) without the Provider's express prior agreement.
In order to use the whole Site, including subscription to the Frogans Addressing Service and the Subscriber Account, you must configure your browser to accept "session cookies" (i.e. cookies which only last during your use of the Site). For more information about cookies, you can consult the Provider's Privacy Policy on the site.
Frogans Address Testing
The Frogans Address testing service is provided free of charge on the Site. An online form enables you to test a Frogans Address with the sign(s) of your choice. The answers to the Frogans Address test are meant to inform you whether the signs chosen with a view to subscribing to the Frogans Addressing Service are available or not. These answers will also tell you whether your choice conforms to the Frogans Address Format, and whether any signs are prohibited or reserved.
An answer to your online Frogans Address test which indicates that a Frogans Address is available does not under any circumstances guarantee the actual availability of that Frogans Address except at the moment of the test, nor does it constitute a booking or subscription to the Frogans Addressing Service. The availability of the Frogans Address is only confirmed when it is added to your selection.
Subscriber Database
The Subscriber Database consultation service is supplied free of charge on the Site, on the Frogans Address test results page. It enables you to obtain administrative and technical information about the Addressing Services subscribed for a Frogans Address.
Subscription to a Frogans Addressing Service
The terms of use of the Frogans Addressing Service subscription are not governed by this Agreement, but defined in the Frogans Addressing Service Agreement which can be consulted on the Site.
Frogans Addressing Service Management ("Subscriber account")
The terms of use the Subscriber Account are not governed by this Agreement, but form an integral part of the Frogans Addressing Service Agreement which can be consulted on the Site.
Recommending Site to third parties by e-mail ("Tell a Friend")
The "Tell a Friend" service is provided on the Site free of charge. It enables you to send an e-mail from the Site under your sole responsibility to one or more third parties to tell them about the existence of the Site, its Contents and the Services, and in general about the possibilities offered by Frogans on the Internet.
Software Downloads
The software download service is provided on the Site free of charge. Each program covered by this service has its own licence, which you should read and accept before use.
Downloading the Provider's Proprietary Materials
The Provider's Proprietary Materials downloading service, i.e. the logos, trademark, links and screenshots, is a free licence to use the Provider's intellectual property rights on its Proprietary Materials, thereafter "the Proprietary Materials", only for non-commercial purposes of information about its services or allowing users of your website to access the services provided on the Site.
With this limited-purpose, non-exclusive, revocable, non-assignable, non-transferable license, the Provider grants you the use of its intellectual property rights in the Proprietary Materials, and reserves the right to change their appearance and content at any time without notice, under the following conditions: (i) you shall not reproduce, make copies of, distribute or otherwise use the Proprietary Materials except as permitted by these Terms of Use; (ii) you shall not create derivative works based on the Proprietary Materials; (iii) you shall ensure that the Provider's current copyright, trademarks, or other proprietary notices, which may be updated from time to time, are displayed in connection with the logos, trademarks and screenshots. The copyright notice of the Provider's intellectual property rights shall read as follows: "Copyright © 2000-2003 STG Interactive. All rights reserved". The trademarks notice of the Provider's intellectual property rights shall read as follows: "Frogans and the Frogans logo are trademarks of STG Interactive". When using a screenshot, you must include the following credit adjacent to the reproduction of the screenshot: "Reproduced with the permission of STG Interactive"; (iv) the Provider's Proprietary Materials may not be used to suggest sponsorship by, or affiliation with, or endorsement by the Provider or to diminish or otherwise damage its good will in its trademarks; (v) the Provider's Proprietary Materials may only be used in the exact sizes, shapes, colors, designs, and configurations as found; (vi) you may not use the Provider's Proprietary Materials to sell a product or service, or to increase traffic to your website for commercial reasons; (vii) you shall not remove or obscure any copyright, trademarks, or other proprietary rights notice already present on the Proprietary Materials.
The Provider shall not have any liability to you and you agree to defend and hold it harmless against all damages, costs, liabilities, expenses deriving from any claim, judgment, or loss arising from any claim of patent, trademark, or copyright infringement based on use by you of its Proprietary Materials.
Unlawful or Prohibited Use of the Site
By connecting to the frogans.com website, you undertake not to use it for unlawful purposes or any purpose prohibited by these Terms of Use. In particular:
1. You must not use the Site, its Contents or its Services in any way liable to damage, impede, overload or hinder their operation or that of the technical networks connected to the Site, or interfere with the use and enjoyment of the frogans.com website by others.
2. You may not evade any prohibition on access to the Site, or to any computer system or connected network or the Provider, by hacking, password extraction or any other means.
3. You may not search for or obtain any information or data by any other means than those provided for such purpose on the Site.
4. You may not use automatic surfing or downloading software. Only navigation on the site with a conventional web browser is allowed
5. After you have tested a Frogans Address and found that it is available for subscription to the Frogans Addressing Service, you must not add this Frogans Address to your selection under any circumstances if it consists of distinguishing signs over which a third party holds the sole intellectual or industrial property rights. Such an addition by you would not only make it at least temporarily impossible for that third party to subscribe to the Frogans Addressing Service for that address, but could also give rise to a variety of sanctions for infringement or unfair competition.
6. You must not maintain Frogans Addresses not destined for subscription by you to the Frogans Addressing Service in your selection for more than twenty (20) minutes as such maintenance of the Frogans Addresses in question in your selection would prevent subscription by a third party to the Addressing Service relating to those Frogans Addresses. A function is available which allows you to delete Frogans Addresses that you do not want to retain in your selection.
7. You must not validate the creation of a Subscriber Account unless you intend to subscribe to the Frogans Addressing Service relating to the Frogans Address(es) contained in your selection.
8. The Subscriber Database consultation service is supplied by the Provider for the sole purpose of assisting you in your search for administrative and technical information about the Addressing Services subscribed. You must not use this service for any other purpose; in particular you must not allow or make possible the distribution or transmission by any means of any unsolicited or unauthorised advertising or promotional material.
9. You must not use the "Tell a Friend" service by performing unacceptable cross-posting or bulk unsolicited e-mailing (spam), or supplying false e-mail addresses or false information about yourself. You must not use inappropriate words or expressions in the fields made available to you, such as the addressee's e-mail address, your name or e-mail address, the subject of the message or the personal message sent.
10. You must not download the software made available on the site with a view to transmitting or distributing it to third parties by any means, and in particular must not allow it to be downloaded from your own website or those of third parties, without the Provider's express prior consent.
Contents of frogans.com Site, Copyright and Trademarks
The name Frogans and the Frogans logo (consisting of two superimposed rectangles, one yellow and one blue) are trademarks registered by the Provider which benefit from worldwide protection. The other trademarks referred to on the Site are trademarks registered by their respective owners.
All contents which may be displayed in the Site are owned by the Provider and/or its suppliers and partners, and are protected by copyright legislation and the terms of international treaties.
The Frogans published by the Provider are solely owned by the Provider.
Notwithstanding, in the framework of the subscription to the Addressing Service, the Provider obviously grants the Subscriber the right to use personally its Frogans Address, including the Frogans trademark which always constitute the first part of any Frogans Address.
Links Provided on the Site
The Site may contain links to other websites or other Internet sources over which the Provider has no control; it therefore cannot accept any liability for their contents. The inclusion of the said links does not mean that the Provider approves of the contents of such sites, nor that it is associated in any way with the operators of those sites. You should read their terms of use carefully and comply with them.
The integration of an image-link on your website leading to the Site, whatever it is, does not constitute a trade agreement between you and the Provider, and does not yield any kind of royalty.
All modifications to the shape and graphic composition of the image links are prohibited.
You may also place a hypertext link to the Provider's Site: http://www.frogans.com/ on your own website.
Limitation of liability
THE PROVIDER MAY NOT BE HELD LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT LOSS, INCLUDING LOSS OF PROFITS, LOSS OF CUSTOM, LOSS OF DATA, OR OTHER LOSS OF INTANGIBLE PROPERTY (EVEN IF THE PROVIDER WAS INFORMED OF THE RISK OF SUCH LOSS) WHICH MAY OCCUR AS A RESULT OF:
(I) DELAYS OR INTERRUPTIONS IN CONNECTION, (II) THE USE OR IMPOSSIBILITY OF USING ALL OR PART OF THE SITE AND ITS SERVICES, (III) FORCE MAJEURE, (IV) ABSENCE OF DATA TRANSMISSION OR IRREGULAR TRANSMISSION, (V) DELETION OR IMPOSSIBILITY OF STORING MESSAGES SENT BY E-MAIL, (VI) UNAUTHORISED ACCESS TO THE SITE AND ITS SERVICES AND INTERCEPTION OF MESSAGES OR WEB PAGES ON THE SITE BY A THIRD PARTY WITH UNLAWFUL INTENT, (VII) UNAUTHORISED OR IMPROPER USE ON THE SITE OF THE SUBSCRIBER'S LOGIN AND PASSWORD, (VIII) ERRORS, OMISSIONS OR TYPOGRAPHICAL ERRORS IN THE INFORMATION OR SERVICES SUPPLIED ON THE SITE IN PERFORMANCE OF THESE TERMS AND CONDITIONS OF USE, (IX) ERRORS CAUSED BY TECHNICAL MALFUNCTIONS IN THE FROGANS ADDRESS TESTING SERVICE AND CHECKS ON THE VALIDITY OF A FROGANS ADDRESS SELECTED, (X) INCORRECT OR OUTDATED INFORMATION DISPLAYED IN THE RESULTS OF, (XI) INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS INFRINGED BY A THIRD PARTY BY SELECTING A FROGANS ADDRESS CONSISTING OF ONE OR MORE SIGNS OVER WHICH IT DOES NOT HOLD SUCH RIGHTS, (XII) TEMPORARY OR PERMANENT UNAVAILABILITY OF A FROGANS ADDRESS FOR ANY REASON AT THE TIME WHEN THE FROGANS ADDRESS TEST SERVICE IS USED OR AN ATTEMPT IS MADE TO SUBSCRIBE TO THE FROGANS ADDRESSING SERVICE, (XIII) DELAY BY THE PROVIDER IN PROCESSING DATA SENT TO THE SITE FOR THE PURPOSE OF OBTAINING THE SITE SERVICES.
Disclaimer
THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND IN PARTICULAR ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDER MAKES NO WARRANTY THAT ITS SITE, CONTENTS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IT. YOU UNDERSTAND AND AGREE THAT ANY DATA OBTAINED IN ANY OTHER WAY IS OBTAINED AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING SUCH DATA. YOU UNDERSTAND AND AGREE THAT ANY ADVICE OR INFORMATION, WHETHER WRITTEN OR VERBAL, OBTAINED BY YOU FROM THE PROVIDER OR DURING USE OF THE SITE CANNOT BE DEEMED TO CREATE ANY GUARANTEE OTHER THAN THOSE EXPRESSLY SPECIFIED IN THIS AGREEMENT OR SUCH WRITTEN DOCUMENTS.
Termination
The Provider reserves the right to suppress and/or suspend access to all or part of the Site or any of its functions without notice or compensation, insofar as it has the technical ability to do so, if the User should fail to comply with any of its obligations hereunder, and in particular after a report by an Internet user to the address abuse@frogans.com that the User has used the Site, its Contents or its Services in a way contrary to law, morals or public order, or in a way liable to prejudice third parties.
Miscellaneous
The present Terms and Conditions of Use of the Site constitute the entire agreement between the Provider and the User as regards the use of the Site, and the current version thereof displayed on the Site replaces any earlier version.
You may also be bound by additional conditions of use specifically relating to certain services, third parties' contents or third parties' software, which will be notified to you when you access those services, contents or software.
Failure by the Provider to exercise its rights hereunder shall not constitute waiver thereof.
If any of the terms of the Agreement should be held to be null and void, that term shall be ignored, and shall not affect the validity of the other terms hereof.
Disputes and Applicable Law
These Terms of Use, and any dispute relating to the construction or performance thereof, shall be governed by French law. The French courts in Paris shall have sole jurisdiction over any dispute relating to the performance of this Agreement or the Services supplied by the Provider.
The original version of the Terms of use of the frogans.com website is in French. If any dispute should arise, the French version shall prevail over any translations which may exist in other languages.
Last updated: July 01, 2003 (version 1.2).
©2008 STG Interactive