Foggyrock Terms of Service

Welcome to Foggyrock. Foggyrock is the most powerful web site for interacting and sharing information with your personal network of contacts. To use Foggyrock, you must register as a member of the site and agree to be bound by the following terms of service (the "Agreement") as part of the registration process. If you do not agree to be bound by this Agreement after reading it, you may not use Foggyrock

You agree that we may modify this Agreement or the Privacy Policy (as defined below), in our sole discretion, by sending an e-mail, by displaying a prominent message on our site or by other appropriate means designed to inform users of the Service prior to, or on the date which the modifications enter into effect. Your continued use of the Service indicates your acceptance of the amended terms of service or Privacy Policy

The Service

The Service includes services provided on Foggyrock's Web site and services by Foggyrock's Affiliates. To use this Service, you understand and agree to the following: (a) as part of the registration process, you must submit a valid e-mail address and select a password and user name; (b) you are responsible for maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use; (c) you agree to notify Foggyrock immediately of any unauthorized use of your account; and (d) you are at least 13 years of age. Foggyrock will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that Foggyrock will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, Foggyrock in no way controls, verifies, or endorses any of the information contained on or in the Foggyrock Service, including links, events, messages, message boards and members' published listings.

Registration

As part of the registration process for the Service, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign-up shall be referred to as registration data ("Registration Data"). Foggyrock reserves the right to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual. Foggyrock reserves the right to refuse the Service to any user.

Eligibility

You must be thirteen (13) years of age or older to register as a member of Foggyrock or use the Web site. Membership in Foggyrock is void where prohibited by law. By using the Foggyrock Web site, you represent and warrant that you have the right, authority, and capacity to agree to, and abide by, this Agreement. Please be aware that Foggyrock may create certain clearly-labeled areas of the Service that contain mature content. You must be eighteen (18) years of age or older to access and view such areas. Foggyrock reserves the right to cancel the account of any user under the age of eighteen (18) that attempts to access the mature restricted areas

Term

This Agreement will remain in full force and effect while you use the Foggyrock Web site and/or are a Member. You may cancel your Foggyrock membership at any time by sending us a message via our Contact page. Once we process your request, we will remove your account from our database. Foggyrock may terminate your membership for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect.

Non Commercial Use by Members

The Foggyrock Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress.

Proprietary Rights in Content on Foggyrock

Foggyrock owns and retains all proprietary rights in the Web site and our Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of Foggyrock, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information

Content Posted on the Foggyrock Site

You also agree to the following terms regarding the content posted on the Foggyrock site: You understand and agree that Foggyrock may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Foggyrock violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Foggyrock site, or transmit to other Members.

By posting Content to any public area of Foggyrock, you automatically grant, and you represent and warrant that you have the right to grant, to Foggyrock an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content within the Service, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Foggyrock reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Foggyrock site and terminating the membership of such violators. It includes Content that:

• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; and
• solicits people you don't know to add you or accept you as a contact on Foggyrock.

Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.

You must use the Service in a manner consistent with any and all applicable laws and regulations.

You may not engage in advertising to, or solicitation of, other Members to buy or sell any commercial products or commercial services through the Service. You may not engage in advertising to, or solicitation of other members to buy or sell any personal products or services except in your personal Marketplace area. You may not transmit any chain letters or junk e-mail to other Members. Although Foggyrock cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Foggyrock Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Foggyrock reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which Foggyrock deems appropriate in its sole discretion.

We reserve the right to limit the number of times and/or the frequency with which any video or music file hosted on the Foggyrock Web site can be downloaded and played.

Copyrights and Trademarks

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Foggyrock's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Foggyrock Legal Dept., 29 Shapleigh Road, Harpswell, ME 04079.

Member Disputes

You are solely responsible for your interactions with other Foggyrock Members or third parties. Foggyrock reserves the right, but has no obligation, to monitor disputes between you and other Members or third parties.

Links to Third Party Sites

Any links included within the Foggyrock site that take users out of the Foggyrock site are not under the control of Foggyrock. Foggyrock shall not be responsible for the content of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.

Transactions with Organizations or Individuals

Foggyrock shall not be liable for your interactions with any organizations and/or individuals found on or through the Foggyrock Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Foggyrock is not responsible for any damage or loss incurred as a result of any such dealings. Foggyrock is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release Foggyrock, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.

Privacy Policy

Use of the Web site and/or the Service is also governed by our Privacy Policy.

Disclaimers

Foggyrock is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Foggyrock Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Foggyrock is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Foggyrock assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Foggyrock is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Foggyrock be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS IS" and Foggyrock expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Foggyrock cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Foggyrock or through or from the Service shall create any warranty not expressly stated herein.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Foggyrock be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Foggyrock Service, even if Foggyrock has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Foggyrock's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Foggyrock for the Service during the term of membership.

Disputes

If there is any dispute about or involving the Web site and/or the Service, by using the Web site you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law rules. You agree to the exclusive jurisdiction and venue of the Florida state courts in and for Palm Beach County, Florida and the Federal Courts in and for the Southern District of Florida.

Indemnity

You agree to defend, indemnify and hold harmless Foggyrock with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with your use of the Foggyrock Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Foggyrock retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Foggyrock herein under the terms and provisions of this Section and in no event shall you settle any such claim without Foggyrock's prior written approval.

General Practices Regarding Use and Storage

You acknowledge that Foggyrock may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Foggyrock's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Foggyrock has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Foggyrock reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Foggyrock reserves the right to modify these general practices and limits from time to time.

No Agency

The terms and provisions of this Agreement shall not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Foggyrock and any User of the Service. A Member may not bind or obligate Foggyrock without Foggyrock's prior written consent.

Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Miscellaneous

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Foggyrock Service, contains the entire agreement between you and Foggyrock regarding the use of the Web site and/or the Service. The failure of Foggyrock to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Subscription Services

Subscription Services
Some features of, or services provided through, the Web site may require a fee-based subscription (all fee-based features and/or services are referred to herein as "Subscription Services"). By purchasing Subscription Services, you agree that your subscription is personal to you and that you will not transfer or make available your account name and password to others, including without limitation your friends, co-workers and other contacts. Any distribution of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. From time to time, Subscription Services may change without notice.

Payment
Prices for Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that Foggyrock may accept from time to time), the applicable fees and taxes (if any) set forth on the Web site. Foggyrock reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Foggyrock for any reason, Foggyrock reserves the right to either suspend or terminate your access to Subscription Services.

Refund Policy
Payment for Subscription Services is non-refundable.

Automatic Renewal Program
By purchasing Subscription Services, you authorize Foggyrock to automatically renew your Subscription Services on the 1st of the month following the end of your then-current subscription. This is to ensure continuous service. You further authorize Foggyrock to charge the credit card on file for your account at the then-current subscription rate unless you provide Foggyrock with prior notice that you are canceling your subscription before the renewal date. Please note that even if you provide notice, charges applied before Foggyrock can reasonably act are non-refundable.

Cancellation/Termination of Subscription Services
You may cancel Subscription Services at any time by contacting Foggyrock customer service. Foggyrock will attempt to process all cancellation requests within 72 hours. Please contact Foggyrock customer service (http://Foggyrock.com/info/inquiry) to cancel your automatic renewal, cancel your subscription, and/or change your payment method. In addition, Foggyrock reserves the right to terminate your Subscription Services if Foggyrock determines, in its sole discretion, that you are not complying with the Terms of Service. Any such cancellation or termination is subject to the no-refund policy as described above. Please contact us with any questions regarding this Agreement.
Foggyrock is a trademark of Foggyrock, Inc.