Froogloid

Terms of Service

Froogloid LLC, a Wyoming Corporation, including its successors and assigns, (”Froogloid”) operates Key Ring™ Reward Cards.  You may only use the Application pursuant to the following terms and conditions, which you accept by your use of the Application. Use of the Application is subject to additional terms and conditions defined by our content providers (”Licensors”), which you accept by your use of the Application. Froogloid, reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. Any such modifications to the Terms of Use and Privacy Statement shall be effective within twentyfour (24) hours of being posted on the Application unless otherwise stated by Froogloid, in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Application following Froogloid’s posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Application.

LICENSE AND APPLICATION ACCESS

Froogloid grants you a non-exclusive right and license to access and use the Application for personal, noncommercial purposes. This license does not include and strictly prohibits: any resale of the Application or its contents; any collection and use of any retailer listings, descriptions, or any derivative use of the Application or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Application, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Froogloid. Any unauthorized use shall immediately terminate the licenses and rights granted by Froogloid and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Application so long as the link does not portray Froogloid, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any Froogloid, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Application without first obtaining the express written consent of Froogloid, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).

Froogloid does not guarantee continuous, uninterrupted or secure access to its services or the Application, and the operation of the Application may be interfered with by numerous factors outside or within Froogloid’s control.

CONTENT

Key Ring™ Reward Cards provides a service to manage loyalty cards, membership ID’s, and other barcoded and non barcoded cards.  Froogloid may be paid by merchants or other third parties for listing products and services on the Application and for promotions such as featured advertisements.

OTHER BUSINESSES AND LINKS TO OTHER APPLICATIONS

Froogloid may provide links to the Applications of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by Froogloid of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. Froogloid is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.

Froogloid has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Application or any business transaction that occurs as a result of loyalty cards listed on the Application.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE APPLICATION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE FROOGLOID, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH FROOGLOID, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Application, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE APPLICATION IS PROVIDED BY FROOGLOID ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FROOGLOID MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE APPLICATION, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE APPLICATION; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FROOGLOID SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. FROOGLOID DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APPLICATION OR THE SERVICES. OPERATION OF THE APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF FROOGLOID’S CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FROOGLOID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE APPLICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FROOGLOID MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE APPLICATION OR BOUGHT AND/OR SOLD USING THE APPLICATION, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM FROOGLOID ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FROOGLOID WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

CERTAIN STATE LAWS IN THE UNITED STATES 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. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE APPLICATION, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH FROOGLOID’S PRIVACY POLICY OR ANY OTHER POLICIES OF THE APPLICATION, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE APPLICATION.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Froogloid, its subsidiaries, affiliates, co-brand partners, and other parties with which Froogloid is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Application and/or your breach of the Terms of Use and Privacy Statement and/or Member Agreement, and/or resulting from any and all content you submit to Froogloid and/or the Application. Froogloid shall provide notice to you of any such claim, suit or proceeding.

GOVERNING LAW

These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Dallas, Texas, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in Texas and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in Texas. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Texas with knowledge of Internet commerce in Texas and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section.

IP OWNERSHIP AND COPYRIGHT INFRINGEMENT

Froogloid disclaims any responsibility for the content of any third party materials provided through or on its Application or other services (”Third Party Content”). Froogloid will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (”DMCA”), which may include Froogloid removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Froogloid regarding matters other than informing Froogloid that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.

Written notification must be submitted to the following Email:

• Froogloid, Inc.
  Attn: General Counsel
  Info@froogloid.com

GENERAL

If any provision of these Terms of Use and Privacy Statement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by Froogloid, in our sole discretion, to a third party. You may not assign your obligations to any other entity.

Privacy Policy:

At Froogloid, LLC. (”Froogloid”) we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address (”personal information”).  Your privacy is EXTREMELY important to us and never would we do anything to compromise trust.  We value our own provacy and we know you do to!

In order to provide you with the Services you request, Froogloid may require that you first provide certain personal information, which we determine is reasonably necessary in order for us to fulfill your request. If you indicate an interest in participating in a Service, we will identify what specific personal information you must provide prior to collecting such information. Any personal information which we collect from you will only be used for the purposes identified in this Privacy Statement, the Froogloid Terms of Use with Froogloid, and as may otherwise be indicated at the time the information is collected. To update, modify or delete any personal information you provide to us with respect to a Service you may access your account with Froogloid, make the changes on and submit the same to Froogloid.

Froogloid will not disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of Froogloid in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) Froogloid determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of Froogloid, its subsidiaries, affiliates, co-brand partners or other parties under contract with Froogloid, our users, or others.

In certain instances, Froogloid may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked “optional” (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.

Our applications collect from Application visitors’ statistical information regarding what barcodes are scanned, pages are visited, the date and time of the visits, how long it took a user to download a page, debugging/crash data, the, IMEI and TCP/IP address of the user. These automated Application functions do not collect this information in a manner intended to identify your individual use of the Application, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality Application, as well as, providing necessary traffic information to our advertisers. We may contract with several online partners to help manage and optimize our Internet business and communications. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our Application. To do this, we chose to use Web beacons and cookies provided by our marketing company on this Application.

The Application may contain links to web sites of third parties. Froogloid is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. Froogloid adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Application may misuse or abuse your personal information that they may collect from the Application.

Mobile-specific information we collect:

• We make a very concious effort to not collect any personally identifying information, however there are instances when we will collect is what you tell us about yourself. For example, your email address if you register for Key Ring.   If you choose to share such information, we will never provide it to 3rd party unless it’s required to sign up for a 3rd party service.  You will be notified if such information is going to be shared at the time of signing up for a 3rd party service.
• Most of the other information we collect for mobile, such as your device and hardware IDs and device type, the request type, your carrier, your carrier user ID, and the content of your request, does not by itself identify you to Froogloid, though it may be unique or consist of or contain information that you consider personal.
• Froogloid may leverage location information.  This information may reveal your actual location, such as GPS data, or it may not, such as when you submit a partial address to look at a map of the area or when course location is used to triangulate your approximate position using cellular towers.  Based on this information Froogloid may present location based alerts such as nearby loyalty card retailers, coupons, and may organize card lists based on the closest retailer in your list.  Personally identifiable location information will not be shared with 3rd parties.
• Registration information such as password and email addresses will not be shared with 3rd parties.  This information is used to provide security and remote card backup options in the application.

Uses

• We use your information to process and personalize your requests. We also use the information for support, to develop new features, and to improve the overall quality of Froogloid’s products and services.
• We may also use the information to show you a history of your activity, to provide you with statistics about you or your use of our product or service, or to provide you with a better user experience.

Information sharing and onward transfer

• All requests must be sent through your mobile carrier’s network and your carrier may have access to it. For information regarding your carrier’s treatment of your information, please consult your carrier’s privacy policies.
• We may share your usage information such when and where you use certain loyalty cards.  3rd parties may be interested in such information for statistical purposes and marketing campaigns.  We will NOT share personally identifiable information such as email address or user name.
• Certain of our products and services allow you to interact and share your information with others. Please consider carefully before disclosing any personal information or data that might be accessible to others.

Copyrights and Trademarks

All content, graphics, format, design, retailer lists, the user interface and other copyrighted material on the Application (collectively, “materials”) are protected by copyright law and other intellectual property laws, and are owned by Froogloid and/or its licensors (as the case may be). The materials from the Application are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Application; and Froogloid has, in its sole discretion, given its prior written approval to such use of the Application’s materials. Any requests to re-use the Application’s materials should be sent to: info@froogloid.com.

Froogloid™, Key Ring™, ScanWow™, CardCare™, KeyFree™, CardGlare™, CardWare™, KeyCard™, SkanTips™, KeyCare™, KeyLess™, CardWiz™, ScanWiz™, CardKeeper™, CardFile™, LifeTime™, CodeKeeper™, Load-a-Code™, CodeMode™ CardGuard™ and CardYard™, SafeCard™, SafeGuard™, LifeGuard™ are all trademarks of Froogloid, LLC. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Application are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the Froogloid trademarks, are protected by US law, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries.

Copyright © 2008-2009 Froogloid Inc. All rights reserved.