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Terms of Use and Privacy Policy

WELCOME TO FROOMBA! We hope you find us userful.

By accessing our servers, websites, or content therefrom (together, "Froomba"), you agree to these Terms of Use ("TOU"), last updated October 23, 2016.

LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license to access FROOMBA in compliance with the TOU; unlicensed access is unauthorized.

You agree not to license, distribute, make derivative works, display, sell, or "frame" content from Froomba, excluding content you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with Froomba, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information.

MODERATION. You agree we may moderate FROOMBA access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to Froomba, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and Froomba is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your FROOMBA use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("FROOMBA ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) FROOMBA ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR (likely, $0).

CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your FROOMBA use is governed by Nevada law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Reno, NV (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against FROOMBA Entities; (6) (except government agencies) to indemnify FROOMBA Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your FROOMBA use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

MISC. This is the exclusive and entire agreement between us. If you feel content infringes your rights, you have the right to not use Froomba.

 

PRIVACY POLICY

This policy details how data about you is used when you access Froomba websites and services or interact with us.

  1. Protecting your privacy
  • We take precautions to prevent unauthorized access to or misuse of data about you.
  • We do not run ads, other than the classifieds posted by our users.
  • We do not share your data with third parties for marketing purposes.
  • We do not engage in cross-marketing or link-referral programs.
  • We do not employ tracking devices for marketing purposes.
  • We do not send you unsolicited communications for marketing purposes.
  • We do not engage in affiliate marketing (and prohibit it on Froomba).
  • We do provide email proxy & relay services to reduce unwanted email.
  • Please review privacy policies of any third party sites linked to from Froomba.
  1. Data we use to provide/improve our services and/or combat fraud/abuse:
  • data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
  • web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
  • data collected via cookies (e.g. search data and "favorites" lists).
  • data about your device(s) (e.g. screen size, DOM local storage, plugins).
  • data from 3rd parties (e.g. phone type, geo-location via IP address).
  1. Data we store
  • We retain data as needed for our business purposes and/or as required by law.
  • We make good faith efforts to store data securely, but can make no guarantees.
  • You may access and update certain data about you via your account login.
  1. Circumstances in which we may disclose user data:
  • to respond to subpoenas, search warrants, court orders, or other legal process.
  • to protect our rights, property, or safety, or that of users of Froomba or the general public.
  • with your consent (e.g. if you authorize us to share data with other users).
  • in connection with a merger, bankruptcy, or sale/transfer of assets.
  • in aggregate/summary form, where it cannot reasonably be used to identify you.

 

International Users - By accessing Froomba or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States.