Acceptance of the terms of use

Legal Information
 

Acceptance of the Terms of Use

These terms of use ("Terms of Use") are entered into by and between you and Bye Frosty("Bye Frosty", "we" or "us"). The following terms and conditions govern your access to and use of www.byefrosty.com (the "Site"), including any content, functionality and services offered on or through the "Site" whether as a guest or a registered user.
 

Please read these Terms of Use carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Site.
 

The Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.
 

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.
 

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
 

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with the Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
 

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Content”), are owned by Bye Frosty, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
 

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, digitize, translate, distribute, commercially exploit, store or transmit any of the material on our Site, except as follows:
 

If we provide social media features with certain Content, you may take such actions as are enabled by such features. Without Bye Frosty’s express written permission, You must not:

• Modify copies of any Content.
• Use any illustrations, photographs, video or audio      sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other      proprietary rights notices from Content.
• You must not access or use for any commercial purposes      any part of the Site or any services or Content available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Bye Frosty. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
 

User Generated Content

You retain ownership of User Generated Content (as defined below) submitted to the Site.  However, User Generated Content will be considered Content and will be treated as non-confidential and non-proprietary and you understand that Bye Frosty does not guarantee any confidentiality with respect to the User Generated Content.  By submitting User Generated Content to Bye Frosty, you agree to grant, and shall be deemed to have automatically granted, to Bye Frosty an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such Content for the purpose of operating, promoting and improving the Site and Bye Frosty’s services and to develop new ones. You represent and warrant that you have the right, power and authority to grant the foregoing license. You agree that User Generated Content that you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the User Generated Content and grant to Bye Frosty all of the license rights granted herein. You agree to release, discharge and agree to hold harmless Bye Frosty from any and all claims or liability, whether known or unknown, in connection with the publication, production, processing, distribution or exploitation of Content posted by you, including any claims of infringement of any rights of publicity or rights of privacy. Bye Frosty reserves the right to remove User Generated Content without notice.
 

You acknowledge, consent and agree that Bye Frosty may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce these Terms of Use and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety or interests of Bye Frosty, other users of the Site (“Users”), or the public.
 

If you believe that any of the content on the Site infringes your copyright or trademark rights or your rights of publicity, please contact joe@byefrosty.com.
 

Trademarks

The Bye Frosty name, the terms Bye Frosty, the Bye Frosty logo and all related names, logos, product and service names, designs and slogans are trademarks of the Bye Frosty or its affiliates or licensors. You must not use such marks without the prior written permission of the Bye Frosty. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal,      state, local or international law or regulation (including, without      limitation, any laws regarding the export of data or software to and      from the US or other countries).
• For the purpose of exploiting, harming or attempting to      exploit or harm minors in any way by exposing them to inappropriate      content, asking for personally identifiable information or otherwise.
• To impersonate or attempt to impersonate the Bye Frosty,      a Bye Frosty employee, another user or any other person or entity      (including, without limitation, by using e-mail addresses or screen      names associated with any of the foregoing).
• To engage in any other conduct that restricts or      inhibits anyone's use or enjoyment of the Site, or which, as determined by      us, may harm the Bye Frosty or users of the Site or expose them to      liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable,      overburden, damage, or impair the site or interfere with any other party's      use of the Site, including their ability to engage in real time      activities through the Site.
• Use any robot, spider or other automatic device,      process or means to access the Site for any purpose, including monitoring      or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the      material on the Site or for any other unauthorized purpose without our      prior written consent.
• Use any device, software or routine that interferes      with the proper working of the Site. · Introduce any viruses, trojan horses, worms, logic      bombs or other material which is
• malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with,      damage or disrupt any parts of the Site, the server on which the Site is      stored, or any server, computer or database
• connected to the Site.
• Attack the Site via a denial-of-service attack or a      distributed denial-of-service attack.
• Upload, post, email, transmit or otherwise make      available any unsolicited or unauthorized advertising, promotional materials,      “junk mail,” “spam,” “chain letters,”
• “pyramid schemes” or other form of solicitation;
• Harvest or otherwise collect or store the name, email      address or any other personal or confidential information of any User      without such User’s consent, by electronic or other means for any reason,      including, without limitation, the purpose of sending unsolicited email;
• Upload, post, transmit, share, store or otherwise make      publicly available any personally-identifiable information of any third      party, including but not limited to addresses, phone numbers, e-mail      addresses, social security numbers and credit card numbers;
• Upload, post, email, transmit or otherwise make      available any Content that is unlawful, harmful, threatening, abusive,      harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of      another’s privacy, embarrassing to others, untrue or inaccurate, hateful,      or racially, ethnically or otherwise objectionable;
• Upload, post, email, transmit or otherwise make      available any Content that contains images of or information about      children or discloses details which could enable a child or his exact      location to be identified (without obtaining prior consent from the      child’s parent or legal guardian), or in which children are      inappropriately dressed or depicted in a submissive or sexually suggestive      manner;
• Forge headers or otherwise manipulate identifiers in      order to disguise the origin of any
• Content transmitted through the Website;
• Intentionally or unintentionally violate any applicable      local, state, national or international law; or 
• Take any action that is contrary to Bye Frosty’s public      image, goodwill, reputation or mission.
• Otherwise attempt to interfere with the proper working      of the Site.

Reliance on Information Posted

The Content presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
 

This Site may include Content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by the Bye Frosty, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Bye Frosty. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Consent to Electronic Communications
 

When you visit the Website or send emails to Bye Frosty, you are communicating with Bye Frosty electronically. You consent to receive communications from Bye Frosty electronically. Bye Frosty may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Bye Frosty provides to you electronically satisfy any legal requirement that such communications be in writing.
 

Changes to the Site

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on the Site is subject to our Privacy Notice. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
 

The Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to      certain content on the Site.
• Send e-mails or other communications with certain      content, or links to certain Content, on the Site (the “User      Generated Content”).
• Cause limited portions of content on the Site to be      displayed or appear to be displayed on your own or certain third-party      websites.

You may use these features solely as they are provided by us. You must not:

• Establish a link from any website that is not owned by      you.
• Cause the Site or portions of it to be displayed, or      appear to be displayed by, for example, framing, deep linking or in-line      linking, on any other site.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials      on the Site that is inconsistent with any other provision of these Terms      of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
 

Children’s Online Privacy Protection Act

Congress has enacted a law called the Children’s Online Privacy Protection Act of 1998 (COPPA) which is designed to protect children’s privacy during use of the Internet. Bye Frosty does not direct content at, and will not request personally identifying information or content from, anyone under the age of 13. Bye Frosty will promptly delete any Personal Information we have collected about a user less than 13 years of age if we become aware that we have collected such Personal Information.

Geographic Restrictions

The owner of the Site is based in the state of Connecticut in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BYE FROSTY NOR ANY PERSON ASSOCIATED WITH BYE FROSTY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BYE FROSTY NOR ANYONE ASSOCIATED WITH BYE FROSTY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BYE FROSTY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL BYE FROSTY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Bye Frosty, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Governing Law and Jurisdiction
 

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Bye Frosty's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by Bye Frosty of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and
 

any failure of Bye Frosty to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Survival

Survival. The following provisions of these Terms of Use shall survive the termination of your access to the Site: Intellectual Property Rights, Limitation of Liability, Indemnification and Disclaimer.

Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Bye Frosty with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
Your Comments and Concerns
 

The Site is operated by Bye Frosty at 30 Chestnut Street, Greenwich, Connecticut 06830, United States.
 

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to joe@byefrosty.com.