Terms and Conditions

Welcome to the TreeFrog Software Limited (referred to as "TFS," "we," "us," or "our" herein) web site (the "Web Site"). The goal of this Web Site is to provide you with access to comprehensive information about TFS. Please read our Terms of Use (the "Terms") carefully before continuing with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. If you do NOT agree with these Terms, do not use this Web Site. TFS reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

This Web Site will permit you to link to other web sites, that may or may not be affiliated with TFS, and that may have a terms of use Policy that differ from, or contain terms in addition to, the terms specified herein, particularly in the case of web sites hosting third party content or that allow purchase capability. By accessing such web sites through links provided on this Web Site, you agree to abide by those applicable terms or policies as therein specified.

Registration data and certain other information about you are subject to our Privacy Policy. For more information, please contact TFS.

All content on this Web Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by TFS or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to TFS. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, noncommercial use. Such content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed and/or exploited in any way, including by e-mail or other electronic means for commercial use. Without the prior written consent of TFS or the Providers, modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, noncommercial use is a violation of TFS and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition of your use of this Web Site, you warrant to TFS, that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of further notice. TFS retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on the Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of TFS.

This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are linked for your convenience only and, as such, you access them at your own risk. TFS is not responsible for, and does not endorse, the content of Linked Sites, whether or not TFS is affiliated with the owners of such web sites.

All content on this Web Site is provided "as is" and without warranties of any kind either express or implied. TFS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the UK laws applicable to these Terms, are implied by law and are incapable of exclusion, restriction or modification. Neither TFS, its affiliated or related entities, nor the Providers, nor any person involved in the creation, production, and distribution of this Web Site warrant that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available is free of viruses or other harmful components. The content that you access on this Web Site is provided solely for your convenience and/or marketing purposes. TFS does not warrant or make any representations regarding the results that may be obtained from the use of this Web Site, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Web Site.

You expressly agree that use of this Web Site is at your sole risk. You (and not TFS) assume the entire cost of all-necessary servicing, repair or correction of your system. You expressly agree that neither TFS, nor its affiliated or related entities (including its Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this Web Site is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this Web Site or any other Linked Site. By way of example, and without limiting the generality of the foregoing, TFS and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this Web Site. You expressly acknowledge and agree that TFS is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

You agree to indemnify, defend and hold harmless, TFS, its officers, directors, employees, affiliates, agents, licensors, suppliers and of the Providers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms.

Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or marketing purposes. This Web Site is controlled and operated by TFS from its offices at TreeFrog House, Prenton Way, Prenton, Wirral, CH43 3DU, UK. TFS makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by, construed and enforced in accordance with the laws of the United Kingdom, as it is applied to agreements entered into and to be performed entirely within this country. Any action you, any third party or TFS bring to enforce these Terms or, in connection with, any matters related to this Web Site shall be brought only in the courts of the United Kingdom, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The provisions and conditions of these Terms and each obligation referenced hereto represent the entire Agreement between TFS, its affiliated or related entities and you and supersede any prior agreements or understandings not incorporated herein. In the event inconsistencies exist between these Terms and any future published Terms or understanding, the last published Terms shall prevail. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

We at TFS recognise the importance of protecting the privacy of individual-specific information ("Information") collected about our customers and prospective customers (referred to as "Customers," "you" or "your"). This privacy statement applies to all Web Sites and domain names owned by TFS (referred to as site or sites herein) and discloses what information we gather, how we use it, and how to correct or change it. At TFS, it is our intention to give you as much control as possible over your privacy concerning your Information and the use we make of it in the course of our business. TFS gathers two types of information about Customers: data that Customers provide through optional, voluntary registration on our sites and data TFS gathers through aggregated tracking, mainly by tallying page views and movement throughout our sites. Such information enables us to tailor our content to Customers' needs better and to help our partners better understand the requirements of our customers. However, be assured that TFS will not disclose any of your Information to third parties without your consent, except as may be noted in this Privacy Policy.

A) Optional registration Information is collected by specifically requesting it from you. Generally, this occurs when you register at a site or request information or a service. Usually, TFS sites and their necessary service partners use your Information to operate the site and to deliver their services. At your request, TFS sites also use your Information to inform you of news or other products and services available from TFS and its affiliates.

B) Use Of IP Addresses or Domain Names TFS collects IP addresses or domain names for the purposes of system administration, to report aggregated information to our partners, and to audit the use of our site. We can and will use IP addresses or domain names to identify a Customer when we feel it is necessary to enforce compliance with our Terms of Service, to protect our service, site, customers or others or when required by the police force or any government agency.

C) Use Of Cookies TFS may employ cookie technology on its sites. Cookies are tiny elements of data that a web site transfers to your hard drive for record-keeping purposes. Cookies allow us to save your preferences while you are at our site. We never save passwords or credit card information in cookies. The use of cookies is an industry standard, and as such, you will find them at most major Web sites.

TFS has two primary uses for its cookies. First, we use them to specify preferences. For example, Customers can specify keywords across several categories or markets so you do not have to tell us repeatedly about the kinds of products you want to see. Secondly, we use cookies to track Customer trends and patterns. This helps us understand our Customer's needs better and improve areas of TFS's service that our Customers find valuable. While both of these activities depend on the use of a "cookie," you always have the option of disabling cookies via your browser preferences.

As a rule, TFS will not disclose any personal Information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below.

The following sections describe some of the ways that your Information may be disclosed.

TFS may disclose some or all your Information to our business partners or sponsors, but this use will be specifically described to you prior to data collection or prior to transferring the data. Many promotions offer opportunities to request additional Information from sponsors. By requesting more information, you give TFS permission to transfer your information to the sponsor so they can fulfil your request. In many instances, only your e-mail address will be shared. If more Information will be shared with the sponsor, you will be notified prior to the transfer.

TFS may disclose aggregated Customer statistics (for example, 50% of our Customers are male) in order to describe our services to prospective partners, or other third parties, and for other lawful purposes.

TFS may also disclose your Information in special cases when we have reason to believe that disclosing this Information is necessary to identify, contact or bring legal action against someone who may be violating TFS's Terms of Service or may be causing injury to or interference with (either intentionally or unintentionally) TFS's rights or property, other TFS Customers, or anyone else that could be harmed by such activities. TFS may disclose or access account Information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.

In case you change your mind or some Information changes (such as your postcode or e-mail address), we will endeavour to provide a way to correct, update or remove the Information you give us. Additionally, to keep you in control of the communications directed to you, we offer Customers the opportunity to "opt out" of having Information shared with parties outside of TFS. If a Customer wishes to update Information or objects to any usage provided herein for any reason, he/she may e-mail the requested change to: contact@treefrogsoftware.co.uk.

TFS's site may contain links to other sites such as industry trade organisations and publications, our business partners and other sites that we believe may be useful to our Customers. These other sites may include sites of sponsors or partners that may use TFS's logo as part of a co-branding agreement. These other sites may send their own cookies to customers, collect data or solicit Information. TFS does not control these sites and is not responsible for their contents. TFS's inclusions of links to these sites do not imply any endorsement of the material on such sites or any association with their owners.

By using this site, you signify your agreement to TFS's Privacy Policy. If you do not agree with this policy, please do not use this site. Your continued use of TFS's site following the posting of changes to these terms will mean you accept those changes.