Updated: July 1, 2021
Welcome to Frudy.com, which is owned and operated by The Jinxy Company, INC. (“JINXY”). Please read this Visitor Agreement; by using this website, you accept its terms. Additional terms and conditions may apply to some services offered on the JINXY Sites. Such terms and conditions may be found at the place where the relevant service is offered.
If you disagree with any material you find on the JINXY Sites, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by emailing us at: email@example.com
The material that appears on the JINXY Sites is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the JINXY Sites, you should confirm any facts that are important to your decision. JINXY and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the JINXY Sites. JINXY is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by JINXY or its licensors.
COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS
JINXY wants to encourage an open exchange of information and ideas through the JINXY Sites. But we cannot and do not review every posting made on JINXY’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than JINXY. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on JINXY’S community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the JINXY Sites lies with each user — you alone are responsible for material you post. JINXY does not control the messages, information or other content that you or others may provide through the JINXY Sites. You may use the JINXY Sites for lawful purposes only.
By using the JINXY Sites, you agree not to submit, post or transmit through the JINXY Sites any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to the JINXY Sites, or any account, computer system, or network connected to the JINXY Sites, by means such as hacking, password mining or other illicit means;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the JINXY Sites;
- Impersonates any person, business or entity, including JINXY and its employees and agents or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including JINXY;
- Contains an advertisement or solicitation or encourages others to make a donation;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account, any features of the JINXY Sites that may require registration;
- Results in a single message being posted to more than five areas of any JINXY Site, results in any message being posted to any area of the JINXY Sites if that message is, in our view, off-topic or in violation of this Visitor Agreement; or
- Violates these Terms of Service, guidelines or any policy posted on the JINXY Sites, or interferes with the use of the JINXY Sites by others.
Although JINXY cannot monitor all content on JINXY’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that JINXY shall have the right, but not the obligation, to monitor the content of the JINXY Sites to determine compliance with this Visitor Agreement and any other operating rules that may be established by JINXY from time to time. JINXY shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material submitted to or posted on the JINXY Sites for any reason, including violation of these Terms of Service, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for their content. You acknowledge and agree that neither JINXY nor any of its affiliates shall assume or have any liability for any action or inaction by JINXY with respect to any conduct within the JINXY Sites or any communication or posting on the JINXY Sites. JINXY also reserves the right to disclose any information that JINXY believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
JINXY requires you not to use the JINXY Sites to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material to the JINXY Sites, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS
With the exception of any and all material posted on JINXY’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of JINXY and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on JINXY’s community and social media sites, you are granting to JINXY, and to anyone authorized by JINXY, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on JINXY’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant JINXY, and anyone authorized by JINXY, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as JINXY deems appropriate. Please also note the last paragraph in the “COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS” section above.
The materials available through the JINXY Sites are the property of JINXY or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the JINXY Sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the JINXY Sites in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on the JINXY Sites, and to tell them how to find it.
We welcome links to the JINXY Sites. You are usually free to establish a hypertext link to any of the JINXY Sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of the JINXY Sites or by JINXY. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the JINXY Sites.
You agree not to use the JINXY Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
NO SPAMMING OR SPIMMING
From time to time, users post their email addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these email addresses for commercial or illegal purposes, such as sending unsolicited or unrequested email or instant messages.
Without the prior written permission of JINXY, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the JINXY Sites, or incorporate any intellectual property of the JINXY Sites, JINXY or any of their licensors into another website or other service.
We don’t want anyone to be confused as to which materials and services are provided by JINXY and which are not. You may not use any trademark or service mark appearing on the JINXY Sites without the prior written consent of the owner of the mark.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make the JINXY Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the JINXY Sites.
YOU AGREE THAT YOUR USE OF THE JINXY SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE JINXY SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY JINXY SITE OR ANY MATERIAL AVAILABLE THROUGH THE JINXY SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE JINXY SITES.
THE JINXY SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE JINXY SITES, ENDGAME360, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE JINXY SITES, NOR DO THEY GUARANTEE THAT THE JINXY SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE JINXY SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE JINXY SITES, THE JINXY COMPANY, INC. OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE JINXY SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE JINXY SITES, THE JINXY COMPANY, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE JINXY SITES THE JINXY COMPANY, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE JINXY SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO THE JINXY COMPANY, INC. FOR THE USE OF THE JINXY SITES.
The JINXY staff works hard to ensure that information we post to the JINXY Sites is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we don’t go back and change the original report to reflect new developments. If you’re looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you’re not looking at an out-of-date report.
To obtain access to certain services on the JINXY Sites, you may be given an opportunity to register with the JINXY Sites. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a username of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a username that JINXY considers to be offensive. JINXY reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify JINXY of any known or suspected unauthorized use of your account.
You agree to indemnify, defend and hold harmless The Jinxy Company, INC., its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any JINXY Site using your account.
This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of Wyoming. By using the JINXY Sites, you consent to the exclusive jurisdiction of the state and federal courts located in WYOMING, in all disputes arising out of or relating to this Visitor Agreement.
In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.
ASSOCIATED PRESS CONTENT
The JINXY Sites include certain content owned by the Associated Press. Without limiting the generality of any of the foregoing provisions of this Visitor Agreement, you specifically acknowledge and agree that (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (d) the Associated Press is an intended third-party beneficiary of this Visitor Agreement and may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.
By using the JINXY Sites, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using the JINXY Sites, and we welcome suggestions for improvements. Thanks for making the JINXY Sites part of your discoveries online!
The Jinxy Company, INC.
1309 Coffeen Avenue Suite 3219
Sheridan, Wyoming 82801