Terms and Conditions
IMPORTANT - READ THESE TERMS AND CONDITIONS OF USE THOROUGHLY PRIOR TO ACCESSING OR USING THIS TROOKY, LLC (ALONG WITH ITS SUBSIDIARIES AND BUSINESSES ("TROOKY.COM")) WEBSITE (THE "WEBSITE"), SIGNING UP FOR TROOKY.COM SERVICES, BUYING TROOKY.COM PRODUCTS, DOWNLOADING TROOKY.COM COMPUTER SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR COMMONLY MAKING USE OF THE TROOKY.COM PRODUCTS AND SERVICES, AND THE ASSOCIATED TROOKY.COM COMPUTER SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN ASSOCIATION THEREWITH AND THE CONNECTED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE " TROOKY.COM TECHNOLOGY AND SITE ").
TROOKY.COM IS WILLING TO PROVIDE YOU WITH LIMITED ACCESS TO THE TROOKY.COM TECHNOLOGY AND SITE THROUGH THE WEBSITE AND MAKE AVAILABLE TROOKY.COM PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM TROOKY.COM OR ITS AFFILIATES IN CONNECTION WITH THE TROOKY.COM TECHNOLOGY AND SITE AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE "AGREEMENT").
IN CASE YOU DON'T AGREE AND ACCEPT THE TERMS STATED BELOW, IMMEDIATELY STOP ACCESSING OR OTHERWISE USING THE TROOKY.COM TECHNOLOGY AND SITE, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE TROOKY.COM TECHNOLOGY AND SITE OR PURCHASING PRODUCTS AND SERVICES FROM TROOKY.COM.
By accessing, subscribing, downloading and/or otherwise using the Trooky.com technology and site, you certify that you:
(a) are at least thirteen (13) years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party,
(b) have read this Agreement and have agreed to be legally bound by this Agreement, and
(c) agree to all operating rules and policies of Trooky.com that may be published within the Trooky.com Technology or the Website.
In the case the person accessing, subscribing and/or otherwise using the Trooky.com technology and site is below the age of adulthood in his/her state or country of residence, then such person or persons will have to evaluate and discuss this Agreement with their parent or legal guardian, and by such person's accessing, subscribing, downloading and/or otherwise using the Trooky.com technology and site, such person's parent or legal guardian is considered to have consented to such person's accepting this Agreement and deemed to have agreed to have such person be bound by the terms and conditions hereof. Notwithstanding anything to the contrary herein, to access, subscribe to, download and/or otherwise use the Trooky.com technology and site for any "R Rated" portion of the Website as described on the Website by Trooky.com, you must be at least eighteen (18) years of age, and by accessing, subscribing, downloading and/or otherwise using the Trooky.com technology and site for any "R Rated" portion of the Website as described on the Website by Trooky.com, you certify that you are at least eighteen (18) years of age.
The Trooky.com technology and site is owned and operated by Trooky. LLC and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2013 - 2015 Trooky, LLC. All rights reserved. The compiling and placement of all content, data, design and other information found within the Trooky.com technology and site and sites are also the sole and exclusive property of Trooky.com and its licensors and is protected by U.S. and international intellectual property laws. The "look and feel" of the Trooky.com Technology and site, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Trooky.com and its licensors and fully protected under U.S. and international intellectual property laws.
Use of the Trooky.com technology and site
Subject to the terms and conditions set forth herein and any third party restrictions, Trooky.com grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Trooky.com technology and site to
(a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by Trooky.com for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and
(b) make purchases of goods and services through links found on this Website or through the Trooky.com Technology and site; provided you retain all Trooky.com copyright and proprietary notices contained in the original materials or any copies thereof.
All rights to ownership or use not expressly stated herein are reserved by Trooky.com and Trooky,LLC disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:
(1) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the Trooky.com Technology and site, or any part thereof;
(2) copy, distribute, display, transmit or reproduce the Trooky.com Technology and site, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise;
(3) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Trooky.com Technology and site, or any part thereof, including, but not limited to, using any part of the Trooky.com Technology and site to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise;
(4) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder;
(5) use the Trooky.com Technology and site in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Trooky.com, its affiliates, its third party suppliers or any other third party;
(6) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(7) use Trooky.com Technology and site to harm minors in any way;
(8) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Trooky.com Technology and site;
(9) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Trooky.com Technology and site;
(10) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(11) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(12) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(13) interfere with or disrupt the Trooky.com Technology or servers or networks connected to the Trooky.com Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Trooky.com Technology (including, but not limited, to the Website); and
(14) "stalk" or otherwise harass another; or collect or store personal data about other users.
You agree not to access the Trooky.com technology and site by any means other than through the means that is provided by Trooky.com for use in accessing the Trooky.com technology and site.
By posting information or other materials on the Website or within the Trooky.com technology and site or by making such information available for downloading by you, Trooky.com does not waive any proprietary right in and to the Trooky.com technology and site (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Trooky.com technology and site except for the limited license expressly granted herein.
Except as otherwise provided herein, any and all comments, ideas, suggestions, illustrations or photos, video recordings, content material, data and other information that you transmit to Trooky.com through the Trooky.com Technology and website (each, a "Submission") shall remain your sole and exclusive property, and you shall be entirely responsible for your Submission and the consequences of publishing or submitting it.
By submitting your Submission to Trooky.com, you hereby grant Trooky.com and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known.
You also grant each user of the Trooky.com Technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the Trooky.com on the Website and/or in this Agreement.
By making a Submission, you waive the legal right to undertake any claim against Trooky.com, Trooky, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders in connection with the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you additionally relinquish all moral rights you may have in any materials uploaded or sent to Trooky.com and its affiliates by you.
You represent and warrant that your Submission:
(a) shall be true, accurate, current, complete and not misleading,
(b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights,
(c) shall not be fraudulent or involve counterfeit or stolen information or items,
(d) shall not violate any law, statute, ordinance or regulation, and
(e) shall not create any liability for Trooky, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the Trooky.com Technology in order to keep that information true, accurate, current and complete.
You further represent and warrant that
(1) you own or have the necessary licenses, rights, consents and permissions to use and authorize Trooky.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and
(2) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
SALES AGREEMENT AND RELEASE OF LIABILITY
ACCEPTANCE OF THESE TERMS AND CONDITIONS
As consideration for the purchase of any products from Trooky.com by me or my minor children, I herby release Trooky.com, it's owners, agents, and employees from any and all legal liability for damage and injury or death to myself, my minor children or any other person or property resulting from the selection assembly, maintenance or use of such product and any claim based upon negligence, breach of warranty, contract or legal theory accepting myself the full responsibility for any and all such damage, injury or death which may result.
I further agree that any and all liability of Trooky.com, it's owners, agents and employees resulting from the selection, assembly, maintenance or use of this product shall be limited to the purchase price of any such product. I further agree that any suit or other legal proceedings concerning the injury or death from the selection, assembly, maintenance or use of this product may be brought only in the courts of Nassau County, New York. I consent to jurisdiction and venue of any such court in any such proceeding.
I have carefully read this Agreement and Release of Liability and fully understand its content. I understand that it provides a comprehensive release of liability as to myself, my minor children, if any, and all others to whom I may furnish the product. This Agreement and Release of Liability may not be added or altered except by the written agreement assigned by Trooky.com and Trooky, LLC. It is not intended to assert any claim or defense which applicable law prohibits. The specific rights of the parties may vary from state to state.
Our website allows you to buy products and services. We use the information that we collect about you to fulfill your product and service purchases and to create a more personalized online experience.
Our primary goal in collecting personal information is to provide Trooky.com visitors with a superior customized online experience. We use the customer contact information to fill orders, contact purchasers to inform them of their order status, to send promotional information, to enhance the operation of our site and administer our systems.
When you order from us, we collect personally identifiable information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address, page you bought from and a password.
We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contained and these changes will be automatically kept for future use. We may require additional verifications or information before accepting any order.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Trooky.com respects the intellectual property of others, and we ask you to do the same. Trooky.com is in compliance with the Digital Millennium Copyright Act. Trooky.com will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
In order to protect the intellectual property of people from misuse we ask you to help us. If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on the Trooky.com site, please provide Trooky.com's Copyright Agent the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(c)(3) of the Copyright Act for more information) (the "Notice"):
1 - An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest.
2- A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Trooky.com site where the material that you claim is infringing is located, including enough information to allow us to locate the material and why you believe an infringement has taken place.
2 - A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., Internet address) where it is posted or the name of the book in which it has been published.
3 - Your address, telephone number, and email address.
4 - A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5 - A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Trooky.com copyright agent for notice of claims of copyright infringement can be reached as follows:
Trooky, LLC. will terminate access to the Trooky.com site to those who engage in repeated acts of infringement.
You acknowledge that if you fail to comply with all of the aforementioned Notice requirements in writing, your Notice may not be valid and that Trooky, LLC may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or mis-identification may be subject to liability.
Trooky, LLC will terminate rights of subscribers and account holders in appropriate circumstances if they are determined to be repeat infringers.
Every and all trademarks presented within the Trooky.com site are owned or operated by Trooky.com, its licensors or its associates, or are the property of third parties (in which case Trooky.com makes no claim of ownership rights therein).
LIABILITY AND WARRANTY
We and anyone who helped us to create, produce, deliver, or maintain the site are not liable for any damages that may result from your use of the site. This includes direct, incidental, consequential, indirect, or punitive damages and attorneys' fees arising from your access to, or use of, the site, including but not limited to challenges or actions for infringement, libel, and slander. Therefore, your use of this site is at your risk only.
Further, everything on the site is provided to you "as is," without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Upon our request, you agree to indemnify and hold us harmless from all liabilities, claims and expenses, including attorneys' fees, that arise from any breach of these terms of service for which you are responsible, or from the use of this service or the transmission of any content through this service. In other words, if you do something that, according to these terms, warrants your termination from the service or expulsion from the site, you must accept full responsibility for anything that happens afterwards.
ACCESS TO THE TROOKY.COM SITE AND TECHNOLOGY
You shall assume responsibility for getting access to the Trooky.com site and technology and for all equipment required to access the Trooky.com site and technology and you understand that acquiring the foregoing may require third-party charges (such as internet service provider or airtime fees). You are accountable for all costs and fees related to connecting you to the Trooky.com site and technology, including, without limitation, all phone, equipment, airtime and internet service provider charges, and related taxes.
PASSWORDS AND YOUR OBLIGATIONS
In most cases you may be required to register as a member on certain pages or services within the Trooky.com site and to choose a unique username and password in order to have the ability to access your account and use any part of the Trooky.com site. As a registered member, you are accountable for preserving the privacy and security of your username and password and shall be accountable for all uses of your username and password, including, but not limited to, any buys expedited because of the use thereof, regardless of whether or not actually approved by you.
You agree to right away inform Trooky.com in writing of any breach of security, such as, but not limited to, unauthorized use of your username or password. You also are aware that exiting right away from your account (i.e., "logging off") at the conclusion of every session will increase your account's security and that failing to do this may allow other individuals having access to the computer to make use of, or alter, your account.
If you allow any individual to use your username and password, you shall be liable for all activity and purchases created by that individual including purchases for which you may not have authorized.
The Trooky.com site exists on the public world wide web. We make use of sensible procedures to secure the privacy and security of communications transmitted to Trooky.com and information saved in web servers controlled by Trooky.com. In spite of these initiatives, Trooky.com cannot assurance the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without restricting the foregoing, you shall not
(a) breach or make an attempt to violate the security of the Trooky.com;
(b) gain access to data or materials not meant for you;
(c) log into a server or account which you are not authorized to gain access to;
(d) make an effort to probe, scan or test the susceptibility of our system or our network or to breach security or authentication measures; or
(e) make an attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Trooky.com website, congesting, "flooding," "mailbombing" or "crashing" the Trooky.com.
Infringements of system or network security may result in civil or criminal liability.
Trooky.com reserves the legal right to investigate incidents that may involve such infractions and may involve and cooperate with, law enforcement authorities in prosecuting users who have taken part in such violations.
LIMITATION OF LIABILITY
NEITHER TROOKY.COM, ITS RESPECTIVE PARENTS, SUBSIDIARIES, ASSOCIATES, SUCCESSORS, ASSIGNS, WORKFORCE, REPRESENTATIVES, ADMINISTRATORS, OFFICIALS, STOCKHOLDERS, VENDORS, OTHER THIRD PARTIES MENTIONED WITHIN THE TROOKY.COM WEBSITE, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE TROOKY.COM WEBSITE AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE TROOKY.COM WEBSITE OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, SUCH AS, BUT NOT LIMITED TO, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE TROOKY.COM WEBSITE; THE LINKING TO OTHER WEBSITES FROM THE TROOKY.COM WEBSITE; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE TROOKY.COM WEBSITE WHETHER OR NOT TROOKY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO THE FOREGOING, IN NO EVENT SHALL TROOKY.COM AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHARE HOLDERS AGGREGATE OR PAY LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) IN AN AMOUNT GREATER THAN THAT OF THE FEES PAID, IF ANY, BY YOU TO TROOKY.COM FOR ACCESS AND USE OF THE TROOKY.COM WEBSITE OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE TROOKY.COM WEBSITE, OR, IN ALL OTHER CASES, THREE DOLLARS ($3.00). SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
You consent to compensate, defend, and hold harmless Trooky.com, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from
(a) any violation of the terms and conditions of this Agreement,
(b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account,
(c) your use of (or inability to use) the Trooky.com website; and
(d) any use of your Submission by .com or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.
This indemnification and defense obligation will survive this Agreement and your use of the Trooky.com website.
This Agreement shall be governed and construed in all respects by the laws of the State of New York, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods.
You agree that the Trooky.com is deemed a passive website that does not give rise to personal jurisdiction over Trooky.com or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree to submit to the exclusive jurisdiction of the courts of the State of New York located in the County of Nassau or the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Trooky.com Website.
You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.