Terms Of Use

1. Description and Use of the Services

Frozen Innovations Services include the offer, sale, production, and delivery of the Frolic Ice Cream machine and frozen Ice Cream, frozen treats and other related food items that are designed to be used with the Frolic Ice Cream machine.

2. Eligibility

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Frozen Innovations Account (as defined below), and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

3. Community Guidelines

Frozen Innovations’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with these community rules and that:

• You must be the age of majority in their jurisdiction and capable of entering into binding contracts;
  You will not use the Services for any unlawful purpose;
  You may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme; You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
• is false, deceptive, misleading, deceitful, or misinformative;
  Infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity; is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;You will not access or use the Services to collect any market research for or otherwise assist a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
  You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services; and
  You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password, or data.

Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice, and remove or edit any User Content that does not adhere to these guidelines.

4. Registration, Account and Communication Preferences

4.1 General. In order to access and use certain areas or features of the Services, you will need to register for a Frozen Innovations account (your “Account”). By creating an Account, you agree to (a) provide accurate, current, and complete Account information, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your Account.

4.2 Consent to receive electronic communications. By creating a Frozen Innovations Account, you also consent to receive electronic communications from Frozen Innovations (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

4.3 SMS Terms of Service. As part of the Services, you may receive communications through the Services, including messages that Frozen Innovations sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Frozen Innovations to send you information that we think may be of interest to you, which may include Frozen Innovations using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Frozen Innovations, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Frozen Innovations. You agree to indemnify and hold Frozen Innovations harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. When you opt-in to the Services, we will send you an SMS message to confirm your signup. When you opt into messages with our Care team, you will receive messages regarding the support you requested or question you asked. Messages from the support team will cease after the conversation is resolved. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@enjoyfrolic.com. Personal information collected solely through SMS messages won’t be shared, sold, or rented to third parties for their own marketing purposes. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us, and to us from you. You will receive SMS messages only after initiating contact with us. Message frequency varies. If you have any questions about your text plan or data plan, please contact your wireless provider. For all questions about the services provided by this short code, you can send an email to hello@enjoyfrolic.com. If you have any questions regarding privacy, please read our Privacy Policy and the Twilio privacy policy.

4.4 Recording and retaining communications. All communications with us, in any form, are subject to being recorded and retained by us for our business purposes. Any use by us of recording or retained communications is subject to the Terms. By communicating with us in any manner, you consent and agree to such recordings and retention, subject to the Terms.

5. Terms of Product Sale and Use

Purchases of Frozen Innovations’s products and services are subject to our Standard Terms and Conditions of Sale, available at Terms of Sale and any other payment terms that may be presented to you at the time you purchase Products or Services offered by Frozen Innovations from time to time, each of which are deemed part of these Terms.

6. License to Access and Use Our Services and Content

Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Frozen Innovations logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Frozen Innovations or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Services or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us, and (f) use the Services or Content other than for their intended purposes. Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Frozen Innovations or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time for any reason.
Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Frozen Innovations or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

6.1 Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act, we have adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.

• 1. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Frozen Innovations’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
  
  
• 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• 2. Identification of works or materials being infringed;
• 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Frozen Innovations is capable of finding and verifying its existence;
• 4. Contact information about the notifier including address, telephone number and, if available, email address;
• 5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
• 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
• 2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
• 1. remove or disable access to the infringing material;
• 2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
• 3. terminate such content provider's access to the Services if he or she is a repeat offender.
• 3. Procedure to Supply a Counter-Notice to the Designated Agent. if the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
• 1. A physical or electronic signature of the content provider;
• 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• 3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• 4. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Frozen Innovations may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Frozen Innovations may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.

Please contact Frozen Innovations’s Designated Agent at the following address:

 Address: Frozen Innovations, Inc., Attn: DMCA Designated Agent 100 S. Saunders Road Suite 150 Lake Forest, IL 60045

Email: legal@enjoyfrolic.com

7. Trademarks

“Frozen Innovations,” the Frozen Innovations logo and any other Frozen Innovations Product or service names, logos or slogans that may appear on the Services or Products are trademarks of Frozen Innovations, are protected under United States and foreign intellectual property registration and other laws, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “Frozen Innovations” or any other name, trademark or Product or service name of Frozen Innovations without our prior written permission. In addition, the look and feel of the Services and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Frozen Innovations and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Services or Products are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Frozen Innovations.

8. Hyperlinks 

You may be granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial or promotional or marketing purposes. You shall not make or allow to be made any false, misleading, or disparaging remarks about Frozen Innovations or any of our affiliated individuals or organizations or our products of services, and you agree that such hyperlink will not portray Frozen Innovations or any of our Products in a false, misleading, derogatory, or otherwise defamatory manner, and that the linking site will not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time by Frozen Innovations for any reason. You may not use a Frozen Innovations logo or other proprietary graphic of Frozen Innovations to link to the Services without our express written permission, which, if granted, may be condition or revoked in our sole discretion, for any reason. Further, you may not use, frame, or utilize framing techniques to enclose any Frozen Innovations trademark, logo, or other proprietary information, including the images found on the Services or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
Frozen Innovations makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites. 

9. Third Party Content 

We may display content, advertisements, and promotions from third parties through the Services or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse, or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. All third party content is provided “as is.” You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Frozen Innovations is not responsible or liable in any manner for such interactions or Third-Party Content.

10. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s Account without authorization from such user and Frozen Innovations;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area, or code of the Services; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access; Develop any third party applications that interact with User Content or the Services without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;
Use the Services, or any information on the Services or in your Account for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates the Terms or other agreements with or rules of Frozen Innovations.

11. User Content 

 The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items, or other materials (collectively, “User Content”). In the event you decide to share User Content with others through the Services or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services.

By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following: 

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
  User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
  User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  User Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  User Content that impersonates, or misrepresents your affiliation with, any person or entity;
  User Content that references or depicts Frozen Innovations or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Frozen Innovations employee or paid blogger);
  User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations; User Content that contains any private or personal information of a third party without such third party’s consent User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
  User Content that contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
  User Content that, in our sole judgment, is objectionable, inconsistent with Frozen Innovations values, or that restricts or inhibits any other person from using or enjoying the Services or Products, or that may expose Frozen Innovations or others to any harm or liability of any type or adversely impact our reputation, or that of our partners, employees, vendors, Products, Services or anything associated with Frozen Innovations.