Foxmarks LLC ("Foxmarks") welcomes you to the Foxmarks Bookmark Synchronization Service (the "Service").

We ask that you read these Terms of Service (the "Terms"), because, by using this Service, you agree to be legally bound by these Terms. If you do not agree to these Terms, please do not use the Service. We may change these Terms at any time and our changes are effective when posted at /foxmarks/docs/ ("Our Website"), so we recommend that you periodically check Our Website for changes.


The Service is made available for your personal, non-commercial use. You agree to comply with these Terms and those available at Our Website regarding use of the Service. We are pleased to make the Service available to you, but we reserve the right to terminate the Service (or your use of the Service) at any time and for any reason without notice. Our Service helps you to synchronize your links to third party websites, but you are solely responsible for your selection of those links, your use of the Service, and your actions in relation to those websites.


Information that you provide to us through your use of the Service will be subject to our Privacy Policy, a copy of which is available on Our Website. We may post updates to this policy from time to time and those updates are effective when posted. In order to manage, administer and provide the service, or as required by law or order, we may access files and data provided by you for use in the Service.

Creative Commons License.

The content we originated on Our Website is licensed to you under the Creative Commons Attribution 2.5 license, which is available at

Apache License.

The software comprising the Foxmarks extension, downloaded by you and installed on a computer in order to use the Service, is licensed to you under the Apache License, Version 2.0, which is available at

Intellectual Property.

Our trademarks include Foxmarks and the Foxmarks logo and design and they may not be used without our express written permission. We reserve title and our other rights in these trademarks and in our other intellectual property available on Our Website and in the Foxmarks extensions.

No Warranty.

The Service is provided "AS-IS" without warranty of any kind. Foxmarks specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or the absence or presence of latent or other defects or errors. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability.

In no event will Foxmarks or any of its employees, directors or officers be liable to you for any damages of any kind arising from the provision or failure to provide the Service or otherwise relating to the subject matter of the Terms, including, without limitation, any direct, special, punitive, exemplary, consequential or other indirect damages of any kind, whether any such claim for damages is based on warranty, contract, tort (including negligence), or otherwise, even if Foxmarks has been advised of the possibility of such damages. Certain states and/or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.


The Terms constitute the entire agreement between you and Foxmarks regarding the Service, and superseded any prior agreements. You and Foxmarks are independent entities, and nothing in these terms creates any partnership, joint venture, agency, franchise, sales representative or employment relationship. In the event that any provision of these Terms is held by a court to be unenforceable, the remaining Terms will continue in full force and effect. The Terms will be governed by the laws of the State of California, excluding its choice of law rules.

Effective Date: April 1, 2006