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.
Service. 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
Privacy. Information that you provide to us through your use of the Service will be subject 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 http://www.apache.org/licenses/LICENSE-2.0.
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.
Other. 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