Terms of Service
Simply put: Foxfly is a group messaging service that lets you stay in touch with groups of people via mobile phones. Our parent company is Roosher Inc. Foxfly is currently provided as a free service. We appreciate responsible usage of the service and hope you enjoy it!
Terms of Service
The following terms and conditions govern all use of the Foxfly service. The Website is owned and operated by Roosher Inc. ("Roosher"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Foxfly's Privacy Policy) and procedures that may be published from time to time on this Site by Foxfly (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by Roosher, acceptance is expressly limited to these terms. These Terms may be changed periodically by Roosher, with changes effective immediately. The Service is available only to individuals who are at least 13 years old.
Trademarks and Materials
Foxfly logos, code, and designs are all property of Roosher Inc. and are protected by intellectual property law. Use of these items is subject to the Terms of Service and is only permitted within normal use of the Service. Your use of the Service grants you no right or license to reproduce or otherwise use any Roosher Inc. or third-party trademarks.Foxfly ServiceThe Foxfly service enables you to create unique groups with friends, coworkers, and other individuals. Each group is given a unique email address. Sending messages to the email or via Foxfly's mobile client sends the message to every individual in the group.
To permanently cease receiving messages from a Foxfly group, click on the unsubscribe link in any of the emails you receive, or leave the group using your Foxfly mobile client.
Text Messaging Fees
Foxfly is a free service provided by Roosher Inc. There are no text messaging fees incurred by users of the Foxfly mobile applications on the iOS and Android platform. However non-iPhone/Android users who engage in conversations through the Foxfly service will be charged standard text messaging rates when using the Foxfly service. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your provider.
Data Fees
Foxfly sends and receives messages through your mobile phone's data connection. This data transfer is subject to standard data rates as determined by your mobile phone carrier. Additionally, data transferred sent count towards a monthly quota as any other data transfers do. Please be aware that data charges can fluctuate internationally and data roaming can be extremely expensive. Data rates can normally be found by asking your provider.
Foxfly Accounts and Use of Service
If you operate a group, post material to one, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the product and agree not to use it in ways not explicitly mentioned by Roosher Inc.
Using the service means that you will:
- comply with all applicable laws and regulations;
- not infringe on the intellectual property or privacy of others;
- only share Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- comply strictly with any carrier agreements and terms associated with your mobile device;
- not attempt to disrupt Foxfly service.
Content
Any content transmitted by groups is not representative of the opinions of Roosher Inc. or its employees. Links may be transmitted in groups, none of which are endorsed by or affiliated with Roosher Inc. Please use your discretion in following these links and utilizing the Foxfly service and keep in mind that all use is governed by the Terms of Service.
Content Licensing
By using Foxfly and submitting Content to a group, you grant Roosher Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, Roosher Inc. has the right (though not the obligation) to, in Roosher Inc.'s sole discretion (i) refuse or remove any content that, in Roosher Inc.'s reasonable opinion, violates any Roosher Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Roosher Inc.'s sole discretion.
Copyright Claims and DMCA Policy
Roosher Inc. respects the intellectual property of others. If you think material shared in a Foxfly group violates any of your copyrights, please contact Roosher Inc. The following steps should be instructive in filing a Digital Millenium Copyright Act ("DMCA") complaint with us.
- Send an email to copyright@foxfly.com.
- Include details of the infringement, such as material, proof of ownership, etc. Please also describe where you found the infringement.
- Add your name and a statement regarding your belief of improper use.
Roosher Inc. will reply to all such notices, including as required or appropriate by removing any infringing material or eliminating all links to the infringing material. Should a user continuously infringe on copyrights or other intellectual property, Roosher Inc. may terminate that user's access to Foxfly at its discretion.
Modifications to the Service
Foxfly may periodically make updates to the Service. Disruptions to the Service are rare but may occur.
Privacy Policy
Messages transmitted via Foxfly are subject to the Foxfly Privacy Policy, available online at http://www.foxfly.com/privacy
Termination
Roosher Inc. reserves the right to terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately.
Disclaimer of Warranties
The Service is provided "as is". Roosher Inc. hereby disclaims all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Roosher Inc. nor its suppliers and licensors make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Liability Limitation
In no event will Roosher Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Under no circumstances will Roosher Inc. be liable for any failure or delay caused by matters beyond reasonable control.
Indemnification
You agree to indemnify and hold harmless Roosher Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Roosher Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Roosher Inc., or by the posting by Roosher Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Hong Kong.