Terms Of Service1. ACCEPTANCE OF TERMS
Thank you for choosing Freega.me (“Freega.me “). Freega.me provides the Freega.me Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us without notice to you. By accessing and using the Freega.me Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Freega.me owned or operated services, you and Freega.me shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Freega.me is owned and operated by Upright Media.
2. DESCRIPTION OF FREEGA.ME SERVICES
Freega.me provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services and personalized content. Freega.me is an advertiser supported site. Freega.me Services may include advertisements and these advertisements are necessary for Freega.me to provide the Freega.me Services. Unless explicitly stated otherwise, any new features that augments or enhances the current Freega.me Services, including the release of new Freega.me properties, shall be subject to the TOS. You understand and agree that the Freega.me Services is provided “AS-IS” and that Freega.me assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Freega.me Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Freega.me Services.
You understand that the technical processing and transmission of the Freega.me Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that Freega.me has created certain areas on the Freega.me that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Freega.me Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Freega.me Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Freega.me Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Freega.me has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Freega.me has the right to suspend or terminate your account and refuse any and all current or future use of the Freega.me Services (or any portion thereof). Freega.me is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Freega.me Services must create a Freega.me Family Account. When you create a Freega.me Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Freega.me Family Account. By adding a child to your Freega.me Family Account, you also give your child permission to access many areas of the Freega.me Services, including, email, message boards and instant messaging (among others). Please remember that the Freega.me Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Freega.me Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
5. INTERSTATE NATURE OF COMMUNICATIONS ON FREEGA.ME NETWORK
When you register with Freega.me, you acknowledge that in using the Freega.me Services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and other Internet activities), you will be causing communications to be sent through Freega.me’s computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of Freega.me’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of Freega.me Services and transfer, posting and uploading of software, technology, and other technical data via Freega.me Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Freega.me Services to export-prohibited parties or countries; (c) will not use the Freega.me Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Freega.me Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE FREEGA.ME SERVICES
Freega.me does not claim ownership of Content you submit or make available for inclusion on the Freega.me Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Freega.me Services, you grant Freega.me the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Freega.me, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Freega.me Services solely for the purposes of providing and promoting Freega.me to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Freega.me Services and will terminate at the time you remove or Freega.me removes such Content from the Freega.me Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Freega.me Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Freega.me Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Freega.me Services and will terminate at the time you remove or Freega.me removes such Content from the Freega.me Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Freega.me Services, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Freega.me Services are those areas of the Freega.me network of properties that are intended by Freega.me to be available to the general public. By way of example, publicly accessible areas of the Freega.me Services would include Freega.me Message Boards and portions of Freega.me Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Freega.me Services would not include portions of Freega.me Groups that are limited to members, Freega.me services intended for private communication such as Freega.me Mail or Freega.me Messenger, or areas off of the Freega.me network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Freega.me.
8. CONTRIBUTIONS TO FREEGA.ME
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Freega.me through its suggestion or feedback mechanisms, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Freega.me is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Freega.me shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Freega.me may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Freega.me without any obligation of Freega.me to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Freega.me under any circumstances.
You agree to indemnify and hold Freega.me and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Freega.me Services, your use of the Freega.me Services, your connection to the Freega.me Services, your violation of the TOS, or your violation of any rights of another.
10. NO COMMERCIAL REUSE OF FREEGA.ME SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Freega.me Services (including Content, advertisements and Software).
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Freega.me may establish general practices and limits concerning use of the Freega.me Services, including without limitation the maximum disk space that will be allotted on Freega.me’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Freega.me Services in a given period of time. You agree that Freega.me has no responsibility or liability for the deletion or failure to store Content maintained or transmitted by the Freega.me Services. You acknowledge that Freega.me reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Freega.me reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO RECEIPHUB SERVICES
Freega.me reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Freega.me Services (or any part thereof) with or without notice. You agree that Freega.me shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Freega.me Services (or any part thereof).
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Freega.me Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Freega.me shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Freega.me Services.
The Freega.me Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Freega.me is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Freega.me shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. FREEGA.ME’S PROPRIETARY RIGHTS
You acknowledge and agree that the Freega.me Services and any necessary software used in connection with the Freega.me Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Freega.me Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Freega.me or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Freega.me Services, such Content or the Software, in whole or in part.
Freega.me grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Freega.me Services. You agree not to access the Freega.me Services by any means other than through the interface that is provided by Freega.me for use in accessing the Freega.me Services.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE FREEGA.ME SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE FREEGA.ME SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREEGA.ME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FREEGA.ME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE FREEGA.ME SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE FREEGA.ME SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FREEGA.ME SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FREEGA.ME SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FREEGA.ME SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREEGA.ME OR THROUGH OR FROM THE FREEGA.ME SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREEGA.ME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FREEGA.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE FREEGA.ME SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FREEGA.ME SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE FREEGA.ME SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR FREEGA.ME SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Freega.me Services concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Freega.me Services is provided for informational purposes only, and no Content included in the Freega.me Services is intended for trading or investing purposes. Freega.me and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Freega.me Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Freega.me may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, postings on the Freega.me Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Freega.me Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Freega.me Services in an authorized manner.
22. TRADEMARK INFORMATION
You agree that all of Freega.me’s trademarks, trade names, service marks and other Freega.me logos and brand features, and product and service names are trademarks and the property of Freega.me (the ” Freega.me Marks”). Without Freega.me’s prior permission, you agree not to display or use in any manner the Freega.me Marks.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Freega.me respects the intellectual property of others, and we ask our users to do the same. Freega.me may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Freega.me’s Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. 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;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
24. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Freega.me and governs your use of the Freega.me Services, superseding any prior version of this TOS between you and Freega.me with respect to the Freega.me Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Freega.me services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Freega.me each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Freega.me, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Freega.me agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Freega.me to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Freega.me account is non-transferable and any rights to your Freega.me account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Freega.me Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
25. THIRD PARTY FEATURES & TOOLBARS
By downloading the Freega.me Toolbar, you will be installing a toolbar in your Internet browser (and any supported email functions and instant messenger functions) that may include one or more of the following features provided by third party vendors:
WIDGETS: You may have the ability to choose from various widgets to customize your homepage and Toolbar. Certain widgets are provided by third party vendors. Your use of such third party-provided widgets is governed by the separate terms of service associated with such widget. You may find such terms of service via a link within the widget itself, or on the website of the relevant widget provider.
PARTNER FEATURES, LINKS, RSS FEEDS: Certain versions of Toolbars may include features, links to, or RSS (or other) feeds from our third party partners. The partner features and sites linked to by these Toolbars and/or the partner content made available are governed by their own terms of service and privacy policies, which may be found on the relevant partner’s website.
Reminder: Freega.me is not responsible for third party features or content. If you are installing a version of the Toolbar that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party’s terms of service.
26. YOU AGREE NOT TO USE THE SITES OR SERVICES TO:
a. Post any posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. Harm or threaten to harm users in any way;
c. “Stalk” or otherwise harass any other person or entity;
d. Impersonate any person or entity (including a Freega.me agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Freega.me for such purpose;
f. Disseminate or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
g. Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
h. Violate any law (whether local, state, national, or international), whether or not intentionally;
i. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
j. Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
k. Interfere with or disrupt the Freega.me Services, our Sites, or servers or networks connected to our Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
l. Collect or store personal data about other users;
m. Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
n. Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Please report any violations of the Terms of Service to contactus@Freega.me.
Last updated September 11, 2012