Freebies 4 You

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY CONTAIN THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR SERVICES AND OUR PRIVACY POLICY AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU USE OR ATTEMPT TO USE OUR WEBSITE OR OUR SERVICES, YOU WILL BE SIGNIFYING YOUR AGREEMENT TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW.

These “Terms of Use” represent and contain the terms and conditions that constitute the legal agreement between you and Freebies 4 You. (“we”, “our” or “us”) regarding your use of our Services. We use the terms “Service” or “Services” to refer, individually and/or collectively, to any or all of the Freebies, Music, Graphics, and all of the associated services, features and functions of each and/or all of these Services that we make available to users. The term “Service(s)” will also mean and will be construed to include our Website (as defined below) and all the services, features and functions that are offered and made available on, through or using our Website, as well as all of the Content (as defined below) that relates to our Service.

When we use the term “Website” we mean Freebies 4 You, the primary Freebies 4 You website on the World Wide Web, but also all of the web locations and Internet addresses (e.g., URLs, domain names and pages) which we own or control and which we use to offer and/or provide the Service. Our Privacy Policy, our Community Requirements, and, as applicable, our Subscription Agreement as well as any and all additional terms and conditions that we indicate apply to your use of our Services (“Additional Terms”) are all part of these Terms of Use and form a part of your legally binding agreement with us regarding our Service.

You, and anyone using our Service, whether you are a Registered User or a Subscriber (both as defined below), may be referred to in these Terms of Use as a “user”, even if you do not take advantage of all of all of the services features and functions available to you. We obtain certain information from all users of our Service, whether or not you are Registered User or a Subscriber and you should refer to our Privacy Policy for important information and disclosures relating to our collection, maintenance and use of information we obtain from you in connection with your use of our Service.

These Terms of Use do not cover any other services, websites, web pages, transactions, relationships, activities or other things, nor any transactions or relationship you may have with any of our suppliers, advertisers, licensors, wireless or mobile carriers, internet service providers, operational service providers, promotional partners, sponsors or any other party, unless specifically stated or your communications with any of these parties. These Terms of Use also do not cover your rights or responsibilities with respect to third party content or links that may direct your browser or your connection to third party sites or pages, even if they appear on or are linked with our Website and you should refer to the terms of use and privacy policies that apply to these third parties since they, not us, are responsible for them.

We reserve the right to change any or all of our Services and these Terms of Use at any time. We will post notices of material changes on our Website and we may also send you a text message or e-mail about any changes. Once posted, these changes become effective immediately. If you use our Service after we post notice of a change, you will be bound by the change. You should check back periodically and read these Terms of Use, our Privacy Policy, our Community Requirements, any Additional Terms and, if applicable to you, our Subscription Agreement, so you remain aware of the terms and conditions of your agreement with us at all times.

We use the term “Post”, “Posted” or “Posting” to refer to each and every time you submit, provide, furnish, share any e-mail, message, instant message, exchange, transmit or communicate to our Website, Service, to us or any other party using our Website or Service, any information (including profile and Personal Information), correspondence, comments, ideas, images, audio-visual material, opinions, files, messages and User Generated Content (defined below). In fact, any time you communicate or make anything available on our Service or Website you will have “Posted” it. Parts of our Service are “Communities” – areas containing Content and User Generated Content, profile, forum and chat services, web and mobile community and social networking features, messaging and communication capabilities that provide you and other users with an opportunity to Post and share Posts. We generally do not allow users to Post unless they are Registered Users or Subscribers. Please also see our Community Requirements for additional rules and guidelines that apply.

Our life Service is a social networking service that allows you to Post such things as writings, photographs, videos, audio files and links with users of our Service and anyone else connected to our Website. To participate in our life Service, you must become a “Registered User” and provide us with some information about yourself, including Personal Information.


Our Service is offered and made available only to users 13 years of age or older. You must be considered an adult where you live (generally 18 years old) to become a Subscriber without the consent of a parent and if you are under the age of 13, you may not become a Subscriber or access or use our Services at all. If you are at least 13 years old, but under the age of 18 (or you are considered a minor where you live) you are considered a “Minor” and may register for and/or use our Services and become a Subscriber with the consent of your parent or legal guardian (“parent”). In such situations, we require your parent to agree to these Terms of Use themselves and on your behalf. If you are a parent registering or subscribing on behalf of a Minor, you are agreeing to be fully responsible for the Minor and to comply with these Terms of Use. If you are a parent and do not agree with these Terms of Use, do not allow your Minor to use our Service.



All rights in and to Content not specifically granted to you are expressly reserved and any unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution or both.

“Content” refers to all elements of our Service, all content, Marks (defined below) ring tones, wallpaper, games, music, audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, service and trademarks, brands and all other proprietary information and materials, whether or not copyrightable or otherwise legally protectible, tangible or intangible, including the selection, sequence, look and feel and arrangement of items. Except for User Generated Content (defined below), Content is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties and may be protected under U.S. Federal and State, as well as any foreign laws, regulations and international treaties that apply. We make no representations about the accuracy, reliability, usefulness or completeness of any Content and you agree your use of our Service is solely at your own risk. You may only use our Service and Content for non-commercial personal use and your rights are not assignable or transferable. “Marks” refers to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification.

“User Generated Content” refers to Content you Post (or that is Posted using your User ID). We don’t claim ownership of (nor undertake responsibility for) User Generated Content. If you Post User Generated Content on the Service, you grant us an irrevocable, unconditional, worldwide, royalty-free right and license to use, distribute, modify, adapt and publicly display User Generated Content on or in connection with our Service and we can even create compilations and derivative works based on User Generated Content. We have no control over other users or other third parties and we have no liability or responsibility for their acts or omissions, even if they obtained your User Generated Content through our Service. Please refer to our Community Requirements for additional rules applicable to Posting and User Generated Content.

You may not alter, delete, obscure or conceal any copyright or other notices applicable to Content, impair or attempt to circumvent or alter any digital rights management or other technology, nor use Content or our Service in violation of these Terms of Use or any laws or regulations. You may not use, store or do anything with Content, unless expressly permitted under our Terms of Use. You may not use any computerized or automatic mechanism, to access, extract or download any Content or use our Service. If you violate these Terms of Use, your permission to use Content will automatically terminate and you must immediately destroy all Content in your possession or under your control.

You agree we have the right to manage and enforce the rules and rights that apply to Content and we can include technology or other means to do so within Content or install (or arrange installation) same directly on your computers, mobile, wireless and portable devices. Without limitation and among other things, we may track the number of times you play or transfer Content and we can enable such technology or means to report rights-related information to us. You agree not to tamper with or disable any such technology or means.

If you download Content, we have no obligation to restore your Content if it is damaged or lost. If we permit you to transfer Content to a portable device, you may not copy, distribute, transmit or transfer it from that device to any other device or media without our permission. You are also not allowed to share downloads of Content, enable or allow sharing of such downloads, with anyone else.



We require all our users to respect our rights and the rights of others. If you believe your rights or the rights of any other party are being violated or infringed upon or if you believe someone else is not complying with our Terms of Use or is violating the law, you must notify us and we encourage all our users to do so. When we receive such a notice, we try to act expeditiously and it is our policy to remove Content that infringes the copyright rights. We also reserve the right to deactivate and disable anyone’s access to our Service, including anyone that is found infringing the rights of others. To send us a notice, you can send us a message at djstrunk@gmail.com. However, for notices claiming copyright infringement in the United States, please see the "Notice and Procedure for Making Claims of Copyright Infringement" section at the bottom of this page. Although we are not generally obligated to respond to these notices or messages, that should not be construed to mean we are not doing anything and, subject to the legal and regulatory requirements that apply, we reserve the right to take or refrain from taking any action available to us.



With respect to each and every one of your Postings, you agree that you are placing your Posting in the public domain without reservation of any rights or further control over its use and you specifically authorize us, at our option, to use your Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, discovered or developed, whether alone or together, in compilations or combinations, as part of other Content, information, and/or material of any kind or nature and/or in any other manner of our choosing.

You represent and warrant your Posting: (a) is original to you and/or fully cleared for use as described above; (b) does not and will not, in any way, violate or breach any terms or conditions that apply to you or any other agreement by which you may be bound; (c) does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right of any other party or contain any matter the publication, display or sale of which will violate any federal, state or local statute, regulation, ordinance or court order; (d) is not obscene or in any other manner unlawful; and (e) is not and will not be injurious to the health of any person, including our personnel or any user.

You further represent and warrant that we will not be required to pay or incur fees, charges or royalties as a result of our use or exploitation of your Posting and that if your Posting incorporates a name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant you have the right to place that Posting in the public domain and grant us the right to use such Posting as described above.

We reserve the right to delete your Posting in any manner we determine at any time.



Don’t send us any original creative ideas, suggestions, content or materials for us to review, evaluate or use. We have no obligation for unsolicited submissions and we have no obligation of confidence or restrictions on our use or disclosure and we will have the right to unrestricted use for any purpose, without attribution, compensation or otherwise to you or anyone else.



The display of advertisements, marketing and promotional materials, URLs, hypertext links on or through our Service is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any links or third party advertising or promotions. We do not have any responsibility for other parties or web sites (or their privacy policies) or for their goods or services, even if we have a marketing, advertising or other arrangement with them.



OUR SERVICE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTY OR ASSURANCE THAT THE SERVICE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR OR ASSIGNEE, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, PROMOTIONAL PARTNERS, WIRELESS OR MOBILE CARRIERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING FROM OUR SERVICE OR YOUR USE OF OUR SERVICE, REGARDLESS OF THE FORM OF ACTION, LEGAL THEORY OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF REMEDY, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE ARE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED UNDER THIS AGREEMENT, AT LAW AND IN EQUITY; HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE AND YOUR REMEDY EXCEED ONE HUNDRED DOLLARS (US $100), EVEN IF YOU CLAIM THAT REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH OUR SERVICE OR YOUR AGREEMENT WITH US, TERMINATION OF YOUR SUBSCRIPTION, REGISTRATION AND/OR USE OF OUR SERVICE IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU AGREE WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES DO WE HAVE ANY OBLIGATION TO REFUND ANY MONIES YOU PAID US.



You agree to defend and indemnify us, any parent, subsidiary and affiliate, as well as our and their officers, directors, employees, agents, licensors, representatives, advertisers, promotional partners, wireless or mobile carriers, operational service providers and suppliers against any and all demands, claims and actions (including, without limitation, any claim you improperly downloaded, used, encoded, decoded, compressed, copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content) (“Claims”). You also agree to hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from your breach or violation of these Terms of Use or arising from or associated with any Post, Content, User Generated Content, messages or materials you submit or otherwise make available or your violation of any law or regulation or infringement, misappropriation or violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.



Your use of our Service and your agreement with us is governed and will be enforced under Texas State law applicable to contracts made, executed and wholly performed in Texas. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of Texas and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on Contracts for the International Sale of Goods applies and their applicability is expressly excluded. You agree printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.

IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

DO NOT USE THIS PROCEDURE FOR ANYTHING UNRELATED TO COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement of Content on our Service should be sent ONLY to our Designated Agent.




Your Notification of Claimed Infringement must include substantially the following information: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work (or works) that you claim has (or have) been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

SENDING US A COUNTERNOTICE IF YOUR POSTING WAS REMOVED BUT YOU BELIEVE IT IS NOT INFRINGING

If you posted material that was removed in response to a notice of infringement and you believe the material was removed due to mistake or misidentification, you may request us to replace the posting by sending us a counternotice to our Designated Agent as shown above.

Your counter-notice must be a written communication and must include substantially the following information: (1) your physical or electronic signature; (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 access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 10 business days for such person to respond.




If any term or condition is held illegal, invalid or unenforceable, this will not affect any other provision or the rest of your agreement with us. Any term or condition which must survive to allow us to enforce its meaning shall survive; however, no action arising out of these Terms of Use or your use of our Service, regardless of the form of action or basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, the date the first cause arose). If we delay or fail to take action, that is not to be construed as a waiver of any right we may have.

Our Privacy Policy may be reviewed at any time at Freebies 4 You

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