Terms & Conditions
This Agreement is hereby entered into between Freewire and you on the following terms and conditions.
1. INDEMNIFICATION AND LIMITATION OF LIABILITY
You are required to abide by the Rules. By using the Services you agree to indemnify and hold harmless Freewire for any loss, liability, damage or cost (including reasonable attorneys' fees and cost) arising from or in connection with your use of any of the Services, violation of the Rules, or the infringement by you or any third party using your account.
Freewire exercises reasonable care to ensure that the Services and related information is correct and accurate and is not responsible, directly, indirectly or consequentially, for the content or the suitability of or the information contained in the Services.
Freewire does not accept liability for any damage direct, indirect or consequential for the use of the Services. In no event shall Freewire be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, incidental or consequential damages (including lost savings or profit, lost data or business interruption even if Freewire is notified in advance of such possibility). This includes damages incurred by you, your customers or any third party.
Freewire disclaims all warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose in connection with this. Freewire offers both free and fee-based Services. Freewire does not guarantee that it will continue to offer the Services at the current price or at all in the future. Freewire reserves the right to discontinue or modify the Services and to change the price of the Services without notice to you other than by disclosure on the Freewire Network.
2. FORCE MAJEURE
Freewire will not be liable for any failure or delay in performing any obligation under this agreement that is due to causes beyond its reasonable control, such as natural catastrophes, government acts or omissions, laws or regulations, labor strikes, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns, or the inability to procure supplies or materials.
3. ENTIRE AGREEMENT AND MODIFICATIONS
The terms of this agreement constitute the entire agreement between Freewire and you regarding its subject matter and its terms supersede any prior or simultaneous agreement or terms, whether oral or written. Freewire may change the Rules and the scope of the Services in whole or in part, at any time without notice. Such changes will be posted on the Freewire Network and such posting will constitute notice to you. Links to the Rules can be found on the Freewire home page, located at http://www.freewire.com. Each time before using the Services, you agree to review changes to the Rules and, if any change is not acceptable to you, you agree to terminate use of Services. Your continued use of Services after the posting of any such change constitutes your acceptance of all the changes. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect. Any failure of Freewire to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.
4. NO ASSIGNMENT
You may not assign, resell, or license this agreement or the Services provided hereunder, without the prior written consent of Freewire.
5. VIOLATION OF RULES AND JURISDICTION
Freewire reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which Freewire believes in its sole discretion to be illegal, discriminatory, obscene, promoting of hate or violence or potentially harmful to others or that may expose Freewire to harm or liability. Freewire may suspend or terminate your use of the Services if it determines that you have failed to comply with any of the Rules. Freewire reserves the right to terminate the use of any user, user name or email address at any time. The Services may only be used for lawful purposes. Transmission or posting of any material in violation of any Federal, State or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Freewire maintains the right to refuse to provide Services that includes adult content and/or is considered to be detrimental to the business of Freewire. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content, which may be deemed to be illegal according to the laws of your country of residence. We reserve the right to decline Service and to cancel any account at our discretion.
At Freewire's discretion, access to the Services may be revoked at any time for abusive conduct on the Freewire Network and/or the Internet and its resources as a whole. Creating or sending, or causing to be sent, Spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. Freewire is deemed as authority to define abusive conduct, and definitions may periodically change or be amended.
This agreement will be governed by and construed in accordance with the laws of the State of Delaware, United States of America. Each party consents to the exclusive venue and jurisdiction of the appropriate courts in Delaware for any disputes under this agreement.
6. CODE OF CONDUCT
Be respectful of others at all times. Freewire Network is a "Distributed Social Network" that was developed to enable you to interact with others across multiple social networks. Occasionally, there will be conflicts that arise when people voice opinions. Be courteous when disagreeing with others. It is possible to disagree without being insulting.
Ranting is prohibited. A rant is a post which is long-winded, redundant and filled with angry, non-constructive comments. A free exchange of ideas is essential to building a strong sense of community, but rants are disruptive and incite flaming and trolling. Please post your thoughts in a concise, clear manner and avoid going off on rambling tangents.
Personal attacks are prohibited. Commonly known as flaming, personal attacks are posts which are designed to personally berate or insult another. Text of this nature is not beneficial to the community spirit and will not be tolerated. The Freewire Network is designed for user interaction and it is sometimes easy for tempers to flare when the lines between the virtual world and the real world are crossed. We will not tolerate this kind of behavior, and multiple infractions may result in a ban.
Trolling is prohibited. Trolling is the word used to describe a post that is deliberately designed for the purpose of angering and insulting the participants of a discussion. Posts of this nature are disruptive and do not convey a friendly attitude. No posting of other people's personal information. Please respect the privacy of other Freewire network members and do not give out information such as their phone numbers and addresses.
Private communication between the Freewire Network or its representatives and you or others is not to be made public in any venue. You are not permitted to publicize any private correspondence received from any of the aforementioned.
Warnings and bans by the Freewire Network or its representatives are not to be discussed on the Freewire Network or in any other public forum. Such matters shall remain private between Freewire Network and the user. Questions or comments concerning warnings and bans will be conveyed through e-mail or private messaging.
Immediate banning can result from any of the following: The posting of pornography; discriminatory remarks which are sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive; excessive obscene or vulgar language; posts which discuss or illustrate illegal activity; providing links to sites that contain any of the aforementioned.
Spamming is prohibited. Spam is considered to be repetitive posting of the same text again and again or nonsensical additions that have no substance and are often designed to annoy other campaign users. Comments of this nature are not conducive to community spirit and are unwelcome.
Impersonating another registered user, moderator, volunteer, or Freewire Network representative is strictly prohibited. You are expressly forbidden from impersonating anyone else, including those named above.
You may not post advertisements. Posts discussing or linking to sites for sales or money are strictly prohibited. Avoid using profanity if possible. Strong language can sometimes assist you getting a point across, but try to be reasonable and use sparingly.
Add your comments constructively. Negative feedback can be very useful, provided that it is presented in a civil, factual manner. Tell us what you don't like and why and how you feel it could be improved. Posts that are insulting and rude may be deleted, no matter how valid the ideas behind them may be.
Disputes which cannot be resolved between Freewire Network users may be arbitrated by Freewire Network or its representatives. To discuss problems or concerns, please send an e-mail to: firstname.lastname@example.org
7. FREEWIRE OBLIGATIONS
Subject to the Rules and such other regulations that Freewire may adopt from time to time, Freewire will provide you with Services. Freewire retains the right to change, suspend or terminate use of the Services at any time for any reason, without notice, and nothing herein shall be construed to limit that right.
8. YOUR OBLIGATIONS
In exchange for your use of the Services you agree to provide Freewire with accurate and complete information it may request through registration and other forms. You must register for the Services using your own name. You represent and warrant that you have full right, power, and authority to consent to use the Services and enter into this Agreement. You further represent and warrant that you have full right, power, and authority over any content you contribute. You agree to indemnify and hold Freewire and its Service partners harmless from and against any and all liabilities, losses, damages, costs, and expenses (including attorneys' fees) incurred by Freewire and its Service partners resulting from breach of this paragraph. Freewire reserves the right to verify the accuracy of the information you submit in connection with your activation for the Services and you hereby consent to Freewire's verification of such information.
You are responsible for your use of the Services and for the security of your login identification, your password and any security code that you use to protect access to your data, Freewire personal profile, and any information you disseminate through use of the Services. You must not set up any automated programs to interact or act upon the Services without prior written consent from Freewire. You agree not to modify, change, disassemble, decompile or otherwise reverse engineer any software or Service provided by Freewire. You must not cause or allow robots or other automated processes to act upon or interact with the Services without prior written consent from Freewire.
You agree not to publish or otherwise disclose data acquired from the Services without the written consent of Freewire. You may not create or activate duplicate accounts without the prior written consent of Freewire.
The Freewire Network contains links to other websites on the Internet that are owned and operated by third parties. In some instances these websites are co-branded and the third parties are entitled to use Freewire's name and logo on these websites. Freewire does not always control the information, products, or services on these third party websites. The inclusion of any link does not imply endorsement by Freewire of the website or any association with their operators. Because Freewire has no control over such websites and resources, you agree that Freewire is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers within the Services, including the payment and delivery of related services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that Freewire shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
Minors: If you are less than 18 years old but 13 years old or older, you should obtain your parent's permission to use the Services. If you are less than 13 years old, you are not allowed to use the Services without providing Freewire with your parent's consent in the form required by Freewire. Parents may read further information by going to our Privacy Statement. If you are a parent permitting a minor to use the Services, you agree to: exercise supervision over the minor's use of the Services and access to the Internet, assume all risks associated with the minor's viewing of content received through use of the Services and the minor's transmission of materials, content, or information to another person via the Internet, assume any and all liabilities resulting from the minor's use of the Services, ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to Freewire registration forms.
9. YOUR PAYMENT OBLIGATIONS
Most of the Freewire Network can be freely accessed without paying a fee. Some premium services do require a fee. The fee-based Services are based on a fee paid by you via credit or debit account. If your credit card is not valid or if payment is not made for any reason you will be considered in default under the Agreement. If any payment due to Freewire under this Agreement is not paid when due, you agree to pay interest on the past due amount on a daily basis from the due date until the date paid at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by law. Service fees are paid via your credit or debit account. Freewire generally does not issue credits or refunds in the event of a change in Services requested or cancellations and any decision to process and honor a refund or credit request will be at the sole discretion of Freewire.
You will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Services. You will pay all sales or use taxes. You will also pay all other local, state or federal taxes arising out of your use of the Services.
10. INDEMNIFICATION OF FREEWIRE
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FREEWIRE AND ITS SERVICE PARTNERS, ADVERTISERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF THE SERVICES. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF SERVICES PROVIDED TO YOU.
11. WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FREEWIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, PRODUCTS OR SOFTWARE SOLD OR OTHERWISE MADE AVAILABLE ON THIS FREEWIRE NETWORK. FREEWIRE IS PROVIDING A SERVICE REMOTELY VIA THE INTERNET AND MULTIPLE PUBLIC AND PRIVATE FACILITIES, SOME OF WHICH ARE NOT WITHIN OUR CONTROL. FREEWIRE DOES NOT GUARANTEE THE QUALITY OR CONDITION OF THE SERVICE. FREEWIRE DOES NOT GUARANTEE THE SERVICES WILL BE ACTIVE AND AVAILABLE 100% OF THE TIME AND WILL NOT BE HELD LIABLE FOR ANY LOSSES IN THE EVENT THAT THERE IS A SERVICE FAILURE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT OR POWER TO CONSENT TO THE SERVICES. ADDITIONALLY, YOU NEED TO INDEMNIFY AND HOLD HARMLESS FREEWIRE FROM ANY DAMAGES RESULTING FROM BREACH OF THAT WARRANTY. YOU AGREE TO HOLD FREEWIRE HARMLESS FROM ANY DAMAGES RESULTING FROM SERVICE DISRUPTIONS.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL FREEWIRE AND ITS SERVICE PARTNERS BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT FREEWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FREEWIRE AND ITS SERVICE PARTNERS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL FREEWIRE'S LIABILITY TO YOU EXCEED ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO FREEWIRE, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE FREEWIRE SERVICES MAY BE BROUGHT BY YOU OR FREEWIRE MORE THAN ONE (1) YEAR AFTER THE EVENT, WHICH GAVE RISE TO THE CAUSE OF ACTION, HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, FREEWIRE'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. DEFAULT AND REMEDIES
You will be in default under this Agreement if you fail to comply with any provision of this Agreement, any representation made by you related to the Services is or becomes untrue, or if you fail to pay any amount when due (subject to a 10-day grace period for Customers in North America, and a 21-day grace period for Customers outside of North America). If you are in default in any way, Freewire may immediately declare all unpaid amounts due and payable, terminate this Agreement with respect to all or any part of the Services, or take any other lawful action the Freewire may deem appropriate to obtain damages for your breach.
14. COPYRIGHT NOTICE
Except where otherwise noted, all Freewire Network content is copyright (c) 2006-2009 Freewire, ALL RIGHTS RESERVED. For a request to reuse any content, please contact Freewire at email@example.com The Freewire Network contains links to information maintained by other entities, including our partners, advertisers and other third parties. Freewire does not provide any warranty about the accuracy or source of such information. All trademarks used or referred to on this Freewire Network are the property of their respective owners.