Your use of the website, JoinFreddie.com (the “Site”)and the content contained herein is subject to all of the terms and conditions stated in these Terms of Use (this “Agreement”). By accessing thisSite and/or using such materials, you agree to be bound by each provision of this Agreement. No other agreement relating to this Site will be effective and any attempt by you to create such an agreement between us shall be invalid. This Agreement may be changed by us at any time without notice to you and, therefore, it is your responsibility to abide by this Agreement each time you access this Site.
You understand and agree that by joining the Site by registering, accessing or using our services (described below),you are agreeing to enter into this Agreement with Freddie (even if you are using our Services on behalf of a company). If you do not agree to this Agreement do not join the Site and do not access or otherwise use any of our Services. If you wish to terminate this Agreement, at any time you can do so by closing your account and no longer accessing or using our Services.You further agree to be bound to our Community Guidelines and Privacy Policy.
This Agreement applies to JoinFreddie.com, JoinFreddie apps(if any), and other JoinFreddie-related sites, including our predecessors, parents, affiliates and partners (“Freddie” “we” or “us”), and all communications, networks, and other services that are offered in connection therewith, whether explicitly stated in this Agreement or otherwise (collectively, the “Services”), including the offsite collection of data for those Services.
We reserve the right to limit your use of the Services, the right to restrict, suspend, or terminate your account if you breach this Agreement or the law or are misusing the Services (e.g., violating any of our community guidelines.)
THIRD PARTY SITES: This site may contain links to sites owned or operated by parties other than Freddie. Such links are provided for your reference only. Freddie does not control outside sites and is not responsible for their content or operation. The inclusion of links to an outside site does not imply any endorsement of the material on that site (unless expressly disclosed otherwise), any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of such links imply that Freddie is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. You are prohibited from linking any other web site or other electronic medium to this site or any other site owned or operated by Freddie without our express written permission.
The content of the Site, including all text, photographs and graphics, and its compilation are the property of Freddie, its affiliates, parents, subsidiaries, or associates (collectively “Freddie”) or its content suppliers, are protected by U.S.and international copyright laws and may not be used except as set forth herein. Any designs featured on any products are the sole and exclusive property of their respective copyright holders and/or are subject to copyright protection. You do not have the right, and agree not, to copy, reproduce, modify, adapt or otherwise use any designs in any manner, except asa purchaser and user of their respective products and then only in accordance with applicable law. All software used on this site is the property of Freddie or its software providers.
OINFREDDIE ™ are trademarks of Freddie and may not be used in any way without our prior written permission. We vigorously enforce our rights in our trademarks and other intellectual property to the fullest extent permitted by law. All other trademarks not owned by Freddie which appear on this site are the property of their respective owners.
Nothing in this Agreement or your use of the Site or the Services shall be deemed a license, right to use, or other consent for your use of any property of Freddie, its partners, affiliates, heirs or assigns.
Your use of this web site is also subject to our Privacy Policy which is set forth on the Site, and which is incorporated herein by reference. Please review the Privacy Policy thoroughly, as it describes the use of your Personal Information, communications, and other data. Your use of the Services and acceptance of this Agreement is express consent to the Privacy Policy.
You own the content and information that you submit or post to the Site and used with the Services, however, you agree to grant to Freddie and our affiliates and partners, a perpetual, non-exclusive, royalty-free, worldwide, transferable and sublicensable license to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others, including the sale or sharing of your data, information, pictures or otherwise. These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Services and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We can include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your Personal Information may be visible and included with ads, as noted in the Privacy Policy.
We will get your consent if we want to give others the right to publish your content beyond the Services.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
You and Freddie agree that if content you provide includes Personal Information , it is subject to our Privacy Policy.You agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).
Both you and Freddie may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services.
The following shall survive termination:
Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
The terms of paragraphs 3, 6, 7, 8, and 9;
Any amounts owed by either party prior to termination remain owed after termination.
No Warranty: ALL MATERIAL, INCLUDING THE TEXT, PICTURES AND STORE REFERENCES, ON THIS SITE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH MATERIAL, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS, AND ALL WARRANTIES WHICH MAY BE IMPLIED FROM COURSE OF CONDUCT OR COURSE OF DEALING. WE DO NOT REPRESENT THAT THE INFORMATION CONTAINED ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL PRICES AND PRODUCTS ARE SUBJECT TO CHANGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.b.Limitation of LiabilityWE SHALL HAVE NO LIABILITY FOR ANY DAMAGES DUE TO ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR ANY DELAY OR INABILITY TO USE THIS SITE EXPERIENCED BY YOU, OR DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THIS SITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF YOUR USE OF THIS SITE OR THE MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.USE OF THE SITE SHALL CONSTITUTE YOUR EXPRESS CONSENT TO THIS LIMITATION OF LIABILITY.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify Freddie and its representatives and affiliates, at your own expense, from any and all claims and actions brought against us or any third-party, and anything libelous or defamatory, or that otherwise causes damage toFreddie or a third-party, whether it be sole or in concert with others, which results from your use of the Site, the Services, or any violation of any of the terms of this Agreement, including without limitation, any violations of any intellectual property rights of others. We reserve the right to handle our own defense if we see fit to do so, including the selection of our own counsel, with our attorneys fees being paid by you.
The Agreement between us as set forth in this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles thereof. Any dispute between us arising out of or relating to your use of the Services, including your purchase of any of our products, shall be exclusively subject to the jurisdiction of the New York State and Federal courts sitting in New York County, New York, and by using this Site you hereby consent to such jurisdiction. Severability. The determination that any provision of this Agreement is invalid or unenforceable shall not invalidate this Agreement, all of said provisions being inserted conditionally on their being considered legally valid and this Agreement shall be construed and performed in all respects as if any invalid or unenforceable provisions are omitted provided the primary purpose of this Agreement is not thereby impeded.Non-waiver. Failure or neglect of either Party hereto in any instance to exercise any right, power or privilege hereunder or under law shall not constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance.All waivers by either Party hereto must be contained in a written instrument signed by the Party to be charged.