The following terms and conditions govern all use of the Freemocks website and all content, services and products available at or through the website. The Website is owned and operated by Freemocks, is a copyrighted work belonging to Freemocks. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 Website or use any services. If these terms and conditions are considered an offer by Freemocks, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
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These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
- Account Creation. If you create an account on the Freemocks Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Freemocks may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Freemocks liability.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify the Freemocks of any unauthorized use, or suspected unauthorized use of your Account. Freemocks cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Access to the Site
- Subject to these Terms, Freemocks grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal use.
- The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
- Freemocks reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Freemocks will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part. Freemocks reserves the right to ban any member or website from using the service for any reason.
- You agree that Freemocks has the right (though not the obligation) to provide you with any support in connection with the site, however any case customer service will be provided if you ask kindly.
- Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Freemocks or Freemocks’s suppliers and creative team. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Freemocks and its suppliers reserve all rights not granted in these Terms.
- User Content
- User Content.
- User Content means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Freemocks. Because you alone are responsible for your User Content, you may expose yourself to liability. Freemocks is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
- You hereby grant to Freemocks an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
- By uploading your screenshots to Freemocks you give Freemocks permission to use or distribute your screenshots on freemocks.com or affiliated sites.
- Acceptable Use Policy. The following terms constitute our Acceptable Use Policy
- You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
- Without limiting any of those representations or warranties, Freemocks has the right (though not the obligation) to, in Freemocks’s sole discretion (i) refuse or remove any content that, in Freemocks’s reasonable opinion, violates any Freemocks policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Freemocks’s sole discretion. Freemocks will have no obligation to provide a refund of any amounts previously paid.
- We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
- If you provide Freemocks with any feedback or suggestions regarding the Site, you hereby assign to Freemocks all rights in such Feedback and agree that Freemocks shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Freemocks will treat any Feedback you provide to Freemocks as non-confidential and non-proprietary.
- You agree to indemnify and hold Freemocks and its officers, employees, and agents harmless, including costs and attorneys fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Freemocks reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Freemocks. Freemocks will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Links & Ads; Other Users
- Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Freemocks, and Freemocks is not responsible for any Third-Party Links & Ads. Freemocks provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third partyâ€™s terms and policies apply, including the third partyâ€™s privacy and data gathering practices.
- Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Freemocks will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
- You hereby release and forever discharge the Freemocks and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: â€œa general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.â€
The site is provided on an as-is and available basis, and Freemocks and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- Limitation on Liability
To the maximum extent permitted by law, in no event shall Freemocks or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if Freemocks has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Freemocks will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
- Copyright Policy.
Freemocks has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA").
The contact information of Freemocks’s Designated Agent for copyright takedown notices ("Designated Agent") is:
If you believe that Content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Freemocks is capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Freemocks will respond to valid DMCA requests within 10 days. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email us again at firstname.lastname@example.org confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
In an effort to be transparent in removing or restricting access to user-uploaded content, Freemocks may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
After removing access to the material pursuant to a valid DMCA notice, Freemocks will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material.
Freemocks reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Freemocks by providing the following information to the Designated Agent at the address above:
- The specific URLs of material that Freemocks has removed or to which Freemocks has disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Essex County, Massachusetts if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature.
Upon receipt of a valid counter-notification, Freemocks will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Freemocks does not receive any such notification within ten (10) days, we may restore the material to the Services.
- Electronic Communications. The communications between you and Freemocks use electronic means, whether you use the Site or send us emails, or whether Freemocks posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Freemocks in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Freemocks provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
- Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word ‘including’ means ‘including without limitation’. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Freemocks is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Freemocks’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Freemocks may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Intellectual Property. This Agreement does not transfer from Freemocks to you any Freemocks or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Freemocks. Freemocks, the Freemocks logo, and all other trademarks, service marks, graphics and logos used in connection with Freemocks, or the Website are trademarks or registered trademarks of Freemocks or Freemocks licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Freemocks or third-party trademarks.
- ◦ Contact Information:
- Email: email@example.com