FreeBin
TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
By using Freebin in any way, you are agreeing to comply with these Terms of Service (TOS). In addition, when using Freebin services, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with Freebin in any way, your only recourse is to immediately discontinue use of Freebin. Freebin has the right, but is not obligated, to strictly enforce the TOS through any and all lawful means, including, but not limited to, active investigation, litigation and prosecution.
2. DEFINITION
Subject to these TOS, Freebin, aka freebin.org or freebin.net, provides an online posting service and related services for facilitating the gift economy and serving the gift economy community. Freebin is not a service for buying and/or selling.
3. MODIFICATIONS TO THIS AGREEMENT
Freebin reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOS at:
http://www.freebin.net/offers/terms.php
4. GIVING AND RECEIVING
The purpose of Freebin is to facilitate the giving and receiving of products and services, unconditioned by strict considerations of quid pro quo (something for something), among all willing participants throughout the world. Although Freebin allows the requesting and receiving of money in itself, requesting or giving money in exchange for goods and services is prohibited. In lieu of buying and selling, Freebin espouses giving and receiving. Postings requesting or offering money in exchange for products or services are a violation of these TOS and will be deleted.
5. USE BY MINORS
Freebin is intended for participants of ages 18 and over. However, minors over the age of 13 may under parental permission and supervision use Freebin services. In such cases, parents accept all risks and responsibilities of allowing minors under their care to use the Freebin website. Freebin does not knowingly accept postings by minors under the age 13.
6. CONTENT
All postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from Freebin postings, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item of content that you post, email or otherwise make available via the Freebin website. Freebin does not control, and is not responsible for content made available through the Freebin website, and that by using the Freebin website, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Freebin website and content available through the Freebin website may contain links to other websites, which are completely independent of Freebin. Freebin makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will Freebin be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Freebin website. You acknowledge that Freebin does not pre-screen or approve content, but that Freebin shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content, for violating the letter or spirit of these TOS or for any other reason.
7. THIRD PARTY CONTENT, SITES, AND SERVICES
The Freebin website and content available through it may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Freebin, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole.
Your interactions with organizations and/or individuals found on or through the Freebin website, including delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any of these third parties.
You agree that Freebin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Freebin is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Freebin, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or use of the Freebin services. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
8. NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify Freebin for notice of claims of copyright or other intellectual property infringement at: policy@freebin.org
In your claim, please provide the following:
a) A statement clearly identifying the material on the Freebin website that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Freebin will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
9. PRIVACY AND INFORMATION DISCLOSURE
Freebin has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
http://www.freebin.net/offers/privacy.php
Your use of the Freebin website signifies acknowledgement of and agreement with the Freebin Privacy Policy. You further acknowledge and agree that Freebin may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Freebin, its users or the general public.
Any such content and information may be used by Freebin to help improve Freebin services.
10. CONDUCT
You agree not to post, email, or otherwise make available content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that discriminates on the basis of race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, or misinformative;
g) that infringes any lawful patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Freebin website which are not designated for such purposes; or emailed to Freebin users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:
http://www.freebin.org/prohibited.php
Additionally, you agree not to:
j) contact anyone for any commercial purpose;
k) harass or be rude to other Freebin participants;
l) collect personal data about other users for commercial or unlawful purposes;
m) post the same item or service in more than one classified category;
11. LIMITATIONS ON SERVICE
You acknowledge that Freebin may establish limits concerning use of its services, including the maximum number of days that content will be retained, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by Freebin, and the frequency with which you may access Freebin services. You agree that Freebin has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by Freebin. You acknowledge that Freebin reserves the right at any time to modify or discontinue service (or any part thereof) with or without notice, and that Freebin shall not be liable to you or to any third party for any modification, suspension or discontinuance of service.
12. ACCESS TO THE SERVICE
Freebin may offer RSS format feeds so that users can embed such feeds into a personal website or blog, or view postings through third party software news aggregators. Freebin permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for non-commercial purposes only, (b) each title is correctly linked back to the original post on the Freebin website and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Freebin' as the source, (d) your use or display does not suggest that Freebin promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Freebin's systems. Freebin reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of Freebin services beyond the scope of authorized access granted to you by Freebin immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Freebin website or any content made available via the Freebin website for other purposes (including commercial purposes) not stated herein, you must first obtain permission from Freebin.
13. TERMINATION OF SERVICE
You agree that Freebin, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Freebin services (or any part thereof), immediately and without notice, and remove and discard any posted content, for any reason, including, without limitation, if Freebin believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that Freebin shall not be liable to you or any third-party for any termination of your access to Freebin services. Further, you agree not to attempt to use the Freebin services after said termination. Sections 3, 7, 9, and 11-16 shall survive termination of these TOS.
14. PROPRIETARY RIGHTS
Although Freebin does not claim ownership of content that users post, by posting content, you automatically grant, and you represent and warrant that you have the right to grant Freebin an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content, you automatically grant Freebin all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
You agree that use of the Freebin website is entirely at your own risk. Freebin provides services on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement or proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Freebin disclaims:
a. any warranties for the security, reliability, timeliness, accuracy, and performance of the freebin website;
b. any warranties for other services or products received through, announced, or advertised on the Freebin website, or accessed through any links on the Freebin website;
c. any warranties for viruses or other harmful components in connection with the Freebin website.
16. LIMITATIONS OF LIABILITY
Under no circumstances shall Freebin be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Freebin has been advised of the possibility of such damages), resulting from any aspect of your use of the Freebin website, whether the damages arise from use or misuse of the Freebin website, from inability to use the Freebin website, or the interruption, suspension, modification, alteration, or termination of the Freebin website. Such limititation shall also appliy with respect to damages incurred by reason of other services or products received through, announced, or advertised in connection with the Freebin website or any links on the Freebin website, as well as by reason of any information or advice received through, announced, or advertised in connection with the Freebin website or any links on the Freebin website. These limitations hall apply to the fullest extent permitted by law.
17. INDEMNITY
You agree to indemnify and hold Freebin, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through Freebin, your use of the Freebin website, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Freebin and govern your use of the Freebin website, superceding any prior agreements between you and Freebin. The TOS and the relationship between you and Freebin shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Freebin agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Francisco, California. The failure of Freebin 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. 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 Freebin website or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS, by flagging the posting(s) for review, or by emailing to:
admin@freebin.net
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Freebin to pursue legal action to enforce these Terms, you will be liable to pay Freebin the following amounts as liquidated damages, which you accept as reasonable estimates of damages to Freebin for the specified breaches of these terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Freebin one thousand dollars ($1,000) for each such message. This provision does not apply to content that constitutes lawful non-deceptive parody of public figures.
b. If Freebin establishes limits on the frequency with which you may access Freebin services, or terminates your access to or use of Freebin services, you agree to pay Freebin one-hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access any Freebin service in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Freebin email addresses or through Freebin computer systems, you agree to pay Freebin twenty five dollars ($25) for each such email.
d. If you post content in violation of the TOS, other than as described above, you agree to pay Freebin one-hundred dollars ($100) for each item of content posted. In its sole discretion, Freebin may elect to issue a warning before assessing damages.
e. If you are a posting agent that uses the Freebin website in violation of these TOS, in addition to any liquidated damages under clause (d), you agree to pay Freebin one-hundred dollars ($100) for each and every item you post in violation of these TOS. A posting agent will also be deemed an agent of the party engaging the posting agent to access Freebin services (the "principal"), and the principal (by engaging the posting agent in violation of the TOS) agrees to pay Freebin an additional one-hundred dollars ($100) for each item posted by the posting agent on behalf of the principal in violation of the TOS.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content (except for your own content) in violation of these TOS without Freebin's express written permission, you agree to pay Freebin three-thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Freebin's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Freebin retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
20. FEEDBACK
We welcome your questions and comments on these Terms of Service at:
admin@freebin.net
posted 03/30/10
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