These terms and conditions (the "Terms and Conditions") constitute an agreement between you and FreakJet, LLC ("FreakJet"), and govern your use of the website www.FreakJet.com (the "Website") and your submission (a "Submission") of any material, including without limitation, your comments, name, text, photographs, videos, and any other content or information (the "Content") for use on the Website as set forth below. By using the Website, or making a Submission of any Content to the Website, you are agreeing to be bound by the following terms and conditions. FreakJet reserves the right to modify these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions and any additional terms and conditions posted to these Terms and Conditions. Your continued use of the Website constitutes your agreement to all such additional terms and conditions. You understand that you must be eighteen (18) years of age or older in order to submit Content.
By making a Submission of Content, you hereby grant to FreakJet, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, the unlimited right and permission to use the Submission or Content or any part thereof, as well as any other information you provide to FreakJet, anywhere in the world, at any time, in any manner, media or venue (whether now known or hereafter devised) and for any lawful purpose whatsoever, including, without limitation, for purposes of commerce, merchandising, entertainment, advertising, promotion or trade in promoting and publicizing the Website, FreakJet, and its products and services. FreakJet shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in any manner for any purpose that FreakJet deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the Submission.
FreakJet shall have no obligation (express or implied) to post or otherwise use your Submission and FreakJet may at any time remove your Submission at any time and for any reason without prior notice. FreakJet reserves the right to decide whether Content or a Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. FreakJet may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. In addition, FreakJet shall have the right to prevent any person from using this Website at FreakJet's sole discretion. You may terminate your use of the Website at any time. FreakJet may suspend or terminate your access to the Websites or terminate these Terms of Service, at any time, for any reason. If FreakJet suspects that you have violated any provision of these Terms of Service, FreakJet may also seek any other available legal remedy. Your rights under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the Websites, even after you have stopped using the Websites.
You represent and warrant to FreakJet as follows:
The content on this Website is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Website for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Website. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Website.
You understand and agree that when using the Website, you may be exposed to Content posted or submitted by users (collectively, "User Generated Content"), and that FreakJet is not in any manner responsible for the User Generated Content, and that FreakJet does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User Generated Content, and that FreakJet cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website.
You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, FreakJet is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.
Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of FreakJet or its affiliated or related entities or content providers.
FreakJet does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and FreakJet expressly disclaims any and all liability in connection with User Generated Content and Submissions. FreakJet does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FreakJet will remove all Content and Submissions if properly notified in a manner consistent with law and FreakJet' Copyright Infringement Notification policy that such Content or Submission infringes on another's intellectual property rights. FreakJet reserves the right to remove Content and Submissions without prior notice.
FreakJet respects the intellectual property rights of others and expects users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please send this information to firstname.lastname@example.org. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, FreakJet will also terminate a user's account if the user is determined to be a repeat infringer.
Your access to and use of the Website or any Content is at your own risk. You understand and agree that the Website is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, FREAKJET AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Website or any content thereon. FreakJet will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, or any Content. You also agree that FreakJet has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website. We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from FreakJet or through the Website, will create any warranty not expressly made herein.
In addition to any fee of which you are notified, your carrier's standard rates apply to any use of or correspondence with FreakJet by you to include but not limited to voice, data, SMS, and MMS fees. All charges are billed by and payable to your mobile service provider.
We will not be liable for any delays in the receipt of any information or messages between you and FreakJet, as delivery is subject to effective transmission from your network operator. All services are provided on an AS IS basis.
Data obtained from you in connection with FreakJet's service may include your location, your cell phone number, your carrier's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party without your consent.
You hereby agree to defend, indemnify and hold FreakJet, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney's fees, relating to or arising out of your use of the Website, including, without limitation, any use of your Submission by FreakJet and any breach or alleged breach of any of your warranties, representations or agreements hereunder.
The site is intended for adults and adults only. We do not intentionally or knowingly collect, personally-identifiable information from people under the age of eighteen (18) and we request that individuals under the age of eighteen (18) not view this Website or submit any personal information or Submissions on the Website.
You may be able to link to third parties' Websites ("Linked Sites") from the Website or any other FreakJet website. Linked Sites are not, however, reviewed, controlled, or examined by FreakJet in any way and FreakJet is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply FreakJet's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall FreakJet be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites.
You should direct any concerns to that site's administrator or webmaster. FreakJet reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to the Website. To seek our permission, you may write to FreakJet at email@example.com. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our sole discretion at any time.
From time to time, FreakJet may offer as part its services, either on or through the Website, contests, promotions, simulations or games (collectively, "Games"). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of FreakJet. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. FreakJet, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release FreakJet and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Website. FreakJet is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User.
A Registered User who violates any of the rules or guidelines for behavior published on the Website, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. FreakJet is under no obligation to award any prize to any Registered User who violates a published rule or guideline. Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
FreakJet reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
It is your responsibility to notify us at firstname.lastname@example.org if you ever suspect that your personal information has been compromised. You are solely responsible for any unauthorized use of the site conducted via your personal information.
In operating this site, FreakJet does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or FreakJet mail and e-mail addresses, or in any other way. Any information or material submitted or sent to FreakJet, shall be deemed not to be confidential or secret.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. FreakJet cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
The Website is solely directed to individuals residing in the United States. We make no representation that Content available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Website and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
These Terms and Conditions constitute the entire agreement between you and FreakJet. These Terms and Conditions and the relationship between you and FreakJet shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.FreakJet's failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. FreakJet may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Last Revised: January 2011
FreakJet is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. FreakJet collects some or all of the following information whenever you sign up for or use the various FreakJet services and products, including without limitation the FreakJet Web site any other Web site owned or operated by FreakJet (each a "Website"), online mobile service, and telephone service, and/or purchase products or services offered by FreakJet or any affiliate (collectively, the "Service"). Some of this information is collected automatically and some is collected only when you provide it voluntarily.
FreakJet is not designed or intended for use by children under 13. If you are under 18, you should use FreakJet only with involvement of a parent or guardian. Children under 13 may not submit any Personally Identifiable Information (as defined below) to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.
This does not mean that we can prevent spam from happening on the Internet. Unfortunately, spammers obtain email addresses in a number of devious ways, including when you respond and ask to be taken off a spam email list and in some cases by just generating emails to millions of random email addresses in the hopes of getting a few "live" ones. Please be assured that at FreakJet we hate spam as much as you do, and we do our best to avoid contributing to it. All of our newsletters and other general email marketing communications also include an "unsubscribe" opt-out link that you may use to ask that we discontinue such emails to you. (Even if you opt-out of our newsletter or other marketing communications, we may still send you certain transactional or administrative emails, such as email confirmations of purchases, or emails regarding changes to your account).
All that said, if you believe that you have gotten unsolicited email from us, please contact us and we will investigate. Please be assured that we strive not to contact anyone for marketing purposes without permission, and if you prefer not to receive any further marketing communications from us, just tell us and we'll try to make sure you never hear from us again.
Personally Identifiable Information.
Personally identifiable information is information that identifies you as an individual, such as your name, mailing address, phone number, email address, credit/debit card number and expiration date (or other payment-method information), login ID, member name and password ("Personally Identifiable Information"). When you sign up for or use the Website or other Service, FreakJet collects some amount of Personally Identifiable Information from you. FreakJet also collects Personally Identifiable Information that you may voluntarily provide when you use the Website or other Service, that you may disclose in a public area of the Website or other Service (such as a rating/review page, message board or chat room), or that you may include if you communicate with FreakJet. In addition, when you use certain features of the Website or other Service, FreakJet will collect the email addresses or other Personally Identifiable Information of others that you may provide.
Non-Personally Identifiable Information.
FreakJet collects information from you automatically when you use the Website or other Service. However, the information that FreakJet collects automatically does not contain Personally Identifiable Information. The automatically collected information may include information such as your browser type, the URL of the previous Web sites you visited, the Web pages and advertisements you view or select, the type of Service you use and the searches you conduct. FreakJet also collects information that does not include Personally Identifiable Information when you voluntarily provide it (such as in response to a questionnaire or survey) or post it to a public area of the Website or other Service (such as a rating/review page, message board or chat room).
An IP address is a number that is assigned to your computer automatically when you use the Internet. FreakJet logs your IP address when you use the Website or other Service. FreakJet uses your IP address to track your use of the Website or other Service.
Pixels, also called clear GIFs, are invisible files on Web pages that you visit. When you visit a page on the Website that contains a pixel, the pixel communicates with your computer to determine, among other things, whether you have been to that page before or viewed a particular advertisement. FreakJet uses pixels to serve advertising, enhance email advertising, and track usage of the Website or other Service.
Where authorized and as permitted by FTC guidelines and all other applicable laws, rules and regulations, FreakJet may also use or allow the use of web beacons, trusted vendors and other third party companies who may gather data for purposes of advertising and/or to report website traffic and statistics. FreakJet may also use other monitoring technologies to gather anonymous statistics about our website visitors.
Personally Identifiable Information.
FreakJet uses your Personally Identifiable Information to notify you of changes to the Website or other Service, to let you know about events or other entertainment opportunities, and other products or services you may be interested in, and to request your participation in surveys or other promotions. You can choose not to receive certain communications from FreakJet as described in the section below entitled "Receiving Communications and Opting Out." FreakJet also uses your Personally Identifiable Information to process and fulfill your purchases, provide you with information that you request, and deliver content to you that is relevant to your interests.
FreakJet also combines your usage information for the Website or other Service with that of other users to determine which features and areas of the Website or other Service are most popular. By collecting and analyzing this data, FreakJet can improve the Website or other Service. This "Aggregate Information" does not contain any of your Personally Identifiable Information.
FreakJet shares Aggregate Information with potential partners, advertisers, investors and other interested third parties in connection with the marketing of FreakJet's products and services. However, Aggregate Information does not include any of your Personally Identifiable Information.
Selling and Renting Information.
FreakJet does not sell or rent your Personally Identifiable Information to third parties. However, in the event that you expressly opt-in via the Website or other Service to receive particular products or services, or information about products or services, that are offered by third parties, or otherwise authorize us to do so, we will share your Personally Identifiable Information with those third parties as appropriate for those limited purposes. FreakJet may also share with those same third parties certain limited personal information that, without other information, does not specifically identify you.
Sharing with Social Networks or Other Websites You May Authorize.
If you are a member of a social network service (such as FreakJet, Facebook, Foursquare, MySpace, etc.) or you use other Internet sites where you have authorized them to gather information about your online behavior on FreakJet (for instance, to notify your friends that you have uploaded information to FreakJet), including participation in any behavioral reporting program that they may operate on or off of their own site (i.e., Facebook Beacon, etc.), FreakJet may share information regarding your activities on our Website or other Service with those third parties pursuant to your authorization, and they may associate that information with Personally Identifiable Information they already have about you (such as your Facebook Profile) and use it to improve their site or services or for other purposes. FreakJet does not control the privacy policies of such third parties, and their privacy policies will govern their use of your information once it has been transmitted by FreakJet. FreakJet assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third parties that you authorize to gather information from FreakJet.
FreakJet may also share cookies and pixels with trusted service providers or other third parties to customize your experience on the Website or other Service or to provide you with more relevant information or otherwise improve your experience on other Web sites, but those third parties will not contact you directly. FreakJet may transfer the Personally Identifiable Information it collects to any affiliates, trusted business partners or joint venturers, or successors in interest to FreakJet, such as a company that acquires FreakJet. FreakJet may also disclose your Personally Identifiable Information if it determines that an applicable law, regulation or legal process requires it, or if FreakJet determines that it needs to share such information to protect or enforce FreakJet's rights or the rights of another user.
Receiving Communications and Opting Out.
During registration and certain interactions with FreakJet, you can "opt out" of receiving certain communications from FreakJet and our partners. All of our newsletters and other general email marketing communications also include an "unsubscribe" opt out link that you may use to ask that we discontinue such emails to you. (Even if you opt-out of our newsletter or other marketing communications, we may still send you certain transactional or administrative emails, such as email confirmations of purchases, or emails regarding changes to your account.)
Correction and Deletion of Information.
You can obtain a copy of your Personally Identifiable Information from FreakJet customer support. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personally Identifiable Information. You may correct any errors in your Personally Identifiable Information by providing FreakJet with the correct information. In addition, FreakJet will delete all of your Personally Identifiable Information (except for your transaction history) from our records upon your request. If you choose to delete your Personally Identifiable Information, you may not be able to access some areas of the Website or other Service.
We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the Personally Identifiable Information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss which is beyond our control. Accordingly, FreakJet assumes no responsibility or liability for disclosure of your information (personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond FreakJet's reasonable control.
Disclosure of Information in Public Areas.
If you voluntarily disclose Personally Identifiable Information in a public area of the Website or other Service, such as a rating/review page, chat room or message board, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. FreakJet does not control the actions of users in public areas of the Website or other Service. If you disclose Personally Identifiable Information in a public area, you do so at your own risk.
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