Terms & Conditions
Community Standards and Conduct in Websites Forums
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Websites’ Service. FreshMarkIt does not control all of the Content posted via the Websites’ Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Websites’ Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FreshMarkIt be liable in any way for any Content, including, but not limited to, for any errors or omissions in 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 transmitted via the Websites.
You agree to not use the Websites (including the Websites Forums described below) to:
upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a FreshMarkIt or Websites official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Websites’ Service or an Websites’ Forum are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in meaningful exchanges; interfere with or disrupt the Websites Service or servers or networks connected to the Websites’ Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites’ Service; intentionally or unintentionally violate any applicable local, state, national or international law; “stalk” or otherwise harass another member or user of the Websites’ Service; or collect or store personal data about other users or members. A “Forum” refers to any chat area, bulletin board, “instant messaging” or virtual community offered as part of the Websites’ Service.
All Websites’ Forum communications are public and not private communications. You shall remain solely responsible for the content of your messages. Although FreshMarkIt reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
Your privilege to use the Websites’ Forums and contribute to discussions on the Websites’ Forums depends on your compliance with the member conduct guidelines set forth above. FreshMarkIt may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, FreshMarkIt, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.
FreshMarkIt reserves the right to monitor some, all, or no areas of Websites’ Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, FreshMarkIt is acting as a passive conduit for such distribution and FreshMarkIt is not undertaking any obligation or liability relating to any content or activities on the Web Site or in any Forum or Forum area.
By posting or submitting content to Websites, you grant FreshMarkIt and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by FreshMarkIt will not infringe or violate the rights of any third party.
By sending scripts, creative suggestions, ideas, notes, drawings, documents, or other information, collectively “Contributions”, directly to FreshMarkIt through website contact forms, email, voicemail, non-electronic mail or other means of direct communication, you, the Sender, acknowledge and agree that your contribution automatically becomes the property of FreshMarkIt without any obligation to you. FreshMarkIt may reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the contribution in any form, anywhere and for any purpose without compensation to you. You warrant and represent that you own or otherwise control all of the rights to the contribution and by FreshMarkIt using your contribution, FreshMarkIt will not infringe or violate the rights of any third party.
The Websites’ Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FreshMarkIt has no control over such sites and resources, you acknowledge and agree that FreshMarkIt is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FreshMarkIt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRESH MARK IT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRESH MARK IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FRESH MARK IT SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES’ SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES’ SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES’ SERVICE. IN NO EVENT SHALL FRESH MARK ITS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Termination and Modification
Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEBSITES’ SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF FRESH MARK IT, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN BROWARD COUNTY, FLORIDA (OR THE APPRPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
COPYRIGHT AND COPYRIGHT NOTICES
FreshMarkIt respects the intellectual property of others, and we ask our users to do the same. FreshMarkIt may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FreshMarkIt’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(Adopted January 14, 2015)