Freedom Proxy Terms of Service
Legal Notice and Terms of Service
Use of the Freedom Proxy hence forth referred to as FP software and the Service is provided by FP, subject to the notices, terms, and conditions set forth below and on the FP web sites. We may regularly amend these notices, terms and conditions at any time without prior notice by posting new or revised terms of use policies and other documents on the FP web sites. It is important for you to check this and other terms and conditions related to use of FP and other FP products and services from time to time. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE FP WEB SITE. USE OF FP PRODUCTS AND SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH NOTICES, TERMS AND CONDITIONS.
1. Terms of Service
You understand and agree that FP is provided "AS-IS" and that we assume no responsibility for the failure or inaccuracy of FP. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you may incur in connection with your use of FP, and providing all equipment and software necessary to connect to our web site and to use FP via the Internet. We may add, delete or change some or all of our services provided in connection FP at any time. Any new features that augment or enhance FP will be subject to these notices, terms and conditions and will also be subject to all other applicable FP policies, terms, notices and conditions as discussed above. We may establish general practices and limits concerning use of FP. You agree to accept these general practices and limits as they may be in effect from time to time. In addition, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, FP (or any portion thereof), or your access to FP (or any portion thereof), for any reason or no reason, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of FP or your access to FP.
2. No Unlawful or Prohibited Use
As a condition of your use of the FP Service, you will not use the FP Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner which could damage, disable, overburden, or impair any FP Site/Service(s) (or the network(s) connected to any FP Site/Service(s)) or interfere with any other party's use and enjoyment of any FP Site/Service(s). You may not attempt to gain unauthorized access to any FP Site/Service, other accounts, computer systems or networks connected to any FP Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the FP Site/Service(s). You are responsible for any content that you post or transmit on or through the Service. You will not use the Service to carry out unlawful activities. You will not use the Service to spam or invade the privacy of, or threaten, other persons. If you violate any of these terms and conditions, your permission to use the FP Site/Service(s) automatically terminates.
3. FP's Right to Run Advertising Without Compensation to Users
FP reserves the right to run advertisements and promotions on all pages of the FP web sites. By accessing your FP accounts, you agree that we have the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising by us within the pages comprising your FP account is subject to change and shall be determined by us in our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FP web sites or FP client, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FP will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the FP web sites.
4. Links to Third-Party Sites
The FP website may provide, or third parties may provide, links to other World Wide Web sites or other Internet resources. Any third-party sites to which FP may link are not under control of FP. FP does not have any responsibility or liability for any information, contents, communications or materials available on such third-party sites.
5. Applicable law
This Legal and Terms of Service as well as all disputes arising out of or in connection with this terms shall be governed by the laws of the United States, without regard to or application of choice of law rules or principles. Any dispute arising out of or in connection with this Legal and Terms of Service, or in future agreements resulting there from, shall be exclusively resolved before the competent court in the United States.
6. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
7. Indemnification
FP users must agree to indemnify and hold FP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these notices, terms and conditions, or your violation of any rights of another.
BY USING FP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE NOTICES, TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THE FP SOFTWARE AGREEMENT, WHICH INCLUDES THIS FP LEGAL NOTICE AND TERMS OF SERVICE AND THE OTHER POLICIES AND DOCUMENTS POSTED ON THE THE FP WEB SITES, WHICH MAY BE MODFPIED FROM TIME TO TIME BY FP, AND ANY OTHER MATERIALS EXPRESSLY INCORPORATED HEREIN BY REFERENCE, ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES, AND SUPERSEDE ANY AND ALL PRIOR AND CONTEMPORANEOUS WRITTEN OR ORAL AGREEMENTS EXISTING BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER.
8. No Resale or Service
None of FP's users is allowed to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. Modifications to or Suspension of Service
FP reserves the right to modify or discontinue the Service temporarily or permanently, at any time, with or without notice. FP will attempt to provide reasonable notice of such changes to the services or the site.
10. FP's Proprietary Rights
The FP name, the FP logo, and other FP related properties are trademarks of FP. All other trademarks appearing on the Service are trademarks of their respective owners.
11. Disclaimer of Warranties
The services, content, audio transmissions or other data of any kind or nature made available at the site are provided on an "AS IS" and "AS AVAILABLE" basis or at the specific providers own terms. All representations and warranties, either express or implied are disclaimed, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. FP makes no warranty, representation or guaranty as to the content, accuracy, timeliness or completeness of the site or the information or that the information may be relied upon for any reason. Any material downloaded through the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material.
12. Limitation of Liability
You understand and agree that FP 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, resulting from:
(i) The use or the inability to use the service;
(ii) The cost of procurement of substitute goods, data, information or
services purchased or obtained or messages received or transactions entered
into through or from the service;
(iii) Unauthorized access to or alteration of your transmissions or data;
(iv) Statements or conduct of any third party on the service; or
(v) Any other matter relating to the service.
13. Willful misconduct and death or injury
The limitation of liability referred to in article 12 shall not apply in the event of (i) willful misconduct or gross negligence on the part of FP and/or (ii) in the event of claims for compensation as a result of death or injury. However, in no event shall FP's total liability to you for all damages exceed the amount of a $100.
14. Notice
The Service may provide notices of changes to the License Agreement or other matters by displaying notices or links to notices to you generally on the Service. You are obliged to update you knowledge hereto continuously. Lack of knowledge does not imply that these terms are not accepted by you.
15. Miscellaneous
These Terms of Service constitute the entire understanding of you and
FP with respect to the subject matter hereof. There are no understandings,
agreements, conditions or representations, oral or written, express or
implied, with reference to the subject matter hereof that are not merged
herein, expressly referenced herein, or superseded hereby. You also may
be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The
failure or delay of FP to exercise or enforce any rights or provision
of the Terms of Service may not constitute a waiver of such right or provision.
All provisions which must survive in order to give effect to their meaning,
shall survive any expiration or termination of these Terms of Service,
including without limitation all of your representations, warranties and
indemnification obligations. Should any part of these Terms of Service
be held invalid by any court or tribunal, such invalidity shall not affect
the validity of any remaining part, which will remain in full force and
effect as if these Terms of Service had been executed without that part
having been held to be invalid.