| The following are the terms and conditions
that govern the use of the PaidForFree.com website("The Site").
Please read them carefully, and keep them for future reference. The PaidForFree.com
Web Site Terms of Use Agreement (the “Terms of Use”)
is between the party using
The Site (”you”) and PaidForFree.com (”we” or “us”).
You should carefully read the Terms of Use before using The Site. By
using The Site you agree to be bound by the terms and conditions set
forth in the Terms of Use.
1.
We agree to provide you access to The Site in accordance with
the Terms of Use.
2.
You agree to use The Site in a manner consistent with the Terms
of Use and all applicable rules and regulations. You acknowledge
that you have read the Terms of Use and that you accept the
terms thereof. You agree to read these terms of use carefully
before using The Site. If you do not agree to the Terms of
Use, you may not access or otherwise use The Site.
3.
You accept that The Site is provided on an “as is, as available” basis.
4.
The materials included in The Site are for general information
purposes only. PaidForFree.com does not represent or endorse
the accuracy or reliability of any advice, opinion, statement,
or other information displayed or distributed through The Site.
You acknowledge that any reliance upon any such materials,
opinion, advice, statement, memorandum, or information shall
be at your sole risk. PaidForFree.com reserves the right,
in its sole discretion, to correct any errors or omissions
in any portion of The Site.
5. Your access to and use of The Site
may be terminated at any time for any reason or for no reason
by you or by us by the sending of notice to the other party.
6. We may, subject to and in accordance
with our Privacy Policy, for certain
purposes collect, process and transmit certain data obtained
from and about you in the course of your accessing the site.
By agreeing to these terms you agree to such data being so used
in accordance with our privacy
policy and under any applicable privacy and data protection legislation.
Information on how and what type of data (if any) is collected
about you can be obtained by clicking here to
review our Privacy Policy or by contacting
us.
7. The Site is protected by copyright
as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions, and other copyright laws. You
are authorized to download one copy of the material displayed
or performed on The Site (”Content”) on one computer
for your personal, non-commercial use only but you may not in
so doing remove or amend any trademark, copyright or other proprietary
notice. All materials contained on The Site are protected by
copyright, and are owned or controlled by PaidForFree.com
or the party credited as the provider of the Content. You will
abide by any and all additional copyright notices, information,
or restrictions contained in any Content on The Site. Permission
is given to view the material on these web pages and save that
material only for your personal reference. Copying or storing
of any Content for other than personal, noncommercial use is
expressly prohibited without the prior written permission from
PaidForFree.com or the copyright holder identified in the
individual Content's copyright notice.
8.
Subject to the above, you may not modify, copy, distribute, republish
or upload any of the material on The Site in any way unless
you obtain the prior written consent of PaidForFree.com.
No intellectual property or other rights shall be transferred
to you through your use of The Site. We are not able to confirm
that the materials contained on these web pages are correct
in every case. PaidForFree.com reserves the right to make
changes to The Site, including the availability of any feature,
database, Content, Web page materials, product information
and prices on The Site at any time without notice or liability.
PaidForFree.com may also impose limits on certain features
and services or restrict your access to parts or all of The
Site without notice or liability.
9.
To the extent that any portions of The Site (such as “chat
rooms” or “bulletin boards”) provide users
an opportunity to post and exchange information, ideas or opinions
(”Postings”), be advised that we do not screen, edit,
or review Postings prior to their appearance on this web site,
and Postings do not necessarily reflect our views. To the fullest
extent permitted by applicable laws, we exclude all responsibility
and liability for the Postings or for any losses or expenses
resulting from their use and/or appearance on The Site.
10. You represent, warrant and covenant
that: (a) you shall not upload, post or transmit to or distribute
or otherwise publish through The Site any materials which (i)
restrict or inhibit any other user from using and enjoying The
Site, (ii) are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit
or indecent, (iii) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate law, (iv) violate, plagiarize or infringe the
rights of third parties including, without limitation, copyright,
trademark, patent, rights of privacy or publicity or any other
proprietary right, (v) contain a virus or other harmful component,
(vi) contain any information, software or other material of a
commercial nature, (vii) contain advertising of any kind, or
(viii) constitute or contain false or misleading indications
of origin or statements of fact; and (b) that you are at least
eighteen (18) years old.
11.
We reserve the right to monitor all Postings or other materials
posted on The Site and to remove any which we consider in our
absolute discretion to be offensive or otherwise in breach
of these Terms of Use. We do not and cannot review all materials
posted to The Site by users, and we are not responsible for
any such materials posted by users. However, we reserve the
right at all times to disclose any information as necessary
to satisfy any law, regulation or government request, or to
edit, refuse to post or to remove any information or materials,
in whole or in part, that in the sole discretion of PaidForFree.com
are objectionable or in violation of these Terms of Use.
12.
You hereby represent and warrant that you have all necessary
rights in and to all Postings you provide and all material
they contain and that such Postings shall not infringe any
proprietary or other rights of third parties. By posting
messages, uploading files, inputting data or engaging in
any other form of communication (individually or collectively “Communications”)
to The Site, you hereby grant to PaidForFree.com, subject
to our Privacy Policy, a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty free license
to use, copy, license, sublicense, adapt, distribute, display,
publicly perform, reproduce, transmit, modify, edit and
otherwise exploit such Communications, in all media now
known or hereafter developed. You hereby waive all rights
to any claim against PaidForFree.com for any alleged or
actual infringements of any proprietary rights, rights of privacy
and publicity, moral rights, and rights of attribution in
connection with such Communications.
13.
You acknowledge that transmissions to and from The Site may be
read or intercepted by others, although illegal. Any unprotected
e-mail communication over the Internet is subject to possible
interception or loss, is not confidential and is also subject
to possible alteration. We are not responsible for and will
not be liable to you or any third party for damages in connection
with an e-mail sent by you to us or an e-mail sent by us to
you, or anyone you designate, at your request. Violators of
this section who use our services for any illegal purpose including
but not limited to repeated unwanted emails or “Spam,” may
be prosecuted to the full extent of the law. You acknowledge
that by submitting Communications to PaidForFree.com, no
confidential, fiduciary, contractually implied or other relationship
is created between you and PaidForFree.com other than pursuant
to these Terms of Use and any subsequent written agreement
entered into with PaidForFree.com.
14.
The Site, including all content, software, functions, materials
and information made available on or accessed through the site,
is provided “as is, as available.” to the fullest
extent permissible by law. PaidForFree.com and its subsidiaries
and affiliates make no representation or warranties of any
kind whatsoever for the content on the site or the materials,
information and functions made accessible by the software used
on or accessed through the site, for any products or services
or hypertext links to third parties or for any breach of security
associated with the transmission of sensitive information through
the site or any linked site. Further, PaidForFree.com and
its subsidiaries and affiliates disclaim any express or implied
warranties, including, without limitation, non-infringement,
merchantability or fitness for a particular purpose. PaidForFree.com
does not warrant that the functions contained in the site or
any materials or content contained therein will be uninterrupted
or error free, that defects will be corrected, or that the
site or the server that makes it available is free of viruses
or other harmful components. PaidForFree.com and its subsidiaries
and affiliates shall not be liable for the use of The Site,
including, without limitation, the content and any errors contained
therein. Further, in no event will PaidForFree.com be liable
for any loss of profits, business, use of data or for indirect,
special, incidental or consequential damages of any kind whether
based in contract, negligence or other tort. To the fullest
extent permitted by applicable laws, we on behalf of our employees,
agents, suppliers, and contractors, disclaim and exclude liability
for any losses and expenses
of whatever nature and howsoever arising, including without
limitation any direct, indirect, special, punitive, or consequential
damages, loss of use, loss of data, loss caused by a virus,
loss of income or profit, loss of or damage to property, claims
of third parties, or other losses of any kind or character,
even if we have been advised of the possibility of such damages
or losses, arising out of or in connection with the use of
The Site or any web site with which it is linked. You
assume total responsibility for establishing such procedures
for data back up and virus checking as you consider necessary.
15.
You hereby agree to indemnify, defend and hold PaidForFree.com,
and all its officers, directors, owners, agents, employees,
information providers, affiliates, licensors and licensees
(collectively, the “Indemnified Parties”) harmless
from and against any and all liability and costs incurred by
the Indemnified Parties in connection with any claim arising
out of any breach by you of these Terms of Use or the foregoing
representations, warranties and covenants, including, without
limitation, attorneys' fees and costs. You shall cooperate
as fully as reasonably required in the defense of any claim.
PaidForFree.com reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any
event settle any matter without the written consent of PaidForFree.com.
16.
Where we provide hypertext links from or to third party sites
we do so for convenience and information purposes only. We
do not review, endorse, approve or control, and are not responsible
for any sites linked from or to The Site, the content of
those sites, the third parties named therein, or their products,
resources or services. Linking to any other site is at your
sole risk and we will not be responsible or liable for any
damages in connection with linking, and we accept no liability
nor make any endorsement or approval of the same.
17.
These Terms of Use contain the entire understanding between us
with respect of The Site and no representation, statement,
inducement oral or written, not contained herein shall bind
either of us. PaidForFree.com reserves the right, at its
sole discretion, to change, modify, add or remove any portion
of these Terms of Use, in whole or in part, at any time. Notification
of changes in these Terms of Use will be posted on The Site.
18.
Should any part of the Terms of Use be declared invalid or unenforceable
by a court of competent jurisdiction, this shall not affect
the validity of any remaining portion and such remaining portion
shall remain in full force and effect as if the invalid portion
of the Terms of Use had been eliminated.
19.
The Site, any information provided from it and the Terms of Use
are given and made in the State of Delaware, United States
of America. This Terms of Use agreement shall be governed by
and construed in accordance with the laws of the State of Delaware,
without regard to conflicts of laws provisions. Sole and exclusive
jurisdiction for any action or proceeding arising out of or
related to this Terms of Use agreement shall be an appropriate
state or federal court located in New Castle County in the
State of Delaware.
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