General Terms and Conditions of Service
General Terms and Conditions of Service
Welcome to FreeAwesome.com, an internet sweepstakes website. The FreeAwesome service is operated by AVCOM, LLC dba FreeAwesome ("we," "us," or "FreeAwesome"). By using the FreeAwesome website (the "Website") you agree to be bound by these General Terms and Conditions of Service (this "Agreement"). In addition, if you are an individual who wishes to become a FreeAwesome Member (a "Member"), communicate with other Members, and make use of the FreeAwesome service (the "Service"), you must read this Agreement and indicate your acceptance of its terms by following the instructions on the "Sign Up" page, and by clicking on "create my account" or "join now" link you confirm that you accept the General Terms and Conditions of Service."
- Eligibility. You must be eighteen (18) or over to use the Website, or register as a Member. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time. We may terminate your membership for any reason, at any time. Even after membership is terminated, certain sections of this Agreement will remain in effect. See Section 16 below for a list of the provisions of this Agreement that will survive the termination of your membership.
- Referrals. At certain points, the Site may prompt you to refer others to Free Awesome in exchange for tokens or other rewards. In order for the referrer to receive tokens or other rewards, the referred user must accurately complete the address information form that is required to complete the site registration process.
- Other Agreements. Please note that, if you sign up for one or more features of the Service that are provided by third parties, then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify FreeAwesome immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Virtual Currency. As a member, you may be given the opportunity to complete offers from our trusted partners in exchange for virtual currency ("Tokens") that cannot be cashed out or redeemed. AvCom reserves the right to revoke Tokens from a user's account in any one or more of the following scenarios: a) revocation of payment or tokens by the offer provider, b) reasonable suspicion of fraud misuse of the site or c) violations of the FreeAwesome Terms of Service If in any of the aforementioned scenarios, earned Tokens have been spent and cannot be revoked, AvCom reserves the right to suspend payment of prizes to the user.
- Non Commercial Use by Members. The Service and the Website are for the personal use of individual Members only. Unless you have registered, you may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by FreeAwesome or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your FreeAwesome profile or other content uploaded on the Website for the purpose of extracting such information or other content.
- Proprietary Rights in Content. a)Rights in Content Posted by FreeAwesome or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of FreeAwesome, our Members, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case. b) Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to FreeAwesome an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post. FreeAwesome reserves the right to investigate and take appropriate legal action against anyone who, in FreeAwesome's sole discretion, violates this provision, including without limitation, removing the offending communication and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of FreeAwesome: a)Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; b)Harasses or advocates harassment of another person; c)Exploits people in a sexual or violent manner; d)Contains nudity, violence, or offensive subject matter or contains a link to an adult website; e)Solicits personal information from anyone under 18; f)Provides any telephone numbers, street addresses, last names, URLs or email addresses; g)Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; h)Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; i)Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; j)Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); k)Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; l)Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; m)Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or n)Includes a photograph of another person that you have posted without that person's consent.
- Accounts. You may only possess one account on the Site. The creation of multiple accounts will result in the suspension or termination of all accounts.
- Further Restrictions on Your Use of the Website and the Service. You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
- Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us at FreeAwesome, PO Box 375, Morganville, NJ 07751-0375.
- Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.
- Disclaimers. a)We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service. b)WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. c)We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Service. The Website and the Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.
- Limitation on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
- Disputes. If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in New York, New York for the resolution of any such dispute.
- Indemnity. You agree to indemnify and hold FreeAwesome, its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
- Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 4 (Password), Section 6 (Proprietary Rights in Content), Section 10 (Member Disputes), Section 11 (Disclaimers), Section 12 (Limitation on Liability), Section 13 (Disputes), Section 14 (Indemnity), Section 16 (Survival), and Section 17 (Other).
Please contact us with any questions regarding this Agreement at info@FreeAwesome.com or FreeAwesome, PO Box 375, Morganville, NJ 07751-0375.