Terms Of Use

(Last modified: January 10, 2021)

These Terms of Use constitute a legally binding agreement between us and you (“you”, “User”). These Terms of Use together with our Privacy Policy (collectively “Terms”) govern your access and use of our website, currently located at www.freakymart.com (“Website”).

ACCEPTANCE OF TERMS: by accessing or using the Website or otherwise using the Service (as defined below) you hereby you acknowledge that you have read, understood and agreed to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the Services. You accept the Terms by simply using the Service. You understand and agree that we will treat your use of the Service as acceptance of the Terms from that point onwards. You further acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you which further enforces class action waiver and arbitration provision as detailed below in the dispute resolution section herein below. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT ACCESS OR USE THE WEBSITE, OR USE THE SERVICES IN ANY MANNER.

We reserve the right, at our discretion, to revise or update the Terms at any time. Such changes shall be effective upon publication of the amended Terms. The last revision will be reflected in the “Last Modified” heading. Your continued use of the Website thereafter constitutes you consent to such changes and you agree to be bound by them. Please make sure to review our Terms periodically.

You represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. Children under 13 are prohibited from using the Service. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact us. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.

SCOPE OF SERVICE

Our Website enables you to access daily aggregated content including articles, images, pictures, motions, text, information, blogs and video footage created either by us (“Company Content”) or by our third-party partners (“Third Party Content” and together with the “Company Content” shall be defined as the “Website Content”) from various sources, topics and themes (collectively, the “Service(s)”).

RESTRICTIONS OF USE

The Website, Website Content and Services are provided solely for your personal, non-commercial use (unless you obtain Company’s prior written approval). You hereby agree you will not, directly or indirectly:

  • make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Website, Website Content and Services or attempt to derive the source code of the Services or attempt to gain unauthorized access to the Website or its related systems or networks;
  • sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit or make the Website Content available to any third party, or any portion thereof;
  • use the Website or the Website Content in any fraudulent or unlawful manner (including without limitation in violation of any third party’s privacy or proprietary right, or any export control laws) or in any manner that interferes with or disrupts the integrity or performance of any portion of the Website or Service, or engage in any activity that interferes with, or disrupts, any provision of the Service, or use of them in a manner which violates any applicable local, state, national, or international law or regulation, or for any unlawful, harmful, irresponsible, or inappropriate purpose;
  • use the Website or Service in any way that violates any term of these Terms;
  • assert any proprietary rights in or to the Website Content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party;
  • use, access or attempt to access the Website or Service in connection with any automated means, including robot, spider, crawlers, scrapers or other automatic devices or manual processes to monitor or copy any content contained therein, or use such means to extract information from the Website, or access the Website by any means other than through the interface that is provided by us;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, or any part or the Service, or attempt to gain unauthorized access to any portion of the Website through any means, or interfere with or disrupt the operation of Service, including, without limitation, transmitting viruses, worms, Trojan horses, or other destructive items or harmful codes;
  • alter or modify any part of the Service to any purpose;
  • disrupt, disable, overburden, damage, modify or interfere with the Services or otherwise impair or degrade its performance in any way or impede or interfere with others’ use of the Services;
  • use Company’s name, logo or trademarks without Company’s prior written consent;
  • Extract, collect or store personal data about other users without their express permission.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, AT COMPANY’S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.

THIRD PARTY CONTENT AND SITES

We exercise no editorial or programming control over Third Party Content. You understand that (a) we do not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Content; (b) Third Party Content is not under our control and we are not responsible for and do not endorse, promote or encourage such Third Party Content; (c) owners or licensors of the Third Party Content may change or delete Third Party Content or schedules at any time; and (d) we are not responsible for and do not monitor or control any Third Party Content or the distribution thereof. You agree that we will not be held responsible or liable for any injury, loss or damage of any sort incurred as the result of your use of or access to any Third-Party Content on or through the Service and Website, and you are solely responsible for your reliance upon any Third Party Content made available on or through the Service and Website. You acknowledge and agree that Third Party Content may be copyrighted material of the third party that submitted or provided it, is protected by the applicable copyright law, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except as permitted by applicable law. You may not remove or attempt to circumvent any copyright protection mechanisms and any attempts to remove or circumvent or removals or circumventions may subject you to liability.

We may also present links to third party websites or third party services not owned or operated by us (“Third Party Sites”). By entering those Third Party Websites, you will be subject to such Third Party Sites’ terms of services and privacy policies, which may be found on the relevant Third Party Sites. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any content of any such Third Party Site or their goods or services available through any such Third Party Sites. Certain functionalities of the Service may also require that you agree to additional terms and conditions of Third Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third Party Sites. Some of the services offered by our approved partners may be subject to a fee or payment.

USER GENERATED CONTENT

The user generated content (“UGC”), refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us. The UGC shall include, among other images, comments, posts, texts, icons, links, opinions and feedback provided by you and by other users, etc. You hereby undertake and agree that the UGC uploaded by you may not violate any applicable law, including but not limited to: (a) contain hateful content, including any content that might encourage or suggest violence of any kind including but to limited to violence and racism based on religion, discriminatory, age, gender identity, sexual orientation, ethnic, nationality and ethnic origin; (b) contain adult and pornography content, including, any content that is sexual by its nature such as images containing nudity or sexual language such as descriptions of sexual acts or any content which contains alcohol-related or other mature content (including advertisements); (c) contain any content or engages in a behavior which may infringe in any way third party intellectual property, including but not limited to patents, copyrights, logos, tradenames, trademarks trade secrets etc.; (d) contain any content or engage in any activity that shall infringes the right to privacy including but not limited to the use of celebrities’ images or names as well as the use of children’s images or names, or include any Personal Information on you or other users’; and (e) contain any content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product.

By submitting, posting, or displaying UGC through the Services and by uploading to the Service, you grant Company with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, distribute, reproduce, distribute, prepare derivative works of, display, make available to the public any part of the UGC uploaded by you in connection with including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any channel. Furthermore, you grant each user of the Service, a worldwide, non-exclusive, royalty-free license to access your UGC through the Service, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the Service and under these Terms.

IF WE BELIEVE, IN OUR SOLE DISCRETION, OR WE DISCOVER THAT THE UGC PROVIDED BY YOU VIOLATES OR MAY VIOLATE ANY OF THE AFORESAID, WE WILL HAVE THE SOLE AND ABSOLUTE RIGHT TO REMOVE, DELETE AND BAND SUCH UGC, OR INFORMATION. WE MAY ALSO RESTRICT YOUR ACCESS OR USE OF THE SERVICES. YOU ACKNOWLEDGE THAT THE COMPANY MIGHT MONITOR THE UGC AND MAY REMOVE ANY PART THEREOF AT ITS SOLE DISCRETION. NONETHELESS, THE COMPANY HAS NO OBLIGATION TO MONITOR THE UCG AND THE RESPONSIBILITY AND LIABILITY WITH RESPECT TO THE UCG AND ITS COMPLIANCE WITH THE LAW IS OBLIGED ON YOU.

INTELLECTUAL PROPERTIES

Except as expressly granted in these Terms, we retain all right, title ownership and interest in and to the Service and Website or Website Content (excluding UGC and Third Party Content and Sites), copyrights and trademarks, product names, and trade names as well as any content provided or made available in connection with the Service and Website (excluding Third Party Content) to the fullest extent possible under applicable law. We reserve all rights in and to the Service and the Website which are not expressly granted herein.

COPYRIGHT POLICY

The Company operates a clear copyright policy in relation to any UGC which is alleged to infringe the copyright of a third party (“Copyright Policy”). Our copyright policy incorporated the Digital Millennium Copyright Act of 1998 (“DMCA”) and we have registered and appointed Designated Agent for copyright takedown notices. we will respond at reasonable time to claims of copyright infringement committed using the Website that are reported to Company’s Designated Copyright Agent, identified in the sample Compliant below. In the appropriate circumstances and under our sole discretion, we may disable or terminate the Accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of third parties.

Submit a Complaint

If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any UGC or any part of any of the content available throughout the Service has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party in which you are authorized to act on its behalf, please report the alleged copyright infringements taking place on or through the Services by submitting a DMCA Notice of Alleged Infringement (“Complaint”) and delivering it to Company’s Designated Copyright Agent.

You can submit a Notice by:

  • Filling in and submitting our online copyright notice form; or
  • Providing the following information to our Designated Copyright Agent:
    • (a) Identify the copyrighted work or material that you claim has been infringed, and information reasonably sufficient to permit us to locate the material and verify its existence, including at a minimum, its location, if applicable the URL of the link(s) shown on the Website where such material may be found and screenshots. If multiple copyrighted works are covered by this Complaint – you may provide a representative list of the copyrighted works that you claim have been infringed.
    • (b) Provide your contact information – name, mailing address, telephone number, and, if available, email address.
    • (c) Include both of the following statements in the body of the Complaint:
      “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
      “I hereby state that the information in this Complaint is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    • (d) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
  • Deliver this Notice, with all items completed, to Company’s Designated Copyright Agent:
    (a) Via contact formr;
    (b) Via postal address:
    Attn: Designated Copyright Agent

Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the Complaint. Please remember by submitting a Compliant you will be initiating a legal process, hence, please do not make any false claims.

Upon receipt of a valid Complaint, our policy is to remove or disable access to any content or UGC that we believe in good faith is infringing or violating the copyrights or other intellectual property rights of any third party, and to notify the alleged infringer that we have removed or disabled access to such content. In addition, the Company reserve the right to terminate the users’ access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

What if I received a Notice?

If you receive a Notice of Complaint (“Notice”) it means that certain User Content that you have uploaded to the Website has been deleted from the Website at the request of the content’s owner or authorized licensee. If you want us to forward the information from the Notice, please email us via contact us form.

If you believe in good faith that the content was removed in error, you have the option to file a counter-notice (“Counter Notice”) by following the steps below. When we receive a valid Counter Notice, we may remove the complaint from your record (at our discretion).

You Counter Notice should include all of the following:

  • (a) Your contact information – name, mailing address, telephone number, and, if available, email address.
  • (b) DMCA ID printed at the bottom of the notification email.
  • (c) The source address of the content that was removed (copy and paste the link in the Counter Notice).
  • (d) A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
  • (e) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Please email your Counter Notice via Contact Form. If a proper Counter Notice is received by us, we may send a copy thereof to the original complaining party and inform him/her that that Company may replace the removed material or cease disabling access to it. Unless Company first receives notice from the copyright owner of the allegedly infringed work(s) or his/her agent that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the referenced material on the Platform, Company may, at its sole discretion, replace such material and cease disabling access to it within ten (10) business days or more, following receipt of the Complaint, at our discretion.

Please note that when you provide us a Complaint or a Counter Notice, we are relying on the information that you have provided us. Any person who knowingly misrepresents that the material or activity is infringing, shall be liable for any damages, including costs and attorneys’ fees, incurred to the alleged infringer, to any copyright owner, copyright owner’s authorized licensee or to Company, who is injured by such misrepresentation. Please remember that there are legal and financial consequences for fraudulent or bad faith submissions. Before submitting a Complaint or a Counter Notice, be sure that you are the actual rights’ holder of the content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

PRIVACY

We are committed to the protection of privacy of our users, therefore we handle and store user data solely for the purpose of providing and enabling the Service. For more information on our data practices please review our Privacy Policy.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO WEBSITE, WEBSITE COTNET, SERVICE, AND ANY UGC, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” OR “”AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE SERVICE, WEBSITE OR WEBSITE CONTENT, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE OR WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE OR ANY CONTENT AVAILABLE THEREIN.

INDEMNIFICATION

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Service or Website. The user is solely responsible for his or her actions when using Service or Website.

SUPPORT, UPDATES AND UPGRADES

The availability and functionality of the Services depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. The Company does not warrant that the Services will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access. We reserve the right to add additional features to the Service or to provide updates, upgrades or programming fixes; We have no obligation to make available to you any subsequent versions of the Services. Additionally, we shall have no obligation to provide support or maintenance for the Services under these Terms. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Services. In order to enhance and further develop the Website or Services we may automatically download and install updates and upgrades from time to time. You hereby agree to receive such updates and upgrades as part of your use of the Services. In the event, we believe that such updates or upgrades shall materially affect your use of the Services, we will make best efforts to notify you

TERMINATION

At any time, you may stop using the Service or ceasing to access the Website. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of Service or Website; or (ii) terminate these Terms and your use of the Website with or without cause, and shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of these Terms or the Service. These Terms will automatically terminate if you fail to comply with these any of its requirements. Upon any termination, you agree to stop using the Service and exit the Website.

DISPUTE RESOLUTION

For any dispute, you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by this enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to the Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms, their subject matter, and their formation, are governed by and will be interpreted by Texas law, without regard to conflict of law provisions.  You and US agree that any claims or disputes arising from or related to these Terms, the Website, or the Services will be adjudicated exclusively in the Federal or State courts located in Travis County, Texas; and you and US agree to submit to the personal jurisdiction of those courts for the purpose of litigating any claim or dispute arising under these Terms, the Website, or the Services. Any cause of action you might have relating to Service or Website is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.

GENERAL, ENTIRE AGREEMENT, SEVERABILITY, AGENCY, ASSIGNMENT AND HEADERS

THESE TERMS, CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE USE OF THE SERVICE OR WEBSITE OR ANY PORTION THEREOF. IF ANY PART OF THESE TERMS IS FOUND VOID AND UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OF THE BALANCE OF THE TERMS, WHICH SHALL REMAIN VALID AND ENFORCEABLE ACCORDING TO ITS TERMS. NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THESE TERMS. YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER BY OPERATION OF LAW OR OTHERWISE THESE TERMS OR ANY RIGHT OR OBLIGATION HEREIN. THE COMPANY EXPRESSLY RESERVES ITS RIGHT TO ASSIGN OR TRANSFER THESE TERMS AND TO DELEGATE ANY OF ITS OBLIGATIONS HEREUNDER AT ITS SOLE DISCRETION. HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND DO NOT LIMIT THE SCOPE OR EXTENT OF THE RELEVANT SECTION. THE COMPANY’S FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. THE COMPANY SHALL NOT BE DEEMED IN BREACH OF THESE TERMS IF THE COMPANY IS UNABLE TO COMPLETE THE SERVICES OR ANY PORTION THEREOF BY REASON OF EARTHQUAKE, LABOR DISPUTE, SHORTAGES, RIOTS, INSURRECTION, FIRES, FLOOD, STORM, EXPLOSIONS, EARTHQUAKES, INTERNET OUTAGES OR ANY ACT OF GOD OR ANY LOCAL, STATE, FEDERAL, NATIONAL OR INTERNATIONAL LAW, GOVERNMENTAL ORDER OR REGULATION OR ANY OTHER EVENT BEYOND COMPANY’S CONTROL.

Company reserve the right to suspend, remove, restrict or disable your access and use to parts or all of the Service at any time and without notice or liability, at Company’s sole discretion. In no event, will the Company be liable for the suspension, removal, and restriction or disabling of the user access or use of the Services or to any feature available therein.

CONTACTING US

If you have any questions about these terms, or wish to report violators of these Terms, contact us in one of the following ways: