User of the website
You understand that any items you import, and sets you create on the website will be made available to the public. Further, you hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish the sets you have created using the website.
In order to access some features of the website, you will have to create an account. You may never use another's account without permission. If we request registration information from you, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the website in a manner that sends more request messages to the freshatall servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, freshatall grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Freshatall reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes.
The technology and the software underlying our sites and the services is the property of freshatall. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a freshatall representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these actions.
1. The freshatall website may now or in the future permit the submission of photo or other content submitted by you and other users ("user submissions") and the hosting, sharing, and/or publishing of such user submissions. You understand that whether or not such user submissions are published, freshatall does not guarantee any confidentiality with respect to any submissions.
2. You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize freshatall to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the website and these terms of service.
3. Freshatall does not claim ownership of user submissions. However, with respect to user submissions or content you make available for inclusion on publicly accessible areas of the service, you grant freshatall worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the service in connection with the freshatall website and freshatall's (and its successor's) business, including without limitation for promoting and redistributing part or all of the freshatall website (and derivative works thereof) in any media formats and through any media channels. This license exists only for as long as you elect to continue to include such content on the service and will terminate at the time you remove or freshatall removes such content from the service.
4. In connection with user submissions, you further agree that you will not:
a. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant freshatall all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage freshatall or any third party;
b. Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
c. Post advertisements or solicitations of business;
d. Impersonate another person.
5. Freshatall does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and freshatall expressly disclaims any and all liability in connection with user submissions. Freshatall does not permit copyright infringing activities and infringement of intellectual property rights on its website, and freshatall will remove all content and user submissions if properly notified that such content or user submission infringes on another's intellectual property rights. Freshatall reserves the right to remove content and user submissions without prior notice. Freshatall will also terminate a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice. Freshatall also reserves the right to decide whether content or a user submission is appropriate and complies with these terms of service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Freshatall may remove such user submissions and/or terminate a user's access for uploading such material in violation of these terms of service at any time, without prior notice and at its sole discretion.
6. It is our policy to respond to notices of alleged infringement that comply with the digital millennium copyright act.
The images referenced, made accessible or made available to you on these pages or by means of the freshatall service are protected by the copyright and trademark laws of the united states and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not freshatall. Freshatall cannot give you authorization to use the copyrighted images. We cannot guarantee that the freshatall service will not locate unintended or objectionable content and freshatall accepts no responsibility or liability for the content of any site included in any freshatall item or set, or otherwise linked to by the freshatall services, or for your use of such content. Freshatall reserves the right to remove any pictures or content without notice to you, any other user, or any third party.
We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
Claims can be emailed to [email protected]
a. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
b. A description of the copyrighted work claimed to have been infringed;
c. A description of the infringing material and information reasonably sufficient to permit freshatall to locate the material;
d. Your contact information, including your address, telephone number, and email;
e. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
7. You understand that when using the freshatall website, you will be exposed to user submissions from a variety of sources, and that freshatall is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against freshatall with respect thereto, and agree to indemnify and hold freshatall, its owners/operators, affiliates, and/or licensers, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Content linked to by freshatall
You may display images of sets from the website on other websites for non-commercial use, provided that you do so with the embed code provided by freshatall. You may not alter the embed code in any ways. You may not distribute any content from the website without written consent from freshatall otherwise. Images on the website are intellectual property of copyright owner and may not be used for commercial use without permission from the owner. Additionally, if you want to make commercial use of the freshatall service, you must enter into an agreement with freshatall to do so in advance.
Disclaimer of warranties
Freshatall disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the freshatall service pages. Freshatall disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Freshatall disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through the freshatall service.
The freshatall service, and all materials, information, products and services included in the freshatall service are provided "as is," with no warranties whatsoever. Freshatall and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Freshatall and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the freshatall services. Freshatall and its licensors disclaim, any warranties for any information or advice obtained through the freshatall services. Freshatall and its licensors disclaim any warranties for services or goods received through or advertised on the freshatall service or received through any links provided by the freshatall service, as well as for any information or advice received through any links provided in the freshatall service.
You understand and agree that you download or otherwise obtain material or data through the use of the freshatall service at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of liability
Under no circumstances shall freshatall or its licensors be liable to any user on account of that user's use or misuse of or reliance on the freshatall service. Arising from any claim relating to this agreement or the subject matter hereof such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even >if freshatall or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the freshatall service, from inability to use the freshatall service, or from the interruption, suspension, or termination of the freshatall service (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the freshatall service or received through any links provided in the freshatall service, as well as by reason of any information or advice received through or advertised on the freshatall service or received through any links provided in the freshatall service. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the freshatall service or any information or merchandise that appears on, or is linked or related in any way to, the freshatall service. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. New jersey does not allow limitations of liability for intentional or reckless acts or gross negligence; therefore, such limitations do not apply in new jersey.
Without limiting the foregoing, under no circumstances shall freshatall or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These terms of service will be governed by and construed in accordance with the laws of the state of california, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the terms of service to be unenforceable, the remainder of the terms of service will continue in full force and effect.
These terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of service will be effective only if in writing and signed by freshatall.
Please note that freshatall's shop is a marketplace where brands bid for placement.
Changes in terms and conditions and freshatall
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these terms of service from time to time without notice. Please review these terms of service from time to time so that you will be apprised of any changes.