PLEASE READ CAREFULLY TERMS OF USE BEFORE START USING FREESMEE SERVICES. FREESMEE IS A MOBAVE LLC PRODUCT. THE WEBSITE (THE "SITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY FREESMEE ARE COLLECTIVELY IDENTIFIED WITH THE "SERVICE".
1. Your relationship with Freesmee
Any use of the Service is subject to terms of a legal agreement between you and Freesmee. “Freesmee” is a property of mobAVE LLC, whose principal place of business is at 58 W 40th Street, New York, NY 10018, United States. Your agreement with Freesmee will always include, at a minimum, the terms and conditions present in this document. Collectively, this legal agreement could be referred as the “Terms”.
2. Accepting the Terms
2.1 In order to use the Service, first you have to agree to our Terms. You cannot use the Service if you do not accept the Terms. 2.2 You can accept the Terms by clicking “accept” or “agree” to the Terms, where this option is made available to you by Freesmee in the user interface or just starting to use the Service. In the last case, you understand and agree that Freesmee will treat your use of the Services as acceptance of the Terms.
3. Provision of the Service by Freesmee
3.1 Freesmee is improving its Service continuosly in order to provide the best possible experience to all users. You know and agree that Freesmee Service may a. change anytime without prior notice to you; b. stop (permanently or temporarily) the Service (or any features included) at Freesmee’s sole discretion, without prior notice to you. You can stop using the Service at any time without providing any information to Freesmee. 3.2 You acknowledge and agree that if Freesmee disables access to your account, you may not access to the Service, account details or any content present in your account. 3.3 You acknowledge and agree that Freesmee can set storace and connection’s limits at any time, at Freesmee’s sole discretion.
4. Use of the Services by you
4.1 In order to use the Service, you may have to insert your information (e.g. your contact details). You guarantee that you give to Freesmee accurate, correct and up to date information. You must not: • provide to Freesmee any false personal information or create any account for other people without such their permission • use a User Name (name/ mobilenumber) of another people with the intent to impersonate them or to use any right without appropriate authorization Freesmee reserves the right to refuse registration of, or cancel an account in its sole discretion. Freesmee does not guarantee that any user content will be made available through the Service. Freesmee has no obligation to monitor the Site, Service, Content, or User Submissions. You agree that Freesmee have the right to block, remove, suspend, edit or modify any content or user (in sole discretion without notice to you and for any reason or for no reason at all including, but not limited to authorities requests or Terms of Use’s violations). Freesmee also reserves the right to access, read, preserve, and disclose any information to satisfy any applicabile law, regulation, legal process or governmental request, allow investigation of potential violations hereof and detect or prevent fraud, security, tecnica issues, or protect the rights, property or safety of Freesmee and its users. 4.2 You agree to use the Service only for purposes that are specifically allowed by the Terms and law, or generally practices or guidelines. You are responsible for all of your activity in connection with the Service. You and any third party must not take any action that: • infringes any patent, trademark, trade secret, copyright or other right or violates any law or contractual duty; • say false, misleading, untruthful or inaccurate information; • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, oscene, vulgar, pornographic, offensive, profane, contains or depicts sexual activity, or is otherwise inappropriate as determined by Freesmee in its sole discretion; • costitute unauthorized or unsolicited advertising, punk or bulk e-mail ("spamming") including any form of auto-responder; • involves commercial activities (whether or not for profit) and/or sales without Freesmee's prior written authorization • send/share link to virasse or any dangerous files, worms, logic bombs or programs that are designed or intender to disrupt, disabile, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Freesmee or any third party; • impersonates any person or entità, including any employee or representative of Freesmee; • breaches the Privacy Policy and/or any of the other policies and rules incorporated herein. 4.3 You agree not to access (or attempt to access) the Service in different ways respect to what Freesmee allow you to do. You must not use any type of manual or automated software, devices to do any action that violates Freesmee’s guidelines, policies and Terms. If you are a developer and you want to use Freesmee’s service with third party service, you need to read and agree with all points of Freesmee’s API License Agreement. Without specific API Licence terms, you have to ask for a Freesmee’s written approval. You must not: take any action that cause or may cause (as determined by Freesmee in its sole discretion) ad unpretictable or unmisured large loda on Freesmee's (or its third party providers') infrastrutture. You should not do any action that may interfere or ostacolate the proper working of the system.
5. Your passwords and account security
You agree and unsderstand that are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Freesmee in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
6. Privacy and your personal information
For information about Freesmee’s data protection guidelines, please read Freesmee’s privacy policy. You agree to the use of your data in accordante with Freesmee’s privacy policies.
7. Content in the Services
You understand that you are solely responsabile for all your information and such content originate (called also “Content”). Freesmee can (but shall have no obligation) filter, modify, refuse or remove any part of the Content that doesn’t respect policy guideline, law or other rules at the sole Freesmee discretion. You should be aware that Content could be used to improve advertisements in the Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Freesmee makes no representations concerning any Content container in or accessed through the Service, and Freesmee will not be responsible or liable for the accuracy, copyright compliance, legalità or decency of material container in or accessed through the Service.
8. Proprietary rights
You acknowledge and agree that Freesmee own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designate confidential by Freesmee and that you shall not disclose such information without Freesmee’s prior written consent. Unless you have agreed otherwise in writing with Freesmee, nothing in the Terms gives you a right to use any of Freesmee’s trade names, trade marks, service marks, logos, domani names, and other distintive brand features. You agree that you shall not remove, oscure, or alter any proprietari rights notices (including copyright and trade mark notices). Unless you have been expressly authorized to do so in writing by Freesmee, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intender to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from Freesmee
Freesmee gives you a personal, royalty-free, non-assignable and non-exclusive license in the sole purpose of enabling you to use the Services, in the way allowed by the Terms. You are not authorized in any way (directly or indirectly) to decipher, decompile, disassemble, riverse engineer or attempt to derive any source code or underlying ideas or algorithms of any part of the Service. In addition you cannot modify, traslate, copy, resell, rent, leale, distribuite or create derivative works of any part of the Service. You shall abide by all applicabile local, state, national and international laws and regulations.
10. Software updates
The Software may automatically update from itselft in any time to fix, improve and enhance functionalities. You agree to receive any update.
11. Ending your relationship with Freesmee
The Terms will continue to apply until terminate by either you or Freesmee as set out below. Freesmee may at any time, terminate its legal agreement with you if: (A) you have violate any Terms (or if there are proof that you want to do or you are unable to comply with Terms) (B) Freesmee is required to do that by law © the partner that provide part of Freesmee Services has terminate its relationship with Freesmee or to final users (D) Freesmee will no longer provide the Services in the country where you are (E) the provision of the Services to you by Freesmee is, in Freesmee’s opinion, no longer commerciali viable.
12. EXCLUSION OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. FREESMEE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; © ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT FREESMEE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, FREESMEE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, © ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREESMEE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREESMEE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH FREESMEE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE FREESMEE WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
14. Advertisements
Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The way, mode and manner of advertising by Freesmee on the Services are subject to change without specific notice to you. You grant Freesmee to access and place advertising on the Services.
15. Other content
The Services may include hyperlinks to other web sites or content or resources out of control of Freesmee. You know and agree that Freesmee cannot be responsible for any loss or damage which may be incurred by you as a result of the availability of external sites or resources.
16. Changes to the Terms
Freesmee may make changes the Terms anytime. You understand and agree that if you use the Services after the date on which the Terms have changed, Freesmee will treat your use as acceptance of the updated Terms.
17. General legal terms
The Terms costitute the whole legal agreement between you and Freesmee and govern your use of the Services. You agree that Freesmee may provide you with notices by email, if Terms will change. You agree that if Freesmee does not exercise any legal right, this will not be taken to be a formal waiver of Freesmee’s rights. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affettino the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms, and your relationship with Freesmee under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. Notwithstanding this, you agree that Freesmee shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
™