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Freemix Terms of Service

The gist:

Freemix Inc. runs a service called Freemix.it and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as restricted access, corporate security and extra storage. Our service is designed to give you as much control and ownership over what goes on your Freemix (as defined below) as possible and encourage you to express yourself freely. However, be responsible in what content you put in your Freemix. In particular, make sure that none of the prohibited items listed below appear on your Freemix or get linked to from your Freemix (things like spam, viruses, or hate content).

You can check our example page to get a sense of the types of Freemixes that are welcome on our service (or not!). If you find a Freemix that you believe violates our Terms of Service, please check our complaints page.

Creative Commons License We gratefully acknowledge that our Terms of Service are based on the terms originally developed by the folks at Automattic for WordPress.com. Automattic made their Terms of Service available under a Creative Commons Sharealike license, as are our Terms of Service (although we updated the license to the currently-applicable Creative Commons Attribution-Share Alike 3.0 United States License). The license means you are more than welcome to steal them and repurpose them for your own use, just make sure to replace references to us with ones to you, and if you want we would appreciate a link to both Freemix.it and WordPress.com somewhere on your site. To request permissions beyond the scope of this license, please contact us.

Terms of Service:

The following terms and conditions govern all use of the Freemix.it Web site and all content, services and products available at or through the Web site, including, but not limited to, the Freemix.it premium hosting service ("Premium Service"), (taken together, the "Web site"). The Web site is owned and operated by Freemix Inc. ("Freemix" or "we"). The Web site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Freemixes' Privacy Policy) and procedures that may be published from time to time on the Web site by Freemix, all of which taken together represent your agreement with Freemix (collectively, this "Agreement").

Please read this Agreement carefully before accessing or using the Web site. By accessing or using any part of the Web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Web site or use any services offered by Freemix. If these terms and conditions are considered an offer by Freemix, acceptance is expressly limited to these terms. The Web site is available to and may be accessed and used only by individuals who are at least 13 years old.

  1. Your Freemix.it Account and Site. If you create an account on the Web site and/or a container for content (a "Freemix") on the Web site, you are responsible for maintaining the security of your account and Freemix, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with your Freemix. You must not describe or assign keywords to your Freemix in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Freemix may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Freemix liability. You must immediately notify Freemix of any unauthorized uses of your Freemixes, your account or any other breaches of security. Freemix will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You understand and agree that the Web site and all Freemix services are provided "AS-IS" and that Freemix, its affiliates, suppliers and licensors assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your content or communications. In consideration of your use of the Web site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
  2. Responsibility of Contributors. If you create a Freemix, comment on a Freemix, post material to the Web site, post links on the Web site, or otherwise make (or allow any third party to make) material available by means of the Web site (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. You agree to provide true, accurate, current and complete information about yourself as prompted by the Web site’s registration form, and to maintain and promptly update your registration data to keep it true, accurate, current and complete. You will receive a password and account designation upon completing the Web site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Freemix of any unauthorized use of your password or account or any other breach of security. Freemix cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available in accordance with this Agreement (including without limitation the granting of the licenses set forth below) the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical, unauthorized or unwanted commercial content, including without limitation commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
    • your Freemix is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Freemix’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Freemix or otherwise.

    By submitting Content to Freemix for inclusion on the Web site, you grant Freemix a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your Freemix and otherwise operating the Web site in accordance with this Agreement. By submitting Content to the Web site (other than Content submitted to a restricted access Freemix in connection with Premium Services), you grant to all other visitors of the Web site a world-wide, royalty-free, transferable, sublicensable, perpetual, royalty-free, fully paid and non-exclusive license to reproduce, modify, adapt, and create derivative works of the Content. With respect to Content that you submit to a restricted access Freemix as part of the Premium Services, your Freemix must explicitly and conspicuously set forth the scope of the license for your Content that you grant to any users of your Freemix to whom you have granted access. If you delete Content, Freemix will use reasonable efforts to remove it from the Web site, but you acknowledge that caching or references to the Content may not be made immediately unavailable, and you acknowledge that Freemix cannot remove the Content from any third party websites.

    Without limiting any of your representations or warranties set forth in this Agreement, Freemix has the right (though not the obligation) to, in Freemix’s sole discretion (i) refuse or remove any content that, in Freemix’s reasonable opinion, violates any Freemix policy or is in any way harmful or objectionable (as determined by Freemix in its sole discretion), or (ii) terminate or deny access to and use of the Web site to any individual or entity for any reason, in Freemix’s sole discretion, subject to the “Termination” section below with respect to Premium Services. Freemix will have no obligation to provide a refund of any amounts previously paid. Except as expressly permitted herein, by applicable law or authorized by Freemix, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web site, in whole or in part.

  3. Fees and Payment. Optional Premium Services such as restricted access Freemixes, corporate security and extra storage are available on the Web site in accordance with the terms and conditions for such Premium Services. By selecting a Premium Service you agree to pay Freemix the monthly or annual subscription fees indicated for that service (the payment terms for Premium Services are described below). Payments will be charged on the day you sign up for a Premium Service and will cover the use of that service for a monthly or annual period as indicated. Premium Service fees are not refundable.
  4. Premium Services.
    • Fees; Payment. By signing up for a Premium Services account you agree to pay Freemix the setup fees and monthly hosting fees indicated at premium services in exchange for the services listed at premium services. Applicable fees will be invoiced starting from the day your Premium Services are established and in advance of using such services. Freemix reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium Services can be canceled by you at anytime on 30 days prior written notice to Freemix.
    • Support. Premium Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Freemix to respond within one business day) concerning the use of the Premium Services. "Priority" means that support for Premium Services customers takes priority over support for users of the standard, free Freemix services. All Premium Services support will be provided in accordance with Freemix standard Premium Services practices, procedures and policies, as may be updated by Freemix from time to time in its sole discretion.
  5. Responsibility of Web site Visitors. Freemix has not reviewed, and cannot review, all of the material, including computer software, posted to the Web site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Web site, Freemix does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Freemix disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Web sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Web sites and webpages to which Freemix.it links, and that link to Freemix.it. Freemix does not have any control over those non-Freemix Web sites and webpages, and is not responsible for their contents or their use. By linking to a non-Freemix Web site or webpage, Freemix does not represent or imply that it endorses such Web site or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Freemix disclaims any responsibility for any harm resulting from your use of non-Freemix Web sites and webpages.
  7. Copyright Infringement and DMCA Policy. As Freemix asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Freemix.it violates your copyright, you are encouraged to notify Freemix in accordance with Freemix's Digital Millennium Copyright Act ("DMCA") Policy. Freemix will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Freemix or others, Freemix may, in its discretion, terminate or deny access to and use of the Web site. In the case of such termination, Freemix will have no obligation to provide a refund of any amounts previously paid to Freemix.
  8. Intellectual Property. This Agreement does not transfer from Freemix to you any Freemix or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Freemix. Freemix, the Freemix logo, Freemix.it, and all other trademarks, service marks, graphics and logos used in connection with Freemix.it, or the Web site are trademarks or registered trademarks of Freemix or Freemix's licensors. Other trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of other third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any Freemix or third-party trademarks.
  9. Changes. Freemix reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. Freemix may also, in the future, offer new services and/or features through the Web site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  10. Termination. Freemix may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Freemix.it account (if you have one), you may simply discontinue using the Web site. Notwithstanding the foregoing, if you have a Premium Services account, such account can only be terminated by Freemix if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Freemix’s notice to you thereof; provided that, Freemix can terminate the Web site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  11. Disclaimer of Warranties. The Web site is provided “as is”. Freemix and its AFFILIATES, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Freemix nor its AFFILIATES, suppliers and licensors, makes any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
  12. Limitation of Liability. In no event will Freemix, or its AFFILIATES, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Freemix under this agreement during the twelve (12) month period prior to the cause of action. Freemix shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall NOT apply to the extent prohibited by applicable law.
  13. General Representation and Warranty. You represent and warrant that (i) your use of the Web site will be in strict accordance with Freemix's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Web site will not infringe or misappropriate the intellectual property rights of any third party.
  14. Indemnification. You agree to indemnify and hold harmless Freemix, its affiliates, suppliers, contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Web site, including but not limited to out of your violation this Agreement.
  15. Governing Law; Arbitration of Claims; Miscellaneous. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Web site will be governed by the laws of the state of Delaware, United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the State of Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. This Agreement constitutes the entire agreement between Freemix and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Freemix, or by the posting by Freemix of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Freemix may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.