please read carefully before using this website. last
updated: 6/3/15
elite web holding, llc
maintains this site for information and communication purposes. this webpage
contains the terms of use governing your access to and use of
the profreebies-fan.com (the “website” or “site”). if you do not
accept these terms of use or you do not meet or comply with their provisions,
you may not use the website or join as a member.
a. terms applicable to
all users
1. overview
your use of this website
is expressly conditioned upon your accepting and agreeing to these terms of
use. furthermore, once you sign up as a member to our website, you agree to all
of these terms listed below.
if these terms of use are
not completely acceptable to you, you must immediately terminate your use of
this website.
2. changes to terms
profreebies-fan.com may,
at any time, for any reason and without notice, make changes to (i) this
website, including its look, feel, format, and content, as well as (ii) the
products and/or services as described in this website. any modifications will
take effect when posted to the website. therefore, each time you access the
website, you need to review the terms of use upon which access and use of this
website is conditioned. by your continuing use of the website after changes are
posted, you will be deemed to have accepted such changes.
3. jurisdiction
the website is directed
to those individuals and entities located in the united states. it is not
directed to any person or entity in any jurisdiction where (by reason of
nationality, residence, citizenship or otherwise) the publication or
availability of the website and its content, including its products and
services, are unavailable or otherwise contrary to local laws or regulations.
if this applies to you, you are not authorized to access or use any of the
information on this website. profreebies-fan.com makes no
representation that the information, opinions, advice or other content on
the website (collectively, “content”) is appropriate or that its products and
services are available outside of the united states. those who choose to access
this website from other locations do so at their own risk and are responsible
for compliance with applicable local laws.
4. scope of use and user
e-mail
you are only authorized
to view, use, copy for your records and download small portions of the content
(including without limitation text, graphics, software, audio and video files
and photos) of this website for your informational, non-commercial use,
provided that you leave all the copyright notices, including copyright
management information, or other proprietary notices intact.
you may not store,
modify, reproduce, transmit, reverse engineer or distribute a significant
portion of the content on this website, or the design or layout of the website
or individual sections of it, in any form or media. the systematic retrieval of
data from the website is also prohibited.
e-mail submissions over
the internet may not be secure and are subject to the risk of interception by
third parties. please consider this fact before e-mailing any information.
also, please consult our privacy policy at
http://profreebies-fan.com/privacy-policy . you agree not to submit or transmit
any e-mails or materials through the website that: (i) are defamatory, threatening,
obscene or harassing, (ii) contain a virus, worm, trojan horse or any other
harmful component, (iii) incorporate copyrighted or other proprietary material
of any third party without that party’s permission or (iv) otherwise violate
any applicable laws. profreebies-fan.com shall not be subject to any
obligations of confidentiality regarding any information or materials that
you submit online except as specified in these terms of use, or as set forth in
any additional terms and conditions relating to specific products or services,
or as otherwise specifically agreed or required by law.
the commercial use,
reproduction, transmission or distribution of any information, software or
other material available through the website without the prior written consent
of profreebies-fan.com is strictly prohibited.
5. copyrights and
trademarks
the materials at this
site, as well as the organization and layout of this site, are copyrighted and
are protected by united states and international copyright laws and treaty provisions.
you may access, download and print materials on this website solely for your
personal and non-commercial use; however, any print out of this site, or
portions of the site, must include profreebies-fan.com’s copyright notice.
no right, title or interest in any of the materials contained on this site
is transferred to you as a result of accessing, downloading or printing such
materials. you may not copy, modify, distribute, transmit, display, reproduce,
publish, license any part of this site; create derivative works from, link to
or frame in another website, use on any other website, transfer or sell any
information obtained from this site without the prior written permission
of profreebies-fan.com.
except as expressly
provided under the “scope of use” section above, you may not use, reproduce,
modify, transmit, distribute, or publicly display or operate this website
without the prior written permission of profreebies-fan.com. you may not
use a part of this website on any other website, without profreebies-fan.com’s
prior written consent.
profreebies-fan.com
respects the intellectual property rights of others and expects our users/
users to do the same. the policy of profreebies-fan.com is to
terminate the accounts of repeat copyright offenders and other users who
infringe upon the intellectual property rights of others. if you believe that
your work has been copied in a way that constitutes copyright infringement,
please contact us using our contact form on the site.
6. links
for your convenience, we
may provide links to various other websites that may be of interest to you and
for your convenience only. however, profreebies-fan.com does not
control or endorse such websites and is not responsible for their content
nor is it responsible for the accuracy or reliability of any information, data,
opinions, advice, or statements contained within such websites. please read the
terms and conditions or terms of use policies of any other company or website
you may link to from our website. these terms of use policy applies only
to profreebies-fan.com’s website and the products
and services profreebies-fan.com offers. if you decide to access
any of the third party sites linked to this website, you do so at your own
risk. profreebies-fan.com reserves the right to terminate any link or
linking program at any time. profreebies-fan.com disclaims all
warranties, express and implied, as to the accuracy, validity, and
legality or otherwise of any materials or information contained on such sites.
7. no unlawful or
prohibited use
as a condition of your
use of the website, you warrant to profreebies-fan.com that you will
not use the website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. you may not use the website in any manner
that could damage, disable, overburden, or impair the site or interfere with
any other party’s use and enjoyment of the website. you may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the site.
8. spamming
gathering email addresses
from profreebies-fan.com through harvesting or automated means is
prohibited. posting or transmitting unauthorized or unsolicited
advertising, promotional materials, or any other forms of solicitation to other
users is prohibited. inquiries regarding a commercial relationship with
profreebies-fan.com should be directed to: us using our contact form on
the site.
9. no warranties
the website, and any
content, are provided to you on an “as is,” “as available” basis without
warranty of any kind whether express, statutory or implied, including but not
limited to any implied warranties of merchantability, fitness for a particular
purpose, quiet enjoyment, systems integration, accuracy, and non-infringement,
all of which profreebies-fan.com expressly
disclaims. profreebies-fan.com does not endorse and makes
no warranty as to the accuracy, completeness, currency, or reliability of the
content, and profreebies-fan.com will not be liable or otherwise
responsible for any failure or delay in updating the website or any content. we
have no duty to update the content of the
website. profreebies-fan.com makes no representations or warranties
that use of the content will be uninterrupted or error-free. you are responsible
for any results or other consequences of accessing the website and using the
content, and for taking all necessary precautions to ensure that any content
you may access, download or otherwise obtain is free of viruses or any other
harmful components. this warranty disclaimer may be different in connection
with specific products and services offered by profreebies-fan.com. some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. you may also have other legal rights that vary
from jurisdiction to jurisdiction.
10. governing law,
location and miscellaneous
these terms of use shall
be governed in all respects by the laws of the state of illinois usa, without
reference to its choice of law rules. if an applicable law is in conflict with
any part of the terms of use, the terms of use will be deemed modified to
conform to the law. the other provisions will not be affected by any such
modification.
11. separate agreements
you may have other
agreements with profreebies-fan.com. those agreements are separate and in
addition to these terms of use. these terms of use do not modify, revise
or amend the terms of any other agreements you may have
with profreebies-fan.com.
12. dmca copyright policy
and copyright agent
profreebies-fan.com
respects the intellectual property rights of others. if you believe something
on this site has infringed your intellectual property rights, please notify our
agent and provide the following information:
(i) a physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
(ii) identification of
the copyrighted work claimed to have been infringed.
(iii) identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled.
(iv) address, telephone
number, and, if available, an electronic mail address where we may contact you.
(v) a statement that the
complaining party has 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.
(vi) a statement that the
information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
the site’s copyright
agent can be reached using our contact form on our site.
13. u.s. resident
you represent that you
are a united states resident unless otherwise noted in your personal profile.
14. no professional
advice
the information available
on the website is intended to be a general information resource regarding the
matters covered, and is not tailored to your specific circumstance. you should
not construe this as legal, accounting or other professional advice. this
website is not intended for use by minors. you should evaluate all information,
opinions and advice available on this website in consultation with your
insurance specialist, or with your legal, tax, financial or other advisor, as
appropriate.
15. users disputes
you are solely
responsible for your interactions with other
users. profreebies-fan.com reserves the right, but has
no obligation, to monitor disputes between you and other users.
16. user submissions and
communications; public areas:
you acknowledge that you
own, solely responsible or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the content you supply
does not violate these terms of use and will not cause injury to any person or
entity; and that you will indemnify profreebies-fan.com or
its affiliates for all claims resulting from content you supply.
if you make any
submission to an area of the website accessed or accessible by the public
(“public area”) or if you submit any business information, idea, concept or
invention to profreebies-fan.com by email, you automatically
represent and warrant that the owner of such content or intellectual property
has expressly granted profreebies-fan.com a royalty-free, perpetual,
irrevocable, world-wide nonexclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform,
and display the communication or content in any media or medium, or any form,
format, or forum now known or hereafter
developed. profreebies-fan.com may sublicense its rights through
multiple tiers of sublicenses. if you wish to keep any business
information, ideas, concepts or inventions private or proprietary, you must not
submit them to the public areas or to profreebies-fan.com by email.
we try to answer every email in a timely manner, but are not always able
to do so.
some of the forums
(individual bulletin boards and posts on the social network, for instance) on
the website are not moderated or reviewed. accordingly, users will be held
directly and solely responsible for the content of messages that are posted.
while not moderating the forums, the site reviewer will periodically perform an
administrative review for the purpose of deleting messages that are old, have
received few responses, are off topic or irrelevant, serve as advertisements or
seem otherwise inappropriate. profreebies-fan.com has full discretion
to delete messages. users are encouraged to read the specific forum rules
displayed in each discussion forum first before participating in that forum.
profreebies-fan.com
reserves the right (but is not obligated) to do any or all of the following:
(a) record the dialogue
in public chat rooms.
(b) examine an allegation
that a communication(s) do(es) not conform to the terms of this section and
determine in its sole discretion to remove or request the removal of the
communication(s).
(c) remove communications
that are abusive, illegal, or disruptive, or that otherwise fail to conform
with these terms of use.
(d) terminate a member’s
access to any or all public areas and/or the profreebies-fan.com site
upon any breach of these terms of use.
(e) monitor, edit, or
disclose any communication in the public areas.
(f) edit or delete any
communication(s) posted on the profreebies-fan.com site, regardless
of whether such communication(s) violate these standards.
profreebies-fan.com
reserves the right to take any action it deems necessary to protect the
personal safety of our guests or the public. profreebies-fan.com has
no liability or responsibility to users of
the profreebies-fan.com website or any other person or entity for
performance or nonperformance of the aforementioned activities.
17. arbitration
except as regarding any
action seeking equitable relief, including without limitation for the purpose
of protecting any profreebies-fan.com confidential information and/or
intellectual property rights, any controversy or claim arising out of or
relating to these terms of use or this website shall be settled by binding arbitration
in accordance with the commercial arbitration rules, in effect at the time the
proceedings begin, of the american arbitration association. any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. the arbitration shall be held in illinois, usa.
all information relating
to or disclosed by any party in connection with the arbitration of any disputes
hereunder shall be treated by the parties, their representatives, and the
arbitrator as proprietary business information. such information shall not be
disclosed by any party or their respective representatives without the prior
written authorization of the party furnishing such information. such
information shall not be disclosed by the arbitrator without the prior written
authorization of all parties. each party shall bear the burden of its own
counsel fees incurred in connection with any arbitration proceedings.
judgment upon the award
returned by the arbitrator may be entered in any court having jurisdiction over
the parties or their assets or application of enforcement, as the case may be.
any award by the arbitrator shall be the sole and exclusive remedy of the
parties. the parties hereby waive all rights to judicial review of the
arbitrator’s decision and any award contained therein.
18. limitation of
liability
your use of the content
is at your own risk. profreebies-fan.com specifically disclaims
any liability, whether based in contract, tort, negligence, strict
liability or otherwise, for any direct, indirect, incidental, punitive,
consequential, or special damages arising out of or in any way connected with
access to, use of or reliance on the content (even if profreebies-fan.com has
been advised of the possibility of such damages) or that arise
in connection with mistakes or omissions in, or delays in transmission of,
information to or from the user, any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission or delivery,
computer virus, communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of records, programs or files,
interruptions in telecommunications connections to the website or viruses, whether
caused in whole or in part by negligence, acts of god, telecommunications
failure, theft or destruction of, or unauthorized access to the website or the
content. this limitation of liability may be different in connection with
specific products and services offered by profreebies-fan.com. some
jurisdictions do not allow the limitation of liability, so this limitation may
not apply to you.
19. indemnity
you agree to defend,
indemnify, and hold profreebies-fan.com, its officers, directors,
employees, agents, licensors, and suppliers, harmless from and against any
claims, actions or demands, liabilities and settlements including without
limitation, reasonable legal and accounting fees, resulting from, or alleged to
result from, your violation of these terms of use.
20. program requirements
& product images listed
we are not affiliated
with any products, brands, or merchants listed here. the individual pictures of
the images are not guaranteed to be available and only to give you an idea of
what you could receive. the product images offered on our website are listed
from individual companies and sources that actually fulfill these products to
you. freebies frenzy does not ship these items to you. trademarks and logos are
property of their respective owners. to get your freebies and free samples each
program requirements include filling out forms and opting in for any partner or
sponsor offer on the next page(s) that you are interested in. no purchase is
necessary to qualify for a free sample.
21. contact us
if you would like to
request additional information regarding these terms of use, please contact us www.profreebies-fan.blogspot.com using
our contact form on this site
