Freecycle USA Terms and Conditions
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, https://freecycleusa.com/ (Website). By using our Website, you fully agree to comply with and be bound by the following Agreement each time you use our Website.
Freecycle USA Website, Application, and Social Media Terms of Use
Introduction
This Agreement is between you and Simplee Savage Media LLC.
Please take a few minutes to review these Terms of Use (“Terms”). The Terms govern your use of this website, application, or social media tool provided to you by Freecycle USA. Our websites (each a “Site”) are made available by Simplee Savage Media LLC, or one of its subsidiaries (“we” or “us” or “our”). Use of the Site is governed by these Terms. Use of our applications (“Apps”) are governed by the terms you accepted at the time of purchase or download, these Terms, and the terms of your mobile service provider and mobile device operator. Our social media pages, which include but are not limited to Facebook, Twitter, and Pinterest (collectively “Social Media”), are delivered to you in accordance with these Terms and the terms of use of each of the Social Media operators. We may change these Terms from time to time, at any time without notice to you, by posting such changes here. BY USING THE SITE, APPS, and SOCIAL MEDIA, YOU ACCEPT AND AGREE TO THESE TERMS.
User Information
During your use of the Site, Apps, and Social Media and the services made available on or through them, you may be able to provide certain personalized information (“User Information”) to us. Our Privacy Policy describes our information collection and use practices. By using the Site, Apps, and Social Media, you agree to the terms of our Privacy Policy, and you agree that you are solely responsible for the accuracy and content of the User Information you submit.
Submitted Materials
Any information, creative works, ideas, testimonials, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted that you send to us or post on or through the Site, Apps, or Social Media (including for example, items that you submit or post on our Facebook page, our message boards, in survey responses, on our blogs, or send to us by e-mail) (“Submitted Materials”) shall be deemed not to be confidential or secret and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us or posting it on or through the Site, Apps, or Social Media, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time and for any reason and without advance notice to you.
Our Rights
By submitting or sending Submitted Materials to us or posting it on or through the Site, Apps, or Social Media, you grant us and our subsidiaries and affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture, and likeness with the content you submit and otherwise in materials promoting, marketing, or advertising the Site, Apps or Social Media, or our goods or services, in any media, without any compensation or advance notice to you.
Blogs and Forums
Our Site, the Apps, and Social media contain forums, blogs, and other areas where you can post information and view information that has been posted by other users without our advance review. You agree to follow all applicable third-party rules and terms of use related to your use of the Apps and Social Media. In addition, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site, Apps or Social Media any content which (i) prevents any other user from using and enjoying the Site, Apps or Social Media, (ii) is fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic or profane, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, ordinance or regulation, (iv) violates or infringes the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contains a virus, spyware, or other harmful components, (vi) contains embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitutes or contains false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including our personnel or us. You also may not offer to buy or sell any product or service on or through your comments. You alone are responsible for the content and consequences of any posts and activities made from your account. Do not provide anyone else with your login, password, or credentials that would permit them to impersonate you.
Prohibited User Conduct
You agree that, while using the Site, Apps, and Social Media and any services and features offered on or through them, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content on the Site, Apps or Social Media; (c) use, redistribute, republish or exploit third-party content for any commercial or promotional purposes; or (d) attempt to gain unauthorized access to other computer systems through the Site or Apps. You shall not obtain or attempt to obtain lists of users or other information from or through the Site, Apps, or Social Media, and you shall not use the Site, Apps, or Social Media in violation of any applicable law, ordinance, or regulation. We are not responsible for monitoring your use of the Site, Apps, and Social Media or determining if such use violates any applicable law, ordinance, or regulation. Please govern your use accordingly.
Right to Monitor and Editorial Control
We reserve the right but do not have an obligation, to monitor and review all materials posted by you to the Site, Apps, and Social Media. We are not responsible for the content of any materials posted by users. Please govern your use of that content accordingly. We reserve the right to edit, refuse to post or remove any content you post for any reason, at any time, and without advance notice to you. Our reasons for editing, removing, or refusing to post content include that such content is objectionable to us in our sole discretion, that it violates these Terms, or that it violates any applicable law, ordinance, or regulation. We may also limit your access to all or certain portions of the Site, Apps, or Social Media without notice to you for any reason.
Posting Private or Sensitive Information
Your Submitted Material and content posted on the Site, Apps, and Social Media are stored in multiple places on the Internet. We have no control over who will see this material and no ability to permanently remove it from public view. Please be careful about the content and information that you post and avoid disclosing sensitive, embarrassing, proprietary, medical, or confidential information.
Rights
As between you and us, we own all rights, title, and interest in and to the Site and Apps, including all of the content, code, data and materials, the look, feel, and design of the Site, including but not limited to any copyrights, trademarks and service marks, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. As between you and us, we own all rights, titles, and interest in and to all of our content on Social Media, including but not limited to any copyrights, trademarks and service marks, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site, Apps, and Social Media does not grant you any ownership or rights to or in any of that content, code, data, or other materials.
License
We grant you a limited, revocable license to access the Site and view the content on the Apps and Social Media on your personal computer or mobile device for your personal use only. We may revoke your license to access and/or use the Site, Apps, and Social Media, at any time and for any reason without advance notice to you.
Prohibited Use
Any commercial or promotional distribution, publishing, or exploitation of the Site, Apps, or Social Media is prohibited unless you have received express prior written permission from our authorized personnel. Other than as expressly permitted herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the Site, Apps or Social Media. You further agree that you may not alter, edit, delete, remove, or otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, Apps, or Social Media including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you use the Site, Apps, or Social Media or the content, code, data, or materials thereon or available through them, with or without our express permission, you may violate copyright and other laws of the United States of America, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Copyright Complaints
FREECYCLE USA respects the intellectual property rights of others and asks that everyone using the Sites do the same. Anyone who believes that their work has been reproduced on the Sites in a way that constitutes copyright infringement may notify FREECYCLE USA’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work that you claim has been infringed;
a. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Sites so that the copyright agent can locate it;
b. Your address, telephone number, and, if available, e-mail address so that the copyright agent may contact you about your complaint; and
c. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
Please send your infringement notice with direct links to each publication only as follows:
email address: freecycleusa1@gmail.com
Postal mail: Simplee Savage Media, 7901 4th St N #300, Saint Petersburg, FL 33702
Your deletion request should be processed within 48-72 hours. Using any other forms of contact will delay the process of removal of copyrighted materials.
All images and trademarks are copyright of their respective owners.
Trademarks
Our trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site, Apps, and Social Media or on content available through them are our registered and unregistered Trademarks, and you may not use them in any manner without our express written consent. Your use of our Trademarks in connection with products and/or services that are not related to, associated with, or sponsored by us are likely to cause customer confusion and therefore is prohibited. Use of the Site, Apps, and Social Media does not grant you any license or right to use any Trademark.
Indemnification
You agree to defend, indemnify and hold us our directors, officers, employees, agents, contractors, successors, and assigns (collectively the “Indemnified Parties”) harmless from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Site, Apps, Social Media. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of the such claim at your sole expense.
Third-Party Sites
We frequently link to third-party websites on the Site, Apps, and Social Media. You agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may be available on or through those third-party sites. The inclusion of a link to a third-party site does not necessarily imply our endorsement, sponsorship, or recommendation of that site.
Amazon Affiliate Terms
Participation
Freecycle USA is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
Trademarks
Amazon, the Amazon logo, Amazon Supply, and the Amazon Supply logo are trademarks of Amazon.com, Inc., or their affiliates.
Pricing and Availability
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on amazon.com or affiliated sites at the time of purchase will apply to the purchase of this product.
DISCLAIMER
CERTAIN CONTENT THAT APPEARS ON THIS SITE COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED ‘AS IS AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
DISCLAIMER OF WARRANTIES
THE SITE, APPS, AND SOCIAL MEDIA ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UP-TIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAY-ABILITY, DISPLAY-ABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE, APPS, OR SOCIAL MEDIA WILL BE SECURE, PROVIDED UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE, APPS, OR SOCIAL MEDIA SHALL CREATE ANY WARRANTY. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, APPS, OR SOCIAL MEDIA OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THEM. IF YOU ARE DISSATISFIED WITH THE SITE, APPS, OR SOCIAL MEDIA, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, APPS OR SOCIAL MEDIA, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE, APPS, OR SOCIAL MEDIA. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) RELATED TO YOUR USE OF THE SITE, APPS AND SOCIAL MEDIA EXCEED, THE GREATER OF THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE, APPS OR SOCIAL MEDIA AND TEN DOLLARS.
Applicable Law
These Terms and the relationship between you and us shall be governed by the laws of the Commonwealth of Florida, United States of America. You agree that any controversy or claim that you have to arise out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable Arbitration Rules. The place of arbitration shall be Orange County, Florida, USA. We operate the Site, Apps, and Social Media from our locations in the United States of America. We do not represent that the Site, Apps, or Social Media are appropriate or available for use in any other locations. If you choose to access the Site, Apps, or Social Media from locations outside of the United States of America, do so on at your own risk. All parties to these terms and conditions waive their respective rights to a trial by jury.
Termination
We may terminate, change, suspend, or discontinue any aspect of the Site, Apps, or Social Media services at any time. We may restrict, suspend, or terminate your access if we believe you are in breach of these Terms or applicable law or for any other reason without advance notice or liability.
Changes to Terms of Use
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms, in whole or in part, at any time. Changes in the Terms will be effective when posted. Your continued use of the Site, Apps, or Social Media after any changes to the Terms are posted will be considered acceptance of those changes.
