Terms & Conditions
Welcome to the Freeme Digital website, applications and the products and services offered by Freeme Digital through its website and mobile network (collectively, including all Materials available through the www.Freeme Digital.com domain name and the Freeme Digital website network, including mobile sites and apps, “Sites”). This End User License Agreement (“EULA”) describes the terms and conditions applicable to your access and use of the Sites and the products and services offered therein.
By using these Sites and the services and products offered on or through them, you may access the Freeme Digital Website and the Freeme Digital music service. As used in this EULA, the term, “Software” includes the Freeme Digital Website, any other software owned or controlled by Freeme Digital which you have selected for downloading and installation, and any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you. Software includes security components that permit digital information to be protected (i.e, “DRM” components) and its use to occur only as permitted by usage rules set by Freeme Digital and/or its licensors who have provided Materials (as defined herein below) for the Services.
Using this Site, you may access some or all of the services (“Services”) offered by Freeme Digital and its licensors and authorized business partners (collectively, “Providers”). The Services include, but are not limited to the Freeme Digital music, video subscription and download facility and the Freeme Digital subscription service (collectively, “Subscription Service”).
By using these Sites, the Services, the Materials and/or downloading and/or using Software, you automatically signify your agreement with and acceptance of this EULA. You also agree to ensure that anyone who uses these Sites, Software, the Materials and/or the Services on your computer also strictly abides by and adheres to this EULA. Freeme Digital has the right to revise, alter, change, modify, supplement and/or amend (collectively, “revisions”) this EULA at any time for any reason, in its sole discretion, without providing notice to its users. Your continued use of these Sites, Software, the Materials and/or the Services shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. We reserve the right to make revisions to or discontinue any portion of the Sites, Software, the Materials and/or the Services at any time and for any reason, at our sole discretion. We may also impose limits on certain features or restrict your access to parts or the entire Sites without notice or liability. Your continued use of the Sites, Software, the Materials and/or the Services after such revisions shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. You should check this website regularly to determine if any changes and or updates have been made to this EULA.
If you do not meet the requirements (as described below) or agree to (or cannot comply with) this EULA, as may be revised from time to time, you must stop using the Sites, Software, Materials and Services and, if applicable, cancel your Subscription Service. This license will terminate upon conditions set forth elsewhere within this EULA or if you fail to comply with any term or condition of this EULA. In such event, no notice shall be required by Freeme Digital to effect such termination.
If you desire to download music available from Freeme Digital and/or its licensors, you must register with Freeme Digital to open an account (”Account“) for the purpose of subscribing for and/or downloading and/or using content from the Sites or to purchase Subscription Services. You represent, covenant and agree that you will access the Services in connection with your Account only from the country you identify as your residence when you establish your account. As part of the registration process, each user will be asked for such personally identifiable information as name, email address, age, postal mailing address, mobile telephone number, gender and other demographic information (collectively, “Data”), as well as asked to select a password (“Password”) and User Name (“User Name”). You agree to provide Freeme Digital with accurate, complete, and updated Account information, and maintain and promptly update such information to keep it accurate, current and complete. If you provide any information determined by Freeme Digital, in its sole discretion, to be untrue, inaccurate, not current, incomplete, misleading or designed to deceive, or if Freeme Digital, in its sole discretion, believes it has a basis to suspect that such is the case, Freeme Digital has the right to immediately suspend or terminate your account, either with or without notice to you, and refuse to grant any and all current or future access and use of the Services (or any portion thereof) and/or any benefit to which you may be entitled through your access and use of the Sites, Software, Material and Services. You may not: (i) select or use a User Name of another person or third party entity with the intent to impersonate that person or third party entity; (ii) use a name subject to the rights of any other person or third party entity without authorization; or (iii) use a User Name that Freeme Digital, in its sole discretion, deems inappropriate or offensive. You shall notify Freeme Digital at customer support of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and/or Password. You will be responsible for maintaining the confidentiality of your User Name and Password. Freeme Digital may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that Freeme Digital believes, in its sole discretion, is: (i) illegal, fraudulent, harassing, abusive or otherwise improper or inappropriate;(ii) a violation of this EULA, any other policies or guidelines posted by Freeme Digital on any of its Sites; or (iii) harmful to other users, third parties, the Services, or the business interests of Freeme Digital. If Freeme Digital has terminated a portion, but not all, of your access to the Services for the foregoing reasons, you will nevertheless be responsible for all the charges for the Services, if any. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against Freeme Digital, or a claim which in any way involves Freeme Digital, then Freeme Digital may terminate your Account. Upon termination of your Account by Freeme Digital for any of the above-mentioned reasons, Freeme Digital may prohibit you from ever opening up another Account, as determined by Freeme Digital in its sole discretion. Upon termination of your Account, Freeme Digital will have no obligation to notify any third parties nor will Freeme Digital be responsible for any damages or liabilities that may result or arise out of termination of your Account.
Use of Materials; Usage Restrictions
All materials and works published by Freeme Digital on any of its Sites or available from the Services (including, but not limited to, audio files and streams, video files and streams text, images, illustrations, etc.) are owned or controlled by Freeme Digital, subsidiaries and/or affiliated companies or a third-party provider or licensor, and may be referred to herein as “Materials.” The Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by this EULA, certain other policies and agreements, and applicable law. Further, the third party providers and licensors of the Materials have reserved all rights, including without limitation all applicable rights relating to their Materials, as they may prescribe from time to time. Your use of the Materials is subject to the following prohibitions and restrictions:
You are prohibited from copying, reproducing, uploading, exporting, transferring, selling, forwarding, sharing with others or transmitting the Materials in any way unless specifically authorized by Freeme Digital.
You may use the Materials for personal, non-commercial entertainment use only; you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Materials, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.
You are prohibited from making modifications to the Materials or creating derivative works based on the Materials, as well as using the Materials on any networked computer environment or other website.
You are prohibited from making any use of the Materials that would infringe the copyrights therein.
You must comply with all applicable law in your use of the Materials and agree to protect any third party licensor’s rights therein.
You are prohibited from making any unauthorized reproduction or distribution of Materials that violates applicable law.
You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions. All rights not expressly granted to you in this EULA are reserved to Freeme Digital and/or its licensors. Freeme Digital (for itself and for the Materials’ owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.
Your Eligibility to Open an Account; Individuals Under The Age Of 13
By opening an Account, you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. It is solely with your discretion whether or not to allow your minor children (provided such children are not under the age of 13 years) for whom you are the parent or legal guardian to access and use the Sites, Software, Materials and/or the Services using your Account, provided, however, that you accept exclusive, full and complete responsibility for the conduct of the children using your Account.
Agreement to Pay
By signing the Freeme Digital Rights Licensing Agreement, you authorize Freeme Digital to charge applicable fees to your billing payment method designated during the registration process, on a pre-paid basis if applicable. Freeme Digital may make various payment methods available to you, including Cash, Bank Deposits and mobile money, and Freeme Digital may cease offering any particular payment method at any time, in its sole discretion, at which time you will be required to select a different payment method to continue using the Services. If we are unable to charge your billing payment method for any payment, Freeme Digital may, in its sole discretion, take any of the following actions: (i) deny purchase, (ii) immediately suspend or terminate your Freeme Digital account. Unless you unsubscribe from Freeme Digital, Freeme Digital will automatically collect and retain your billing information and Account information for future purchases.
Prices quoted are generally inclusive of any applicable taxes that are required to be collected and remitted by Freeme Digital, including any sales taxes.
Disclaimer of Guarantees, Claims, Representations and Warranties
*READ THIS CAREFULLY* THE SITES, SOFTWARE, THE MATERIALS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ACCESS THEM AT YOUR OWN RISK. FREEME DIGITAL MAKES NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF CUSTOM, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, QUALITY, PERFORMANCE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND ARE CREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, FREEME DIGITAL MAKES NO GUARANTEES, CLAIMS, REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES PROVIDED BY LICENSORS, ADVERTISERS, MARKETERS AND/OR THIRD PARTIES WHICH ARE ACCESSIBLE ON OR THROUGH THE SITES, SERVICES, MATERIALS OR SOFTWARE.
NEITHER FREEME DIGITAL NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FREEME DIGITAL PROVIDERS, FACILITIES, INFORMATION PROVIDERS, LICENSORS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, SOFTWARE, MATERIALS AND/OR SERVICES MAKE ANY GUARANTEES, CLAIMS REPRESENTATIONS OR WARRANTIES OF ANY KIND: (A) THAT THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, RELIABLE, UNINTERRUPTED, IMPAIRED, TIMELY, SECURE, ACCURATE, COMPLETE, VIRUS-FREE OR ERROR-FREE, OR (B) THAT ERRORS OR DEFECTS RELATED TO THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES WILL BE CORRECTED. FREEME DIGITAL ALSO DOES NOT GUARANTEE, CLAIM, REPRESENT OR WARRANT THAT THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF GUARANTEES, CLAIMS, REPRESENTATIONS AND WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS EULA AND YOUR PERMISSION FROM FREEME DIGITAL TO ACCESS AND USE THE SITES, SOFTWARE, MATERIALS AND SERVICES.
FREEME DIGITAL AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT USER PERSONALLY IDENTIFIABLE INFORMATION (DATA) SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND FREEME DIGITAL HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR LIABILITIES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH SUCH INFORMATION. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITES, SOFTWARE, THE MATERIALS AND THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The above exclusions may not apply in some jurisdictions that do not allow the disclaimer of certain implied warranties, so the foregoing disclaimer may not apply to you. In such jurisdictions, all representations and warranties other than those expressly prohibited by applicable law shall be enforced to the fullest extent of the law.
Limitation of Liability
*READ THIS CAREFULLY* YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT FREEME DIGITAL, ITS SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, FREEME DIGITAL PROVIDERS, PARTNERS, ADVERTISERS, AND AGENTS (COLLECTIVELY, “PROTECTED PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR OTHER RELIEF OF ANY KIND OR NATURE, ARISING OUT OF, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITES, SOFTWARE, MATERIALS AND/OR SOFTWARE INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ASSETS, BUSINESS OR OTHER TANGIBLE AND/OR INTANGIBLE LOSSES, EVEN IF ANY OF THE PROTECTED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITES, SOFTWARE, THE MATERIAL AND/OR THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SITES, SOFTWARE, THE MATERIAL AND/OR THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES; (E) INACCURACIES, MISTAKES, OR ERRORS OF CONTENT; (F) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES; (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THOUGH THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES BY A THIRD PARTY; OR (H) ANY OTHER MATTER RELATING TO THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL THE PROTECTED PARTIES HAVE CUMULATIVE LIABILITY UNDER THIS EULA. IN THE EVENT THIS LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE OR LIMITED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED USD$25.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE PROTECTED PARTIES’ LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES IS TO DISCONTINUE ANY USE OF THE SITES AND/OR UNINSTALL AND CEASE USE OF SUCH SOFTWARE, MATERIALS AND SERVICES.
Links to Third Party Sites, Third Party Content, Online Behaviour and Prohibited Uses of Software
The links throughout this Site will let you leave the Freeme Digital Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Freeme Digital in any manner whatsoever. Therefore, Freeme Digital is in no manner responsible for the “Content” of any such linked site(s) or any link contained within a linked site, including any changes or updates to such site(s). Freeme Digital is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Freeme Digital of the site(s) and/or any of the content therein.
You understand that all third party content, including, without limitation all advertiser, marketer and other third party offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through the Sites, Software, Materials and Service (collectively, “Content”), whether publicly available or privately transmitted, is the sole and exclusive property of such third parties, each of whom assumes complete responsibility for the Content they have created. Freeme Digital has and accepts no responsibility for and does not endorse or control such Content. This means that you, and not Freeme Digital, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via this Site, Software or the Services. Freeme Digital does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that by accessing and using the Sites, Software, Materials and Services, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to assume and accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content submitted to Freeme Digital including, through this Site or the Services. Under no circumstances will Freeme Digital or its licensors be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the access and use of any Content posted or transmitted via the Services by accessing and using the Services, you understand, acknowledge and agree that you may be subject to various risks, including, without limitation, the exposure of data you have downloaded or have offered to share, and that you assume and accept all such risks as solely your risks and responsibility. In addition, all Content made available or accessed through the use of the Services is the property of the applicable Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights.
Notwithstanding anything to the contrary, you are strictly prohibited from:
removing any proprietary notices from this Site, Services, the Materials and Software or any copies thereof;
causing, permitting or authorizing the modification, creation of derivative works; translation, reverse engineering, decompiling or disassembling of Software or media;
selling, assigning, renting, leasing, acting as a service bureau, or granting rights in Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Freeme Digital;
exporting or re-exporting Software or media in violation of applicable export laws;
using this Site, Software or Services for any commercial purpose or the benefit of any third party or any manner not permitted by the license grant;
using the Freeme Digital Sites, Software, Materials or Services to access any content files accessible through the Freeme Digital Software without the permission of the publisher of the content files;
accessing, creating or modifying source code related to the Site, Software, Material, or Services in any way;
using the Freeme Digital Sites, Materials or Services to, or in any way that would, violate any applicable law, regulation or ordinance;
using the Freeme Digital Sites, Software, Materials or Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory or harmful; or (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Freeme Digital Software or Services.
using any unlicensed or unauthorized copies of the Materials and Software;
collecting any information or communication about the users of the Sites, Materials, Services, Software by monitoring, interdicting or intercepting any process of or communication initiated by the Sites, Materials, Services, Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
attempting to hack this Site, Services, Software or any communication initiated by the this Site, Services, or Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Freeme Digital or its licensors with respect to this Site, Services, Software and/or data and/or content transmitted, processed or stored by Freeme Digital or other users of this Site, Services, Software; or
taking any steps to interfere with or in any manner compromise any of Freeme Digital’ security measures.
Freeme Digital may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act and similar laws, and you expressly authorize Freeme Digital to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. Except where Freeme Digital specifically requests or solicits comments or submissions, Freeme Digital does not accept or consider any creative ideas, suggestions, comments or materials (collectively, “Comments”) from the public. If a Comment is received from you by Freeme Digital, you understand, acknowledge and agree that (a) it may be utilized by Freeme Digital free of any right, claim, title or ownership interest in the Comment(s), (b) you waive your right to assert any ownership right, claim, title and interest of any kind in the Comment(s) (including, but not limited to unfair competition, Intellectual Property, moral and/or similar rights or implied contract), (c) you hereby grant Freeme Digital a nonexclusive, perpetual, irrevocable, worldwide license to the Comment(s) in every media and for every purpose now known or hereinafter discovered, and (d) you waive the right to receive any financial or other consideration or remuneration in connection with such Comment(s), including, but not limited to, attribution or other credit. You completely release Freeme Digital (and its subsidiaries, Freeme Digital Providers, and affiliates and each of their officers, directors, agents, joint-ventures and employees) in all respects from any claims, demands, actions, losses and other perceived, actual, incidental, indirect, exemplary, special or consequential damages of every kind and nature (collectively, “Claims”), known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way connected with your unsolicited submissions, including, without limitation, all Claims for theft of ideas or Intellectual Property Rights infringement by Freeme Digital.
Your Representations and Warranties
You represent, promise and warrant that:
you possess the legal right and ability to enter into this EULA and to comply with its terms;
you will not attempt to decompile, reverse engineer or hack website, or the Services or to defeat or overcome any encryption and/or digital rights management technology implemented by Freeme Digital with respect to this Site, Software, the Services and/or data transmitted, processed or stored by Freeme Digital, Software or the Services;
you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by Freeme Digital or Freeme Digital Providers to protect the content and files distributed by Freeme Digital, including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files;
you will not take any steps to interfere with or in any manner compromise any of Freeme Digital’s security measures, the security measures of Freeme Digital Providers, administrators, or other providers.
Notification of Copyright Infringement
Freeme Digital will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, Software or the Services, please notify Freeme Digital’s Copyright Agent.
A notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the Notice ), and must include substantially all of the following: a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled; a description of the exact name of the file on the Freeme Digital Software, the Services or this Site (and the location of the file, if it appears on this Site) that you claim is infringing or if the infringed work appears on a site linked to from this Site, Software or Services, where the material that you claim is infringing is located on such site; information sufficient to permit Freeme Digital to contact you, such as your physical address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf. To reach Freeme Digital’s Copyright Agent for Notice of claims of copyright infringement, please email: [email protected]. The copyright agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring or through this Site, Software or Services. All other inquiries directed to the copyright agent will not be responded to.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Freeme Digital used herein are trademarks or registered trademarks of Freeme Digital or Freeme Digital Providers. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the mark owner.
Any dispute, controversy or claim arising under, out of or relating to the Service, the Site(s), the Materials, or this EULA, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules for Film and Media. The place of mediation shall be Geneva, Switzerland. The language to be used in the mediation shall be English.
If, and to the extent that, any such dispute, controversy or claim arising under, out of or relating to this EULA and any subsequent amendments of the Service, the Site(s), the Materials, or this EULA, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims has not been settled pursuant to the mediation within 30 days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by binding arbitration in accordance with the WIPO Expedited Arbitration Rules for Film and Media. Alternatively, if, before the expiration of the said period of 30 days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by binding arbitration in accordance with the WIPO Expedited Arbitration Rules for Film and Media. The dispute, controversy or claim referred to arbitration shall be decided in accordance with the law of Switzerland.
Unless the parties agree within thirty (30) days of the filing of the Request for Arbitration to utilize a single arbitrator appointed by WIPO following consultation with the parties, each party shall appoint an arbitrator, and the WIPO shall appoint a third arbitrator, who shall serve as chair of the panel, following consultation with the parties and the party appointed arbitrators. Each arbitrator so appointed shall be independent of the parties and shall have an international reputation as being experienced in the legal and technical matters related to the dispute. The seat of arbitration shall be Geneva, Switzerland provided, however, that the arbitrators may hold hearings at such other locations as the arbitrators shall determine, after consultation with the parties. The arbitral proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy thereof. The arbitrators are precluded from awarding punitive or exemplary damages. In no event shall the arbitrators have the powers of an amiable compositeur.
The following provisions relating to service of process shall apply to any litigation matters that may arise under this Agreement, any matter related thereto, or the enforcement of any arbitral or other award made pursuant to the terms hereof:
Each Party hereto irrevocably and unconditionally consents to service of process upon it in any proceeding brought to obtain interim injunctive relief or any proceeding brought to recognize and enforce an arbitral award hereunder, by mailing copies of any notice or pleadings thereof by registered international airmail, recognized international courier, or international express mail, postage prepaid, return receipt requested, to it at its address specified herein. The foregoing shall not limit the right of either Party to serve process in any other manner permitted by applicable law and shall not limit the ability of either Party to bring any such proceeding or to obtain execution of any judgment rendered in any such proceeding in any other jurisdiction in which the other Party hereto or any of its property or assets may be found.
Each Party hereto specifically hereby waives any claim or right it may have by statute, treaty, or law to contest the jurisdiction or venue of any cantonal or federal court in any action or proceeding, for interim relief or to enforce an arbitral award, instituted by the other Party, including, but not limited to, any claim that might be asserted under the Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters, and the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
Final judgment on an arbitral award rendered against either Party in any action or proceeding shall be conclusive and may be enforced, to the extent permitted by applicable law, in any jurisdiction by suit on the judgment or by such other means provided by applicable law; a certified copy of which judgment shall be conclusive evidence thereof. . The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any Request for Arbitration, claim or cause of action arising out of or related to use of the Services, Materials, Sites or this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Freeme Digital reserves all rights not expressly granted herein. Freeme Digital may modify this EULA at any time for any reason, in its sole discretion, by posting the revised EULA on this Site. You may not assign any rights granted to you hereunder. Nothing in this EULA shall constitute a partnership or joint venture between you and Freeme Digital. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this EULA shall nonetheless remain in full force and effect. The failure of Freeme Digital at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. To the extent that anything in or associated with the Site, Software and/or Services is in conflict or inconsistent with this EULA, this EULA shall take precedence. If any terms contained herein conflict with the terms contained in any offer or elsewhere on the Sites, these terms and conditions control. This EULA and all documents relating hereto have been drafted and will be interpreted in English. The rights and remedies granted to Freeme Digital under this EULA are cumulative and in addition to, not in lieu of, any other rights and remedies which Freeme Digital may possess at law or in equity. The terms set forth in this EULA and any agreements included or referred to in this EULA constitute the final, complete and exclusive agreement with respect to this Site, Software, Materials and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended third-party beneficiaries of this EULA and shall have the right to enforce it against you. Upon termination, cancellation, suspension or expiration of this EULA for any reason, you agree to cease all access and use of the Site, Software and Services.
If you have any questions or concerns about this EULA or any issues raised in this EULA or on this Site, please contact us via the Contact Us details.