1. Description of Service
Fiksu, Inc. is providing Member with the Service via the Site. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
By using the Site, you agree to only use the Service that are publicly accessible or to which you are properly enrolled or subscribed. Additional Services may be made available from time to time, with respect to which additional terms and conditions may be imposed by Fiksu, Inc. via a separate click through or signed agreement.
2. User Conduct
You may not use the Site or Service to:
- acquire any rewards or item of value through the use of botnets or automated means or through deception or misrepresentation in any respect;
- post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which Fiksu, Inc. considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
- sell or promote any products or services;
- introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
- display material that exploits children under 18 years of age;
- post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- promote, solicit or participate in multi-level marketing or pyramid schemes;
- harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
- impersonate any other person, including but not limited to, a customer, supplier, Fiksu, Inc., or any persons associated with Fisku, Inc.;
- publish or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age);
- publish or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
- intentionally or unintentionally violate any applicable local, state, national or foreign law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Service, in any manner; or
- invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
You shall not: (a) modify, adapt or create derivative works based on the Site, the Service available from Fiksu, Inc. or the Site’s content; (b) "frame" or "mirror" any content or create Internet “links” to or from the site; or (c) disassemble, reverse engineer, or decompile the Service provided via this Site or its content, or access the Site or its content in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
Fiksu, Inc. reserves the right, without prior notice and in its sole discretion, to decide whether any Member violates these terms and conditions for any of the above reasons or for any other reason, and if so, to remove offending content and/or terminate your access to the Site and/or the Service.
3. Disclaimer of Warranties
The site is provided by Fiksu, Inc. on an "as is" and on an "as available" basis. All content and features of the site and Service are subject to change or termination without notice in the sole discretion of Fiksu, Inc.
To the fullest extent permitted by applicable law, Fiksu, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, completeness or otherwise. Fiksu, Inc. shall have no liability for any interruptions in the use of this Site, or for failing to correct defects, or for viruses or other harmful components spread by or through the site. Fiksu, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
4. Limitation of Liability
FIKSU, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FIKSU, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO, OR THE USE OF OR THE INABILITY TO USE, THE SERVICE, THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FIKSU, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Fiksu, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
6. Modifications and Interruption to Service
Fiksu, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Fiksu, Inc. shall not be liable to Member or any third party should Fiksu, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Fiksu, Inc. does not guarantee continuous, uninterrupted or secure access to our Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by vendors or suppliers to Fiksu, Inc. (“Vendors”) or collected from publicly available sources. No reference to any third party or third party product or service shall be construed as an approval or endorsement by Fiksu, Inc. of that third party or of any third party product or service. Fiksu, Inc. makes no representations or warranties as to the accuracy or reliability of any information provided on this Site. Fiksu, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
9. Governing Law
10. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Notice and Takedown Procedure
If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Fiksu Inc.’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Fiksu Inc.’s contact for copyright issues relating to this Site is as follows:
Fiksu Legal Counsel
101 Arch St. Suite 304
Boston MA 02110 USA
In an effort to protect the rights of copyright owners, Fiksu, Inc. maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Site who are repeat infringers.
15. Copyright and Trademark Information
Freemyapps is a trademark of Appexchanger.com. All other trademarks are the property of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Fiksu, Inc.
16. Other Terms
Copyright © 2012 Fiksu, Inc. All Rights Reserved.