Conditions of Use
Last updated on: September 9, 2019
Any usage of “we”, “us” and “FreemiumMedia.com” means the applicable FreemiumMedia.com Contracting Party. Any usage of "you", "users" or "visitors" means any entity not represented by FreemiumMedia.com or any subsidary of FreemiumMedia.com.
The services offered by us under the TOU include various products and services to help users sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by us are referred to in these TOU as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the TOU.
By using FreemiumMedia.com or any FreemiumMedia.com services, you are agreeing to be legally bound to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- You must register for an account (“Account”) to access and use the Services. You must provide your full legal name, current address, phone number, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You acknowledge that we will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
- You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
2.1 Store Owner/Business Account/Manufacturer/Vendor
- Subject to section 2.1(2), the contracting party (“Vendor”) is defined as the person signing up for the Service by opening an Account. The Vendor will be the person who is authorized to use any corresponding Account we may provide to the Vendor in connection with the Service.
3. General Conditions
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by FreemiumMedia.com.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use our trademarks and/or variations and misspellings thereof.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You acknowledge all liability from any communications made to customers.
4. FreemiumMedia.com Rights
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any FreemiumMedia.com customer, employee, member, or officer will result in immediate Account termination.
- FreemiumMedia.com does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store. We are not liable for any Materials in the possession or transference of a Vendor.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that our employees and contractors may also be FreemiumMedia.com customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, FreemiumMedia.com reserves the right to temporarily disable or delete an Account until resolution has been determined between the disputing parties.
6. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, FreemiumMedia.com and all subsidaries of FreemiumMedia.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- FreemiumMedia.com does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- FreemiumMedia.com does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- FreemiumMedia.com does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
7. Waiver and Complete Agreement
8. Intellectual Property and Customer Content
- You retain ownership over all Materials that you upload to FreemiumMedia.com; however, by uploading or creating content, you agree to allow others to view Materials that you post publicly. You are responsible for compliance of the Materials with any applicable laws or regulations.
- FreemiumMedia.com shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
We are not responsible for lost or stolen goods and will not be held liable for providers used to ship any products.
- Failure to pay fees shall result in termination of Services.
- FreemiumMedia.com does not provide refunds.
- You may cancel or terminate your Account at any time by contacting service@FreemiumMedia.com.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- Fraud: Without limiting any other remedies, we may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
12. Modifications to the Service and Prices
- Prices for using the Services are subject to change without notice.
- We reserve the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
- We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
13. Feedback and Reviews
We are not liable for any feedback. We reserve the right to delete or edit any feedback. Suggestions or ideas on product changes can be used and are not applicable to any compensation.
14. DMCA Notice and Takedown Procedure
15. Privacy & Data Protection
We are not responsible and will not be liable for the loss data. We are firmly committed to protecting the privacy of your personal information and the personal information of your customers.
1787 W. Big Beaver, Suite 260
Troy, MI 48084