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TERMS AND CONDITIONS

1. Introduction

Welcome to the FreeMailPost website the next generation of mailing where mailers can register and receive free postage paid mailing envelopes. The FreeMailPost website is operated by Third Eye Entertainment, with company offices in The Netherlands and Los Angeles. By using the FreeMailPost Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'written agreement signed by you.'
 

2. Changes to FreeMailPost.com and the Terms of Service

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time with or without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's updated date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
 

3. Eligibility and Registration
Our policy is to request that "Minors" (the age of Minors is determined by local law where you reside) do not make purchases or engage in other legal acts on the FreeMailPost website without the consent and supervision of a parent or legal guardian, unless permitted by applicable law. By registering for the FreeMailPost Service, you represent and warrant that you are not a "Minor" acting without the consent and supervision of a parent or legal guardian and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a FreeMailPost.com mailer ('Mailer'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
 

4. Downloader Conduct and Appropriate Content
The FreeMailPost Service is made available for your personal use only. You may not use the FreeMailPost Service and envelopes for any illegal or unauthorized purpose. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the FreeMailPost Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does FreeMailPost have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Mailer's use of the FreeMailPost Service. FreeMailPost cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph 4.
 

5. Conditions for Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the FreeMailPost Service. By way of example, and not as a limitation, you agree NOT to:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  2. Use other Mailers' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Mailers
  3. Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
  4. Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by FreeMailPost.
  5. Create a false or misleading identity of,(including, but not limited to), a FreeMailPost employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
  6. Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  7. Use the FreeMailPost Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the FreeMailPost website.
  8. Attempt to gain unauthorized access to the FreeMailPost Service, other accounts, computer systems or networks connected to the FreeMailPost Service, through password mining or any other means.
  9. Modify, adapt, translate, or reverse engineer any portion of the FreeMailPost Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the FreeMailPost Service.
  10. Reformat or frame any portion of the web pages that are part of the FreeMailPost Service.
  11. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
  12. Remove any copyright, trademark or other proprietary rights notices contained in or on the FreeMailPost Service.
  13. Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  14. Interfere with another Downloader's use and enjoyment of the FreeMailPost Service.
  15. Harvest or collect email addresses or other contact information of Mailers, including usernames, from the FreeMailPost website by electronic or other means.

By enrolling in the FreeMailPost Service, you acknowledge and agree that you have no right to provide any files obtained through the FreeMailPost Service to any other party or through any other means save as otherwise provided through the FreeMailPost mailing service (as detailed on the FreeMailPost website).
Because the FreeMailPost Service is designed for personal mailing and use, you are not allowed to use any automated system for the selection or requesting of envelopes. FreeMailPost reserves the right to immediately and permanently terminate your access to the Service if FreeMailPost believes that you are violating such limitation.
You represent and warrant that you own or otherwise control all of the rights to any Materials that you post to the FreeMailPost website.
You may not use or allow others to use, your IDs and/or the FreeMailPost Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the FreeMailPost Service, that:

  1. is libellous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive;
  2. violates any law or regulation or the rights of others;
  3. causes duress, distress or discomfort to another or is likely to deter or discourage others from using the FreeMailPost Service; and/or
  4. infringes any intellectual property, proprietary rights or confidentiality obligations of others.

You are solely responsible and liable for any such activity, behaviour, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.
You also may not use, nor allow others to use, your ID(s), the FreeMailPost Service, directly or indirectly, to:

  1. attempt to or actually disrupt, impair or interfere with, alter or modify the FreeMailPost Service or any information, data or materials posted and/or displayed by us or anyone else;
  2. act in a way that affects or reflects negatively on us, the FreeMailPost Service, or anyone else;
  3. collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all applicable laws and regulations which are applicable to your use of the FreeMailPost Service.

You are prohibited from violating or attempting to violate the security of the FreeMailPost Service, including, without limitation:

  1. accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorised to access;
  2. attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent;
  3. attempting to interfere with or disrupt the FreeMailPost Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or
  4. sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the FreeMailPost Service and/or the FreeMailPost website including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer's functionality or operation.
FreeMailPost derives its rights to use advertiser trademarks and images on envelopes through the FreeMailPost Service from advertisers for fixed periods of time and, sometimes, for limited territories. FreeMailPost is sometimes required to pull certain advertisers off the Service for legal reasons. Therefore, certain advertisers listed or advertised by FreeMailPost may not be available when you try to request their corresponding envelopes, and not all advertiser envelopes are available in all states.
 

6. Service Suspensions
FreeMailPost will make reasonable efforts to keep the FreeMailPost website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of FreeMailPost may, from time to time, result in temporary service interruptions. FreeMailPost also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the FreeMailPost Service with or without notice. You agree that FreeMailPost shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the FreeMailPost Service.
 

7. Proprietary Rights, Rights Owners and Trademarks - Advertisers
The license you grant to FreeMailPost via the Advertiser Agreement will be non-exclusive (meaning you are free to license your Materials to anyone else in addition to FreeMailPost).
By entering into this Agreement you will have granted us the the right to place your materials/banners on our site and envelopes.
You represent and warrant that:
FreeMailPost and its affiliates and licensors own and retain all rights in the FreeMailPost web site and FreeMailPost Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the FreeMailPost Service by FreeMailPost. Except as expressly authorized by FreeMailPost you may not copy, modify, publish, transmit, distribute, display or sell any of FreeMailPost's proprietary information. 'FreeMailPost is a trademark of Third Eye Entertainment.
 

8. No Refunds - Advertisers
Please note that we are unable to accept cancellation of any orders for paid for envelopes, nor offer any refund for such orders, once printing of the envelopes has commenced. All such sales are final and a sale is confirmed immediately when you begin to upload ads/banners for display on the FreeMailPost Website and you will have no right to cancel your contract once the sale commences. The FreeMailPost.com website enables you to preview the service we provide and this ability to preview our service prior to purchase will assist in your decision making prior to purchase.
 

9. Privacy Policy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.
 

10. Copyright and Intellectual Property
Website Content
The FreeMailPost website and the underlying computer code used by us to design, operate and maintain the website and all content and material contained within or available on the Website is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the FreeMailPost website. Notwithstanding the above, you may use the content and materials on the Website in the course of your normal, personal, non-commercial use of the FreeMailPost website.
COPYRIGHT COMPLAINTS
We respect the ownership of copyright and other intellectual property rights of others and we have made all reasonable endeavours to acquire the consent of the copyright owners to the content provided on the FreeMailPost website. We will upon notice of any actual or potential infringement of copyright in such content either seek to acquire the consent of the copyright owner to use such content or, if this is not possible, immediately remove the infringing or potentially infringing content from the FreeMailPost website.
If you believe that your work or the work of a third party has been used on the FreeMailPost website in such a way that constitutes copyright infringement, please contact us and provide us with the written information specified below:

    • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
    • A description of the copyrighted protected content that you believe has been infringed upon;
    • A full description of where on the FreeMailPost website this content can be found (including the relevant URL and/ or screen shot);
    • Your address, telephone number, and e-mail address;
    • A written statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
    • A written statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf.
 

11. Internet Access
FreeMailPost shall not be responsible for any connection or access to the FreeMailPost website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the FreeMailPost website via the Internet, and the Internet access charges thereon.
 

12. Termination of the FreeMailPost Service
These Terms of Service will apply to your use of the FreeMailPost Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To cancel your account click here. We may terminate your mailer status immediately at any time, for any reason. Once your mailer status terminates, you will have no right to use the FreeMailPost Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your mailer status.
FreeMailPost may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the FreeMailPost Service, or any part thereof, with or without notice. You agree that any termination of access to the FreeMailPost Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that FreeMailPost may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the FreeMailPost Service. Where possible, FreeMailPost will use reasonable efforts to give Mailers fair notice of termination or suspension of their access to the FreeMailPost Service. Further you agree that FreeMailPost shall not be liable to you or any third party for any termination or suspension of access to the FreeMailPost Service or modification of the FreeMailPost Service.
 

13. Disclaimer of Warranties
FreeMailPost, and its affiliates, licensors, partners, mailers, advertisers, suppliers, employees, consultants and agents ('the FreeMailPost Family') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the FreeMailPost Service.
The FreeMailPost Family further expressly disclaims (1) that the FreeMailPost Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the FreeMailPost Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the FreeMailPost Service or the content made available as part of the FreeMailPost Service will be correct, accurate, timely, or otherwise reliable.
FreeMailPost Family expressly disclaims any and all responsibility and liability for the conduct of any other Mailer, and expressly disclaims that the content and Materials of the FreeMailPost Service input by other Mailer is correct or accurate.
THE FREEMAILPOST SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE FREEMAILPOST SERVICES), PRODUCTS AND SERVICES INCLUDEDTHEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. FREEMAILPOST EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT YOUR USE OF THE FREEMAILPOST SERVICE IS ENTIRELY AT YOUR OWN RISK.
 

14.Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at FreeMailPost's request defend, FreeMailPost, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, downloaders, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the FreeMailPost Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, FreeMailPost will provide you with written notice of such claim, suit or action.
 

15. Limitation of Liability
YOUR USE OF THE FREEMAILPOST SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL FREEMAILPOST, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE FREEMAILPOST SERVICE, WHETHER OR NOT FREEMAILPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FREEMAILPOST SERVICE, FROM INABILITY TO USE THE FREEMAILPOST SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FREEMAILPOST SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE FREEMAILPOST SERVICE OR ANY PART OF THE WE7 SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FREEMAILPOST SERVICE AND ITS RELATED WEBSITE. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL FREEMAILPOST BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS $100.00).
 

16. Notices
FreeMailPost may provide you with notices regarding the FreeMailPost Service or these Terms of FreeMailPost Service by regular mail, email, or postings to this Web site.
 

17. Legal Compliance
You shall comply with all applicable US laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the FreeMailPost Services.
 

18. Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of the US, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the exclusive jurisdiction of the courts located in Los Angeles, California.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall FreeMailPost be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and FreeMailPost with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of these Terms of Service by a party will be effective only if in writing and signed by a party.
 
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