Effective date: August 24, 2019
Welcome to FRESHMES!
Acceptance of the Terms.
Welcome to Freshmes! The following terms and conditions, (these “Terms”) are entered into by and between you and ‘Freshmes’ (“Freshmes, Inc.”, “Company”, “we”, “us” or “our“). These Terms govern your access to and use of our website, www.luminary-nyc.com (the “Site”), your purchase or use of our application (“App”)/ web-application (“Web-App”), membership with Freshmes (“Membership”), along with any other services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).
Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT-OUT OF ARBITRATION BELOW.
The FRESHMES, INC. Service
We agree to provide you with the FRESHMES Service. The Service includes all of the FRESHMES, INC. products, features, applications, services, technologies, and software that we provide to advance FRESHMES’s mission: help women master the juggle between work and life so they can spend more time with their family and doing the things they love. The Service is made up of the following aspects (the Service):
- Freshmes offer each member a brand page when he/she signs up where they get to personalize it (in a Freshmes systemized built-in process) with their own photos, posts, events, and blogging opportunities. The service then allows you to invite others to join you on Freshmes, to connect with other Freshmes members, and share your insights, promote your brand, business, project, or just be inspired carousel through the Freshmes Homepage. The service also allows its members to create their own content that should represent their brand in a positive light, and inspire others. The Freshmes members are communicators of things educational, uplifting, and inspiring. It is a place to discover, share, and connect so that the members can build meaningful relationships while building their core network of personal and professional “rolodex”.
- Not everyone is crafted the same, everyone is different, in different businesses, areas of expertise, social-economic status, education, and so on. We welcome this on Freshmes because Freshmes is made up of a diverse community of people from around the world, and we are open to all humankind. Although Freshmes is focused on women, we also welcome all humankind! So whether you are a female, male, or non-binary, we welcome you, too. We are open to all humankind!
- We know how hard marketing and branding and promoting can be, let alone costly! We built and continue to build processes and systems that help us understand who you are, and what matters to you. That said, we are highly focused on delivering value that is relevant to the majority of our users’ needs. When you sign up for Freshmes, the information you include on your onboarding is very important. That is the core of how your brand page gets automagically created on Freshmes so that creating content to post and sharing them can inspire others to get to know who you are at your “core”- this should be an enjoyable and uplifting process.
- We put together and built Freshmes 4 (Four) Pillars – which is our “core”. They are; 1) Brand 2) Connect 3) Promote 4) Earn. These four pillars will help structure your brand and give you simple ways to promote your brand, product and or services. We highlight and feature some of our members who are chosen, and featured “randomly” on the Homepage by the Founders. We do offer “Add On” features for such an opportunity to be featured on the Homepage and through our “Ad Buys” Service offered and listed on our Membership Tiers.
- The Freshmes Homepage. A big part of the Freshmes platform the Freshmes Homepage. Here is where all of our members’ content gets “pushed”. Highlights will be sectioned off as; “Feature Highlight”, “Featured Story”, “Featured Events”, “Featured Members”, and “Featured Networks”. We created an exploratory Homepage so members can view other members’ content, features, offers, and connect with members and/or networks you might be interested in and/or joining. We are always building and creating ways for you to experience FRESHMES to be an all in one platform. We do this by learning about the things you and others do on and off FRESHMES.
- FRESHMES is all about fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement when deemed necessary. Learn more in the Data Policy.
- Developing and using technologies that help us consistently serve our growing community. Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.
- Ensuring a stable global infrastructure for our Service. To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by FRESHMES or its affiliates.
- Connecting you with brands, products, and services in ways you care about. We use data from FRESHMES as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on FRESHMES, INC.
- Research and innovation. We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our entire FRESHMES community.
Purchase of Membership and Products.
If you purchase a Membership or any Freshmes Product(s) from the Site, the terms of sale provided in this section apply to you, as well as any other specific rules, usage restrictions, or procedures that we may provide to you in relation to your purchase (including your Membership Terms and Conditions).
You agree to provide your payment information at the time of your purchase or renew your membership or order any Product on the Site. Our payment page is powered by third party payment service providers, Recurly and Stripe. The information provided to Recurly and Stripe is governed by their respective Terms of Services and Privacy Policies. Freshmes is not responsible for the performance of Recurly and Stripe. During your use of the Services, the third-party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Our obligation to provide the Services only comes into being when we take receipt of your order. You agree not to hold us responsible for banking charges incurred due to payments on your account.
Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes on your membership, and taxes, shipping or carriage of the Products (when applicable) as such costs are specified by us on the Site when you submit your order.
Purchase of a Membership must be for your personal use only. Transfer of Membership to other persons is prohibited.
By purchasing Freshmes Service/Product(s), you hereby agree not to resell or distribute such Service/Product(s) for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability. Noncompliance with these Terms or any other reason are determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
Freshmes is a community of members. To become a member of Freshmes, you must join through our Site and/or Web-App/ App.. Freshmes is a diverse community open to all.
Cancellation or Suspension of Membership.
Freshmes’s Membership, cancellation, and suspension policies are set forth in its Membership Terms and Conditions, which are made available to all applicants for Membership that have been accepted to Freshmes. Except as provided in the Membership Terms and Conditions, all Memberships are non-refundable unless otherwise specified in writing by Freshmes.
Changing Fees and Charges.
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services.
Cancellations by Freshmes.
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms or other related restrictions (including, but not limited to, your Membership Terms and Conditions). Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of content from the Services.
The Data Policy
Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across the FRESHMES Products and Service. It also explains the many ways you can control your information. FRESHMES is currently a private platform requiring members to create a profile that builds their brand page on Freshmes. Please see your Freshmes Dashboard for your FRESHMES brand page Privacy and Security Settings. You must agree to the Data Policy to use FRESHMES.
In return for our commitment to provide the Service, we require you to make these commitments to us. Read below.
Who Can Use FRESHMES. We aim to be as inclusive as possible and we are constantly looking for ways and partnering with appropriate verified companies to deliver systems to put in place within the infrastructure. One of our main goals is to make FRESHMES a safe and secure social branding platform that is in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the FRESHMES community.
- You must be at least 18 years old.
- You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.
- You must not be a convicted sex offender.
Access to Services. By accessing the Services, you warrant that:
- You are legally capable of entering into binding contracts;
- All registration information you submit is truthful and accurate;
- You will maintain the accuracy of such information; and
- Your use of the Services does not violate any applicable law or regulation.
How You Can’t Use FRESHMES. Providing a safe and open Service for a broad community requires that we all do our part.
- You may have to disclose your proof of identity on FRESHMES and provide us with accurate and up to date information by providing FRESHMES proof of identity such as a valid government identification (ID such as license, and or a government-issued passport, including registration information you onboard with). At some point, we are deploying a “Verified User” indication on each brand page that signs up for one of our paid subscription membership. This will be a service we provide through a global third party we partner with.
- You can’t impersonate others or provide inaccurate information. Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.
- You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can’t violate (or help or encourage others to violate) these Terms or our policies, including in particular the FRESHMES Community Guidelines, and FRESHMES, INC. Platform Policy. Learn how to report conduct or content in FRESHMES FAQs Center. Email firstname.lastname@example.org
- You can’t do anything to interfere with or impair the intended operation of the Service.
- You can’t attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
- You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
- You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property. Learn more, including how to report content that you think infringes your intellectual property rights, here.
- You can’t use a domain name or URL in your username without our prior written consent. You must provide proof that you own the domain URL in order to use it.
Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
- We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the FRESHMES FAQ Center.
- Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as connections) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on FRESHMES Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on FRESHMES. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings. *Ad settings to be deployed in FRESHMES 2.0
- You agree that we can download and install updates to the Service on your device.
Eligibility; User Restrictions.
We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority (“Minor”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adults. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are under the age of 18 or the applicable age of majority and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.
You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. We may also suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
Use of the Services; Restrictions on Use.
We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:
- use the Services or solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
- express or imply that any statements you make are endorsed by Freshmes;
- scrape the Services or use other automated or manual means to take our content without our express prior written consent;
- modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
- run any form of auto-responder or “spam” on the Services;
- access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
- otherwise take any action in violation of these Terms.
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
- Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after your account is terminated or deleted.
Our Agreement and What Happens if We Disagree
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens.
- Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
- Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100.00 or the amount you have paid us in the past 6 months.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
LEGAL WORDING WITH RESPECT TO THE ABOVE:
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through use of the Services.
No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and the Company as if you signed these Terms in New York, without regard to New York state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we will do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
How We Will Handle Disputes.
- Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or FRESHMES (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other FRESHMES users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury. The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act. You can opt-out of this provision within 30 days of the date that you agreed to these Terms. To opt-out, you must send your name, residence address, username, email address or phone number you use for your FRESHMES, INC. account, and a clear statement that you want to opt-out of this arbitration agreement, and you must send them here: FRESHMES, INC. ATTN: FRESHMES, INC. Arbitration Opt-out, 315 W36th St., New York, NY 10018.
- Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your FRESHMES account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to FRESHMES, INC., ATTN: FRESHMES, INC. Arbitration Filing, 315 W36th St., New York, NY 10018. Before we commence an arbitration, we will send you a Notice of Dispute to the email address you use with your FRESHMES account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
- For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the State of New York. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of New York, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
Comments, Concerns, and Complaints.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: email@example.com.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
You also acknowledge and agree that your use of the Services requires Internet access and bandwidth and we do not own or control all aspects through which the Services are provided and cannot guarantee the performance of such facilities, equipment and communications lines. The Internet is not a secure network and third parties may be able to intercept, accept, use or corrupt the information you transmit or receive over the Internet. We are not responsible for invalid, erroneous or corrupted data.
Links to Third Party Websites.
We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. Although a third-party website may contain Freshmes’s logo or other intellectual property elements, please understand that it is independent from Freshmes and that Freshmes has no control over the content of that website. These links do not imply endorsement of, sponsorship of, or affiliation with Freshmes. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
The Company will not tolerate certain social media conduct by users of the Site, whether indirectly or directly targeting or relating to Freshmes, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence of any kind or other threats of any kind; or (c) conduct that violates any law or regulation. In the event that Freshmes feels that you have breached these Terms, Freshmes reserves all its rights to take further action, including but not limited to: (i) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing any of its social media channels at any time. In the event that you engage in (or direct or influence any person to engage in) any of this prohibited conduct on your social media channels regarding Freshmes or any of Freshmes’s officers, directors, employees, personnel, agents, policies, services or products or other members, Freshmes may immediately terminate your Membership or use of this Site and reserves it full legal rights to pursue legal damages against you.
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, (1) using the Services does not give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
In particular, audio or video content from Freshmes not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You must not access or use for any commercial purposes any part of the Site and App or any services or materials available through the Site and App. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at firstname.lastname@example.org.
Availability of the Services.
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at email@example.com and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Services are unavailable from time to time.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.
End User License.
Subject to the terms of this license agreement (“License Agreement”), as set forth in this “End User License Section,” and these other Terms, and your payment of applicable subscription fees, Freshmes grants you a limited, non-exclusive, and nontransferable license to: Applies to the foregoing of the future release of the Freshmes App*
- download, install, and use the App for your personal, non-commercial use on mobile device(s) owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation and with Apple Media Services’ Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/us/terms.html);* (future release of the Freshmes App TBA) and
- access, stream, download, and use on such Mobile Device the Services made available in or otherwise accessible through the App, strictly in accordance with this License Agreement and the Terms applicable to the Services.
- You shall not:
- copy the App, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
- use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems.
- You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this License Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this License Agreement. Freshmes and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this License Agreement.
- You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the App; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc.; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (vi) uploading invalid data, viruses, worms, or other software agents through the App; (vii) collecting or harvesting any personally identifiable information, including account names, from the App; (viii) using the App for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or creating a username that is vulgar or obscene (as determined in the Company’s sole discretion); (x) interfering with the proper working of the App; (xi) accessing any content on the App through any technology or means other than those provided or authorized by the App; or (xii) bypassing the measure we may use to prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
- You may choose to, or we may invite you to submit comments or ideas about the App, including without limitation about how to improve the App or our products (“Ideas”). By submitting any Idea, you agree that your disclosure will not place Freshmes under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Freshmes does not waive any rights to use similar or related ideas previously known to Freshmes, or developed by its employees, or obtained from sources other than you.
- Freshmes may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Freshmes has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the App will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this License Agreement.
Digital Millennium Copyright Act. DMCA
If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to firstname.lastname@example.org.
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; your contact information, including address, telephone number and, if available, e-mail address; a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Third Party Materials and Content.
You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third-party web sites (“Third Party Materials”). In consideration for Freshmes allowing you to use the Services, you agree that we, our affiliates, and third-party partners may place advertising on the Services.
You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We expressly disclaim any responsibility for all aspects of the Third-Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third-Party Materials.
Use of any third-party trademarks or third-party content on or in connection with the Services does not constitute an affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third-party trademarks or content, which shall remain the property of their respective owners.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Revised: August 19, 2019
- ABOUT US
- DATA POLICY
- FRESHMES PLATFORM POLICY
- FRESHMES COMMUNITY GUIDELINE
Freshmes Community Guidelines
Freshmes was created and built for the purpose of providing our members with a space to grow their brand, learn, mentor, educate, connect, promote, market, earn, inspire and be inspired. Our core mission is to be the Women’s Platform that members can go to master the juggle between work and life. We aim for Freshmes to be an authentic and safe place for inspiration, education, connecting, building a brand, and expression. Band with us and help us foster this community. Post only your own photos and videos* (functionality to be released with Freshmes 2.0) and always follow the law. Respect everyone on Freshmes, don’t spam people or post nudity, it is not allowed on Freshmes.
When we created Freshmes, we had in mind a big empty canvas being painted by a diverse community of different cultures, businesses, business sectors, ages, and beliefs. We’ve developed Freshmes and spent a great amount of time gathering information by asking a few hundred women certain questions on what their wishlist would be if they were to build their own platform based on how they would master the juggle between work and life. After about a year in exploratory and development, we went to work. We gathered what you told us, we broke it down to categories and chose the most relevant things you all needed and desired, which we combined and consolidated into one platform broken down to what we call our 4 (Four) Pillars. From these 4 Pillars, we realized that this is all you will need at this junction to be productive and be able to use your time wisely on Freshmes. We listened and gave you what you need. We ask that in return, you help us continue to create a safe and open-minded environment where everyone can be themselves and strengthen their “core”. We truly believe that when you find your “core”, you’re already living your purpose-driven life.
Freshmes is a social branding platform. We are not entirely a “social media” platform but rather a service provider that offers a digital product(s) through our paid monthly subscription model. This makes us a little different than all the social media platforms out there. We are a SaaS (Software As A Service) product in the technology sector. Rules below highlights more of our “social do’s and don’ts. Please make sure you abide by them and keep Freshmes a safe place for all to interact so everyone is productive and lifting one another, not tearing each other apart. We built with the platform to be a “one-stop” source for our members so they can conduct business, grow their brand, build their own micro-communities, promote their products and services, and have the ability to earn money all in one place. With this in mind, we developed systems and technologies that we hope can make marketing and branding ridiculously easy for all.
Now, on to the details. Things to do and consider doing to be a part of the Freshmes Community.
- Share only photos and videos* that you’ve taken or have the right to share.
As always, you own the content you post on Freshmes. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet that you don’t have the right to post. Learn more about intellectual property rights.
- Post photos and videos* that are appropriate for a diverse audience.
We don’t allow nudity on Freshmes. This includes photos, videos, and some digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks. It also includes some photos of female nipples, but photos of post-mastectomy scarring, cosmetic surgery photos depicting surgeries from doctors businesses who are members on Freshmes, and women actively breastfeeding are allowed. Nudity in photos of paintings and sculptures is OK, too.
People like to share photos or videos of their children. For safety reasons, we do not allow and may remove images that show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways.
- Create and foster meaningful and genuine interactions.
Help us stay spam-free by not artificially collecting likes, followers, or shares, posting repetitive comments or content, or repeatedly contacting people for commercial purposes without their consent!
- Follow the law.
Freshmes is NOT a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling illegal or prescription drugs (even if legal in your region) is also NOT ALLOWED. Freshmes also prohibits the sale of live animals between private individuals, though brick-and-mortar stores may offer these sales. No one may coordinate poaching or selling of endangered species or their parts. Remember to always follow the law when offering to sell or buy other regulated goods. Accounts promoting online gambling, online real money games of skill or online lotteries IS NOT ALLOWED ON FRESHMES. We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others! Respect the law and respect one another. We strongly want to build a community that is safe for our members, and we cannot do this without your help.
- Respect other members of the Freshmes community.
We want to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. We do generally allow stronger conversation around people who are featured in the news or have a large public audience due to their profession or chosen activities. It’s never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly. Serious threats of harm to public and personal safety aren’t allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.
- Maintain our supportive environment by not glorifying self-injury.
The Freshmes community cares for each other. We are not entirely a “social media” platform but rather a service provider that offers a digital product(s) and is often a place where people facing difficult issues such as eating disorders, cutting, or other kinds of self-injury come together to create awareness or find support. We try to do our part by providing education in the app and adding information in the Freshmes FAQs Help so people can get the help they need. Encouraging or urging people to embrace self-injury is counter to this environment of support, and we’ll remove it or disable accounts if it’s reported to us. We may also remove content identifying victims or survivors of self-injury if the content targets them for attack or humor.
- Be thoughtful when posting newsworthy events.
We understand that many people use Freshmes to share important and newsworthy events. Some of these issues can involve graphic images. Because so many different people and age groups use Freshmes, we may remove videos of intense, graphic violence to make sure Freshmes stays appropriate for everyone.
We understand that people often share this kind of content to condemn, raise awareness or educate. If you do share content for these reasons, we encourage you to caption your photo with a warning about graphic violence. Sharing graphic images for sadistic pleasure or to glorify violence is never allowed.
Help us keep the community strong:
- Each of us is an important part of the Freshmes community. If you see something that you think may violate our guidelines, please help us by contacting us through email at email@example.com. We have a team that reviews these reports and we will work as quickly as possible to remove content that doesn’t meet our guidelines. Even if you or someone you know doesn’t have a Freshmes account, you can still file a report by emailing us. When you complete the report, try to provide as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it quickly. We may remove entire posts if either the imagery or associated captions violate our guidelines.
- You may find content you don’t like, but doesn’t violate the Community Guidelines. If that happens, you can disconnect or block* the person who posted it.
- Many disputes and misunderstandings can be resolved directly between members of the community. If one of your photos or videos was posted by someone else, you could try commenting on the post and asking the person to take it down. If that doesn’t work, you can file a copyright report by emailing us at firstname.lastname@example.org. If you believe someone is violating your trademark, you can file a Trademark Report by emailing us at email@example.com. Don’t target the person who posted it by posting screenshots and drawing attention to the situation because that may be classified as harassment.
- We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.
Thank you and we are now on our way to building an incredible platform with your help! Let’s lift one another up and pay it forward!
The Freshmes Team
Freshmes Platform Policy
We provide the Freshmes Platform to support several types of apps and services. First, we provide them to help members of our community share their own content with apps or services. We also support apps and services that help brands and advertisers understand and manage their audience, develop their content strategy, and obtain digital rights. Finally, we provide the Freshmes Platform to help broadcasters and publishers discover content, get digital rights to media and share media using web embeds. The Freshmes Platform is not intended for other types of apps or services. For those we do support, the following terms and information also apply:
A. General Terms
- Ensure your app is stable and easily navigable. For example, verify that you have integrated Login correctly. Your app shouldn’t crash or hang during the testing process.
- Don’t confuse, deceive, defraud, mislead, or harass anyone.
- Be transparent about your identity and your app’s identity.
- Don’t use the Freshmes Platform for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
- Don’t store or cache Freshmes login credentials.
- Follow any instructions we include in our technical documentation.
- Provide meaningful customer support for your app, and make it easy for people to contact you.
- Comply with any requirements or restrictions imposed on usage of Freshmes user photos and videos (“User Content”) by their respective owners. You are solely responsible for making use of User Content in compliance with owners’ requirements or restrictions.
- Remove within 24 hours any User Content or other information that the owner asks you to remove.
- Obtain a person’s consent before including their User Content in any ad.
- Only store or cache User Content for the period necessary to provide your app’s service.
- If you store or cache User Content, keep it up to date. For example, if a user marks a photo as “private”, you must reflect that change by removing the content as soon as reasonably possible.
- Don’t use the Freshmes Platform to simply display User Content, import or backup content, or manage Freshmes relationships, without our prior permission.
- Don’t participate in any “like”, “share”, “comment” or “follower” exchange programs.
- Don’t use follower information for anything other than analytics without our prior permission. For example, don’t display these relationships in your app.
- Only use the POST and DELETE endpoints after a business has taken an explicit action in your app requesting you to do so.
- Only use the POST and DELETE likes, comments, and relationships endpoints to enable businesses to manage communication with people who have expressed interest in them. Don’t use these endpoints for non-business purposes.
- Only use the INSIGHTS DATA endpoint to inform the account holder of their own analytics information. Do not use it for any other service and do not share it with any third parties.
- Ensure your comments are uniquely tailored for each person. Don’t post unauthorized commercial communications or spam on Freshmes.
- Don’t enable a business to take more than one action on Freshmes at a time.
- Respect the limits we’ve placed on Freshmes functionality and the way Freshmes looks and functions. Don’t offer experiences that change it.
- Don’t attempt to build an ad network on Freshmes.
- Don’t attempt to identify groups of individuals or create demographic clusters for the purpose of contacting or targeting Freshmes members on or off Freshmes.
- Protect the information you receive from us against unauthorized access, use, or disclosure. For example, don’t use data obtained from us to provide tools that are used for surveillance.
- Don’t transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker, influencer network, or other advertising or monetization-related service.
- You can administer a promotion on Freshmes if you comply with Freshmes Promotion Guidelines and Policy and all applicable laws and regulations.
- Only incentivize a person to log into your app or enter a promotion. Don’t incentivize other actions.
- You cannot facilitate or promote online gambling, online real money games of skill, or online lotteries, on Freshmes at any given time.
- Don’t use an unreasonable amount of bandwidth, or adversely impact the stability of freshmes.com servers or the behavior of other apps using the Freshmes Platform.
- Don’t reverse engineer the Freshmes APIs or any of Freshmes’s apps.
- Don’t sell, lease, or sublicense the Freshmes Platform or any data derived through the Platform.
- Comply with all applicable laws or regulations. Don’t provide or promote content that violates any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Don’t expose Freshmes or people who use Freshmes to harm or legal liability.
B. Sharing to Stories/Posts/Events
- Stories must not include any logos, watermarks, calls-to-action, other promotional content.
- Additional policies for Stories with Attribution: a. Posts, Stories, Events, and Blogs must not be generic (i.e., only enable people to share unique and personal content). b. If a person clicks on your Post, Story, Events, and Blog, ensure you direct them to an experience that enhances any of the above
- Brand Assets
Comply with Freshmes Brand Guidelines. Don’t use the trademarks of Freshmes and its affiliates without written permission, including as authorized by applicable brand guidelines.
D. Things you should know
- Freshmes primarily communicates with developers through email. Please ensure that the email addresses associated with your Freshmes account are current and that you don’t filter out these messages.
- Freshmes may rate limit or block apps that make a large number of calls to the API that are not primarily in response to direct user actions.
- Enforcement is both automated and manual, and can include disabling your app, restricting you and your app’s access to Freshmes Platform, requiring that you delete data, terminating our agreements with you or any other action that we deem appropriate.
- Freshmes may change, suspend, or discontinue the availability of any Freshmes Platform at any time. In addition, Freshmes may impose limits on certain features and services or restrict your access to parts or all of the Freshmes APIs or the Freshmes website without notice or liability.
- If Freshmes elects to provide you with support or modifications for the Freshmes Platform, this support may be terminated at any time without notice to you.
- Freshmes reserves the right to charge fees for future use of or access to the Freshmes Platform.
- Freshmes doesn’t guarantee that the Freshmes Platform is free of inaccuracies, errors, bugs, or interruptions, or is reliable, accurate, complete, or otherwise valid.
- Licensed Uses and Restrictions: The Freshmes Platform is owned by Freshmes, Inc. and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis in accordance with these terms. Your license to the Freshmes Platform continues until it is terminated by either party. Please note that User Content is owned by users and not by Freshmes. All rights not expressly granted to you are reserved by Freshmes.
- You represent and warrant that you own or have secured all rights necessary to display, distribute and deliver all content in your app or website. To the extent your users are able to share content from your app or website on or through Freshmes, you represent and warrant that you own or have secured all necessary rights for them to do so in accordance with Freshmes’s available functionality.
- You represent and warrant that you satisfy all licensing, reporting, and payout obligations to third parties in connection with your app or website.
- You give us all rights necessary to enable your app to work with Freshmes, including the right to incorporate information you provide to us into other parts of Freshmes, and the right to attribute the source of information using your name and logos.
- You are responsible for restricting access to your content in accordance with all applicable laws and regulations, including geo-filtering or age-gating access where required.
- You grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any data, content, and other information made available by you or on your behalf in connection with your use of our Platform. This license survives even if you stop using the platform feature. You are responsible for obtaining the necessary rights from all applicable rights holders to grant this license. Any API made available by you or on your behalf in connection with the platform features is deemed part of your app.
- Disclaimer of Any Warranty: Freshmes Platform and all data derived through such Platform are provided “as is” with no warranty, express or implied, of any kind and Freshmes expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any Freshmes Platform and all any data derived through such Platform including, but not limited to, any damage to your computer system or loss of data.
- Limitation of Liability: Freshmes shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Freshmes Platform and any data derived through such Platform, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Freshmes has been advised of the possibility of such damages. Under no circumstances shall Freshmes be liable to you for any amount.
- Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Freshmes, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Freshmes Platform and data derived through such Platform. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
- Hold Harmless and Indemnify: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Freshmes and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Freshmes Platform and any data derived through the Platform, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Freshmes shall use good faith efforts to provide you with written notice of such claim, suit or action.
- Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Freshmes Platform Terms, you and Freshmes shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don’t have any authority to assume or create any obligation for or on behalf of Freshmes, express or implied, and you must not attempt to bind Freshmes to any contract.
- Invalidity of Specific Terms: If any provision of the Freshmes Platform Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
- No Waiver of Rights by Freshmes: Freshmes’s failure to exercise or enforce any right or provision of the Freshmes Platform Terms shall not constitute a waiver of such right or provision.
Freshmes Promotion Guidelines
- If you use Freshmes to communicate or administer a promotion (example: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
- The official rules;
- Offer terms and eligibility requirements (example: age and residency restrictions); and
- Compliance with applicable rules and regulations governing the promotion and all prizes offered (example: registration and obtaining necessary regulatory approvals)
- You must not inaccurately tag content or encourage users to inaccurately tag content (example: don’t encourage people to tag themselves in photos if they aren’t in the photo).
- Promotions on Freshmes must include the following:
- A complete release of Freshmes by each entrant or participant.
- Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Freshmes.
- We will not assist you in the administration of your promotion and cannot advise you on whether consent is required for use of user content or on how to obtain any necessary consent.
- You agree that if you use our service to administer your promotion, you do so at your own risk.