INTRODUCTION These Terms of Use were last updated on: 25 May 2018. Free-stuf-f.com GmbH, a German limited liability company (together with any affiliates, “we“, “us“, “our” and the “Company“) owns and operates one or more websites, mobile apps, and interactive services, under the brand Free-Stuf-f.com.com or associated brands (collectively, the “Free-stuf-f.com Site“). Our registered company number in Germany is S 553/2015, and our registered office is at Paul-Linke-Ufer 41 10999 Berlin. Our VAT registration number is DE302403805. These Terms of Use (“Terms“) apply to the Free-stuf-f.com Site and to all of the features, mobile applications, emails, online services and other functionalities (collectively, the “Features“) available via or related to the Free-stuf-f.com Site, whether accessed via a computer, mobile device, or otherwise (collectively, the “Free-stuf-f.com Site and Features“). These Terms of Use may also apply to future websites, mobile apps, and interactive services operated by the Company, whether or not associated with the Free-stuf-f.com brand. These Terms are a legal agreement between you and the Company. By using any of the Free-stuf-f.com Site and Features or our Services (defined below), and/or clicking to “Accept” or otherwise agreeing to these Terms where that option is made available to you, you agree to be bound by these Terms as well as our Privacy Policy (www.prodege.com/privacy). If you do not agree to these Terms or our Privacy Policy, please do not register with or use any Free-stuf-f.com Site or Features or our Services. We may post additional terms, official rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or through the Free-stuf-f.com Site and Features (“Additional Terms“), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features. In the event of any conflict between the terms of the Additional Terms (on the one hand) and these Terms (on the other hand), these Terms shall prevail unless expressly otherwise stated in the Additional Terms, which are intended to supplement, but not replace, these Terms. Please don’t hesitate to contact us with any questions regarding these Terms or any Additional Terms. You can reach us by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of the Free-stuf-f.com Site or Features.
Use of the site and features of Free-stuf-f.com
You agree to use the Free-stuf-f.com Site and Features and the services available on or through the Free-stuf-f.com Site and Features (the “Services“) only for purposes that are permitted by these Terms, any Additional Terms, and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. Subject to all of the provisions of these Terms, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Free-stuf-f.com Site and Features and our Services solely as provided herein. You may download material displayed on the Free-stuf-f.com Site and Features for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Free-stuf-f.com Site and Features, including any text, images, audio, and video, for public or commercial purposes without the Company’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Free-stuf-f.com Site and Features and our Services is not transferable. You acquire no rights or licenses in or to the Free-stuf-f.com Site and Features and materials contained therein other than the limited right to access and utilise the Free-stuf-f.com Site and Features and our Services in accordance with these Terms. If you are accessing the Free-stuf-f.com Site and Features via any of our applications available via third parties (collectively “Third Party Outlets“) including, without limitation, Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms are entered into by and between you and the Company only, and that none of the Third Party Outlets are party to these Terms. The Third Party Outlets are not sponsors to, nor in any way affiliated with, any of the Company’s Promotions (defined below), nor any of our Services or the Free-stuf-f.com Site and Features.
Sweepstakes, contests and promotions
Any sweepstakes, contests or promotions (collectively, “Promotions“) that may be offered via the Free-stuf-f.com Site and Features or our Services may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your responsibility to read all Additional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you will be subject to the Additional Terms and you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) thereof. The Third Party Outlets are in no way associated with the Promotions.
Intellectual Property
You acknowledge that the Free-stuf-f.com Site and Features have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce these intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks“) displayed on the Free-stuf-f.com Site and Features are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Free-stuf-f.com Site and Features are also protected as a collective work or compilation under applicable copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Free-stuf-f.com Site and Features or our Services for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Free-stuf-f.com Site and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
Communication channels
The Free-stuf-f.com Site and Features and our Services may include communication channels such as forums, communities, or chat areas (“Communication Channels“) designed to enable you to communicate with other Services users. The Company has no obligation to monitor these Communication Channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole and absolute discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. The Company will not under any circumstances be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
You agree that your use of the Free-stuf-f.com Site and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, the Company makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the Free-stuf-f.com Site and Features or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (i) errors, mistakes, or content inaccuracies, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Free-stuf-f.com Site and Features or our Services (other than as caused solely by our negligence), (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our Free-stuf-f.com Site and Features or our Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Free-stuf-f.com Site and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority. To the maximum extent permitted by applicable law, in no event will the Company, or its affiliates, partners, employees, and agents, be liable to you or any third person for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. You agree hold the Company, and each of its affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with (i) your use of and access to the Free-stuf-f.com Site and Features or our Services in breach of these Terms; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of the Free-stuf-f.com Site and Features or our Services; and/or (v) any content you post or share on or through the Service. You agree that the Company will not be liable for, or be required to provide any compensation to you with respect to, the termination of any Rewards Program or any associated Account(s), including without limitation any points, Rewards, prizes, or credits in your Account(s) or otherwise existing in your favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals. You agree that we are not responsible for the loss or impairment of any points, Rewards, prizes, or credits, regardless of monetary value, in the event there is any: change in the value of each point (as determined in Company’s sole and absolute discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for us to determine the points balance or value of any Account(s). All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under our Rewards Programs or other Services are excluded to the fullest extent permitted by applicable law. Any liability the Company may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the goods or services (or equivalent goods or services) or repairing or paying the cost of repairing the goods or re-performing the services, at the Company’s sole option. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of the Free-stuf-f.com Site and Features and our Services, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (ii) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (ii) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (iv) the provision of our Services to you is, in our opinion, no longer commercially viable.
