Terms of Service
We at Dave A Voelker Enterprises Corp. provide a communications, publishing, file shareing and collaboration platform called FreeToBe.Social and would love for you use it to connect with others on our server as well as others around the world running compatible software. FreeToBe.social's basic service is free, and we offer paid plans for advanced features such as a custom domain name, extra storage, the ability to create a shopping cart, create email list, and many other premium features. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish and be aware of the privacy settings you assigned to your published material. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) are stored or published through our service. If you find material on FreeToBe.Social that you believe violates these Terms of Service, please report it to us.
(We've made the below Terms of Service available under a Creative Commons Sharealike license, which means you're more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you.)
Terms of Service:
We refer to Dave A Voelker Enterprises Corp. - FreeToBe.Social collectively as “FreeToBe.Social”, "DAVE Corp," “we”, or "us" throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by FreeToBe.Social, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a FreeToBe.Social account. You agree to provide us with complete and accurate information which may be marked as "required" when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your FreeToBe.Social Account and associated channels. If you create an account on FreeToBe.Social, you are responsible for maintaining the security of your account all associated channels, and you are fully responsible for all activities that occur under the account, its associated channels and any other actions taken in connection with your account. You must immediately notify us of any unauthorized uses of your your account, your channel(s) or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you upload data, operate a blog, comment on posted items, edit or post material or links to a page, channel, forum, or other application on FreeToBe.Social, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using FreeToBe.Social, you represent and warrant that your Content and conduct do not violate these Terms or our User Guidelines. By submitting Content to FreeToBe.Social for transmission through or storage on the service, you grant to us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, and distributing, your content. If you delete Content from our server, we will use reasonable efforts to remove it from our services and direct servers to which it was distributed to do the same. You acknowledge, however, that the deleted content may not be made immediately unavailable and it may not be immediately purged from the backups of our services or third party services to which you have directed us to send copies. Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or or channel name due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any our policy or is in any way harmful, objectionable, or as required by law or (iii) terminate or deny access to and use of FreeToBe.Social to any individual or entity for any reason. In such cases, we will have no obligation to provide a refund of any amounts previously paid.
- HTTPS. We offer free HTTPS on on many of our services by default, including those using custom domains, usually via Let’s Encrypt. By signing up and using a custom domain on FreeToBe.Social, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of protecting your data via HTTPS.
There are certain features offered on FreeToBe.Social that enable you to sell items (goods, content, services, etc.) on your website or through your channel(s) ("Ecommerce Features").
- **Prohibited Uses. You may not use Ecommerce Features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Features if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
- Tax Calculations. You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Features allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. We make our best efforts to keep our content and documents up-to-date, but because the tax law changes rapidly, we cannot guarantee that all the services are completely current. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.**
3. Responsibility of Visitors.
FreeToBe.Social has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, we in no way represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FreeToBe.Social/DAVE Corp. expressly disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
4. Fees, Payment, and Renewal.
- Fees. Some of our Services are offered for a fee or may be offered for free with optional paid upgrades. By using a Paid Service, you agree to pay the specified fees. If you subscribe to a recurring service, we will bill or charge you for the service in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
- Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, you may be offered the option to have your services automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase an annual plan, you will be charged each year.
- Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
- Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FreeToBe.Social links, and that link to FreeToBe.Social. We do not have any control over those non-FreeToBe.Social websites, and are not responsible for their contents or their use. By linking to a non-FreeToBe.Social website, DAVE Corp. does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We specifically disclaim any responsibility for any harm resulting from your use of non-FreeToBe.Social websites and webpages.
6. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by FreeToBe.Social.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your FreeToBe.Social account or channel and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or channel.
7. Copyright Infringement and DMCA Policy.
As FreeToBe.Social/DAVE Corp. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on our servers violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act ("DMCA") Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We may terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of us or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
8. Intellectual Property.
This Agreement does not transfer from us to you any of our intellectual property or any intellectual property belonging to a third party. All right, title, and interest in and to such property will remain (as between the parties) solely with us. Your use of our Services grants you no right or license to reproduce or otherwise use any of our trademarks, service marks or other intellectual property or any trademarks, service marks or intellectual property of any third-party.
9. Domain Names.
We work with third party registrars in order to provide our users with domain name services. When you register or renew a domain name on our service, or when you transfer an existing domain name to to us, you become bound by the relevant registrar’s terms and conditions which you will be required to accept before registering or transfering the domain name.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreementand about domain name registration generally.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account with us (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties.
Our Services are provided "as is." We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FreeToBe.Social/DAVE Corp. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
13. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bay County, Michigan.
14. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
15. Limitation of Liability.
In no event will FreeToBe.Social/Dave A Voelker Enterprises Corp., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this Agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
17. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Dave A Voelker Enterprises Corp. its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between DAVE Corp and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DAVE Corp, or by the posting by DAVE Corp of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
2019-07-08 - Original publication - edited from a template provided by (Auttomatic, Inc.)[https://github.com/Automattic/legalmattic]