Conditions of Use

Last updated on: September 9, 2019

By creating a FreemiumMedia.com Account or by using any FreemiumMedia.com Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or "TOU"). FreemiumMedia.com is a subsidary of FreemiumMedia.com and as such you also agree to the terms and conditions as outline with FreemiumMedia.com.

Any usage of “we”, “us” and “FreemiumMedia.com” means the applicable FreemiumMedia.com Contracting Party. Any usage of "you", "users" or "visitors" means any entity not represented by FreemiumMedia.com or any subsidary of FreemiumMedia.com.

The services offered by us under the TOU include various products and services to help users sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by us are referred to in these TOU as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the TOU.

FreemiumMedia.com reserves the right to update and change the TOU by posting updates and changes to the FreemiumMedia.com website. You are advised to check the Terms of Use from time to time. We are not liable for any updates or changes that may impact you. If you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Use before you may sign up for an Account or use any Services.

By using FreemiumMedia.com or any FreemiumMedia.com services, you are agreeing to be legally bound to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. You must register for an account (“Account”) to access and use the Services. You must provide your full legal name, current address, phone number, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
  3. You acknowledge that we will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
  4. You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  6. A breach or violation of any term in the Terms of Use as determined in the sole discretion of FreemiumMedia.com may result in an immediate termination of your Services.

2.1 Store Owner/Business Account/Manufacturer/Vendor

  1. Subject to section 2.1(2), the contracting party (“Vendor”) is defined as the person signing up for the Service by opening an Account. The Vendor will be the person who is authorized to use any corresponding Account we may provide to the Vendor in connection with the Service.
  2. If you are signing up for the Services on behalf of your employer, your employer shall be the Vendor. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Use. We are not liable for any misrepresentation or loss.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Use and any other policies before you may become a User.

  1. The Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Michigan and the laws of United States applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use and is hereby expressly excluded.
  2. You acknowledge and agree that we may amend these Terms of Use at any time by posting the relevant amended and restated Terms of Use on our website, available at https://www.FreemiumMedia.com/conditions-of-use, and such amendments to the Terms are effective as of the date of posting. Your continued use of the Services after the amended Terms of Use are posted constitutes your agreement to, and acceptance of, the amended Terms of Use. If you do not agree to any changes to the Terms of Use, do not continue to use the Service.
  3. You may not use the our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States and the state of Michigan. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Use.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by FreemiumMedia.com.
  5. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use our trademarks and/or variations and misspellings thereof.
  6. Questions about the Terms of Use should be sent to [email protected]
  7. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  8. The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You acknowledge all liability from any communications made to customers.
  9. The terms of use are transferable and any transferred representative of the Vendor shall be held liable for the Terms of Use.
  10. If any provision, or portion of the provision, in these Terms of Use is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Use, and the Terms of Use will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Use.
  11. The Terms of Use do not expire.

4. FreemiumMedia.com Rights

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate any laws or these Terms of Use.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any FreemiumMedia.com customer, employee, member, or officer will result in immediate Account termination.
  5. FreemiumMedia.com does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store. We are not liable for any Materials in the possession or transference of a Vendor.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that our employees and contractors may also be FreemiumMedia.com customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, FreemiumMedia.com reserves the right to temporarily disable or delete an Account until resolution has been determined between the disputing parties.

6. Limitation of Liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, FreemiumMedia.com and all subsidaries of FreemiumMedia.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
  2. To the extent permitted by applicable laws, in no event shall FreemiumMedia.com or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Use (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, FreemiumMedia.com partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or any other policies or your violation of any law or the rights of a third party.
  3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. FreemiumMedia.com does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  5. FreemiumMedia.com does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  6. FreemiumMedia.com does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

7. Waiver and Complete Agreement

The failure of FreemiumMedia.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use, including the documents it incorporates by reference, constitute the entire agreement between you and FreemiumMedia.com and govern your use of the Services and your Account, superseding any prior agreements between you and FreemiumMedia.com (including, but not limited to, any prior versions of the Terms of Use).

8. Intellectual Property and Customer Content

  1. You retain ownership over all Materials that you upload to FreemiumMedia.com; however, by uploading or creating content, you agree to allow others to view Materials that you post publicly. You are responsible for compliance of the Materials with any applicable laws or regulations.
  2. FreemiumMedia.com shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

We are not responsible for lost or stolen goods and will not be held liable for providers used to ship any products.

  1. Failure to pay fees shall result in termination of Services.
  2. FreemiumMedia.com does not provide refunds.
  1. You may cancel or terminate your Account at any time by contacting [email protected].
  2. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  3. Fraud: Without limiting any other remedies, we may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

12. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change without notice.
  2. We reserve the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
  3. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

13. Feedback and Reviews

We are not liable for any feedback. We reserve the right to delete or edit any feedback. Suggestions or ideas on product changes can be used and are not applicable to any compensation.

14. DMCA Notice and Takedown Procedure

FreemiumMedia.com supports the DMCA Notice and Takedown Procedure. Send notices to [email protected].

15. Privacy & Data Protection

We are not responsible and will not be liable for the loss data. We are firmly committed to protecting the privacy of your personal information and the personal information of your customers.

FreemiumMedia.com
1787 W. Big Beaver, Suite 260
Troy, MI 48084
USA