TERMS OF USE AND CONDITIONS - FREECKER.COM  
 


The Terms of Use and Conditions contained in the document below apply to use the services provided by FREECKER.COM, Cleverson S. Pires FREECKER.COM now nominated, including services for ad products and services. Any person or entity, now nominated Publisher wishing to use the services of FREECKER.COM should accept the Terms and Conditions, and all other policies and principles that govern it.

It is essential to acceptance of the terms and conditions FREECKER.COM and also essential for the use of the site listing the products and services.

The advertiser should read, make sure you have understood and accept all conditions set forth in the Terms and Conditions and Privacy Policy, and the other documents incorporated by reference to them before your registration as Publisher of FREECKER.COM.

01 - ACCEPTANCE

FREECKER.COM provides a collection of online resources which include classified ads, forums, and various email services, (the "Service") subject to the Terms of Use (the "Terms"). By using the Service, you agree to comply with these Terms. Additionally, when using particular FREECKER.COM services, you agree to conform to any applicable posted guidelines for all FREECKER.COM services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with FREECKER.COM in any way, your only choice is to immediately discontinue use of FREECKER.COM. These Terms may be updated by FREECKER.COM at any time. You understand and agree that you are solely responsible for reviewing these Terms from time to time. FREECKER.COM will provide notice of significant changes to the Terms by posting a notice on the FREECKER.COM website.

02 - ABILITY TO SUBSCRIBE

FREECKER.COM's services are available only to people who have legal capacity to hire them. People who do not have that capacity, including minors, or who have been disabled in FREECKER.COM, temporarily or permanently, they can not use them.

Corporations may subscribe through their legal representative, using the company data for purposes of registration.

03 - REGISTER

Fill all fields of the register is a prerequisite for the use of services as FREECKER.COM advertiser. The future Advertiser shall supplement it with accurate information, accurate and true, and undertakes to update the registration information when any changes occur in them. The FREECKER.COM right reserves to use all appropriate means possible and to identify their advertisers.

FREECKER.COM not responsible for personal data entered by its advertisers. Advertisers must ensure and respond, in any case for the truthfulness, accuracy and authenticity of the personal data registered.

The FREECKER.COM right reserves to ask for additional information and documents it considers to be relevant in order to make informed personal data, as well as disable, temporarily or permanently, the advertiser who presents any untrue information or the FREECKER.COM is unable to contact for verification of data. By canceling the registration of the advertiser, will automatically be canceled products and / or offers run by him, not watching the advertiser, therefore, any sort of compensation or damages.

The advertiser will access your account via a login and password and agrees not to report to third parties your information, undertaking the full use of your account. The advertiser agrees to immediately notify the FREECKER.COM, through a secure way, any unauthorized use of your account, as well as unauthorized access by third parties to it.

Will be eliminated LOGIN considered offensive. The FREECKER.COM right reserves to refuse any request for registration and to cancel a registration previously accepted, in its sole discretion.

The advertiser agrees that the FREECKER.COM, in its sole discretion, may terminate your password, account or any part thereof or use of the service and remove and discard any Content, including, without limitation, for lack of use or if the FREECKER.COM believe that the advertiser is in violation or acted inconsistently with the letter and spirit of the Terms of Use The advertiser agrees that the termination of your access to the service, for any reason in this Terms of Use of the Service, may occur without prior notice and acknowledge and agree that FREECKER.COM may deactivate or delete your account and all information and data in this account and / or block access to such files or the service.

The FREECKER.COM is authorized to provide all the details of the advertiser registered in FREECKER.COM, including IP access, right after duly verified complaints made by third parties or any agency or institution who feel harmed or injured by advertisers and reserves the right to an explanation with his retraction and / or compensation from the advertiser by the informer, for subsequent re-registration and posting.

04 - CONTENT POLICY

A. You understand that FREECKER.COM does not control, and is not responsible for ads, messages, comments, files, images, photos, video, sounds, or any other material ("Content") made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the FREECKER.COM site and Content available through the website may contain links to other websites, which are completely unrelated to FREECKER.COM. FREECKER.COM makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is completely at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FREECKER.COM be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service You acknowledge that FREECKER.COM does not pre-screen or approve Content, but that FREECKER.COM will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.

B. You shall be solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with Content posted on, transmitted through, or linked from the Service by you, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize FREECKER.COM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the website and these Terms. For clarity, you retain all of your ownership rights in your Content. However, by submitting the Content to FREECKER.COM, you hereby grant FREECKER.COM a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the FREECKER.COM website and FREECKER.COM's (and its successors') business, including without limitation for promoting and redistributing part or all of the FREECKER.COM website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the FREECKER.COM website a non-exclusive license to access your Content through the website. The foregoing license granted by you terminates once you remove or delete Content from the FREECKER.COM website.

C. FREECKER.COM does not endorse any Content or any opinion, recommendation, or advice expressed therein, and FREECKER.COM expressly disclaims any and all liability in connection with user Content. FREECKER.COM does not permit copyright infringing activities and infringement of intellectual property rights on its website, and FREECKER.COM will remove all Content if properly notified that such Content infringes on another's intellectual property rights. FREECKER.COM reserves the right to remove Content without prior notice. FREECKER.COM will also terminate a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice. FREECKER.COM reserves the right to decide whether Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. FREECKER.COM may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

05 - CONDUCT

You agree not to post, email, or otherwise make available Content:

-that violates any law;
-that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FREECKER.COM all of the license rights granted herein;
-that is harmful, unlawful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
-that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
-that impersonates any person or entity, including, but not limited to, an FREECKER.COM employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
-that includes personal or identifying information about another person without that person's explicit consent;
-that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
-that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
-that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the FREECKER.COM sites which are not designated for such purposes; or (2) emailed to FREECKER.COM users who have requested not to be contacted about other services, products or commercial interests;
-that includes links to commercial services or web sites, except as specifically allowed by FREECKER.COM;
-that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by New York law;
-that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
-that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
-that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:

-contact anyone who has asked not to be contacted;
-"stalk" or otherwise harass anyone;
-collect personal data about other users for commercial or unlawful purposes;
-use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
-post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
-post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
-attempt to gain unauthorized access to FREECKER.COM's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the FREECKER.COM website.

06 - NOTIFICATION OF CLAIMS OF INFRINGEMENTS

If you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit FREECKER.COM to locate the material; Information reasonably sufficient to permit FREECKER.COM to contact you, such as an address, telephone number, and, if available, an electronic mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

07 - PRIVACY POLICY AND INFORMATION DISCLOSURE

By using this website you acknowledge and agree that FREECKER.COM may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (for example phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of FREECKER.COM, its users or the general public.

08 - INTELLECTUAL PROPERTY RIGHTS

The materials on the FREECKER.COM website, except all user Content (as defined above), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FREECKER.COM, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FREECKER.COM reserves all rights not expressly granted in and to the website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of user Content of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the FREECKER.COM website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the FREECKER.COM website or the Materials therein.

09 - USER SUBMISSIONS

You understand that when using the FREECKER.COM website, you will be exposed to Content from a variety of sources, and that FREECKER.COM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FREECKER.COM with respect thereto.

10 - INDEMNITY

You agree to defend, indemnify and hold harmless FREECKER.COM, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the FREECKER.COM website; (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 (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the FREECKER.COM website.

11 - NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to FREECKER.COM email addresses or through FREECKER.COM computer systems is expressly prohibited by these Terms. Any unauthorized use of FREECKER.COM computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

12 - DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

FREECKER.COM shall not be liable for your interactions with any organizations and/or individuals found on the website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that FREECKER.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FREECKER.COM is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FREECKER.COM, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

13 - LIMITATION AND TERMINATION OF SERVICE

You acknowledge that FREECKER.COM may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that FREECKER.COM has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that FREECKER.COM reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FREECKER.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that FREECKER.COM, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FREECKER.COM believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that FREECKER.COM shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

14 - PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work is prohibited. Copying or reproducing the website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. FREECKER.COM is a mark registered in the U.S. Patent and Trademark Office. Although FREECKER.COM does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to FREECKER.COM an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. We need these rights in order to host and display your content

15 - DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE FREECKER.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FREECKER.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FREECKER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FREECKER.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY 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 FREECKER.COM WEBSITE. FREECKER.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FREECKER.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FREECKER.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

16 - LIMITATIONS OF LIABILITY

N NO EVENT SHALL FREECKER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FREECKER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FREECKER.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FREECKER.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE FREECKER.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FREECKER.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FREECKER.COM SITE OR THE SERVICE OR ANY LINKS ON THE FREECKER.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FREECKER.COM SITE OR THE SERVICE OR ANY LINKS ON THE FREECKER.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT FREECKER.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The FREECKER.COM website is controlled and offered by FREECKER.COM from its facilities in the United States of America. FREECKER.COM makes no representations that the FREECKER.COM Website is appropriate or available for use in other locations. Those who access or use the FREECKER.COM Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


17 - ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FREECKER.COM without restriction.

18 - ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the FREECKER.COM website is not intended for children under 13. If you are under 13 years of age, then please do not use the FREECKER.COM website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

19 - GENERAL INFORMATION

These Terms and the other policies posted on FREECKER.COM constitute the complete and exclusive understanding and agreement between you and FREECKER.COM and govern your use of the Service superceding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and FREECKER.COM shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and FREECKER.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. The failure of FREECKER.COM to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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 the other provisions of the Terms remain in full force and effect. YOU AND FREECKER.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FREECKER.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

20 - VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms, by flagging the posting(s) for review using the Contact Us link at the bottom of the FREECKER.COM home page, or by emailing to legal@freecker.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay FREECKER.COM liquidated damages as follows:

b. If FREECKER.COM establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay FREECKER.COM one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access FREECKER.COM in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to FREECKER.COM email addresses or through FREECKER.COM computer systems, you agree to pay FREECKER.COM twenty five dollars ($25) for each such email.

d. If you post messages in violation of these Terms, other than as described above, you agree to pay FREECKER.COM one hundred dollars ($100) for each such message. In its sole discretion, FREECKER.COM may elect to issue a warning before assessing damages.

Otherwise, you agree to pay FREECKER.COM's actual damages, to the extent such actual damages can be reasonably calculated.

21 - Third Party Target Advertising Companies

We use third-party advertising companies to serve ads when you visit our Website. These companies use information (not including your name, address, email address, or telephone number) about your visits to our Website and other websites in order to provide advertisements about goods and services of interest to you. On this Website, Google, as a third party vendor, uses cookies to serve ads. Google's use of the DART cookie enables it to serve ads to this Website's users based on their visit to this Website and other websites on the Internet. For more information on the DART cookie see: http://www.doubleclick.com/privacy/faq.aspx. Users may opt out of the use of the DART cookie by Google by visiting the Google Ad and Content Network Privacy Policy at: http://www.google.com/privacy_ads.html. Users may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/.

By publishing an ad in FREECKER.COM, the user understand and agrees that the ads and content are public and accesible by any third party and that they may appear in results of search engines (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and other web sites by cobranding agreements and that it is the sole responsability of each of those search engines, web sites or RSS web feed resources to maintain updated their indexes and their cache and to remove content or ads from their indexes and their cache being impossible for FREECKER.COM to influence or correct such ads or contents. FREECKER.COM shall not be liable for the information published in the result of the searchs or by any other web site that have include in their servers the ads or contents of the user of FREECKER.COM.