WELCOME TO FREAK SITES. We (Freak Sites, Inc.) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app (“App”), or any associated content/postings (“FS”), you agree to these Terms and Conditions (last updated February 22, 2023).
You acknowledge and agree FS is a private site owned and operated by Freak Sites, Inc. If you are accessing or using FS on behalf of a business, you represent and warrant to FS that you have authority to accept the Terms and Conditions on behalf of that business and that that business agrees to the Terms and Conditions. If you do not agree to the Terms and Conditions, you are not authorized to use FS or download the App. We may modify the Terms and Conditions at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use FS.
LICENSE. If you agree to the Terms and Conditions and (1) are of sufficient age and capacity to use FS and be bound by the Terms and Conditions, or (2) use FS on behalf of a business, thereby binding that business to the Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-assignable license to use FS in compliance with the Terms and Conditions; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from FS, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with FS, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect FS content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of FS’s policies or rules referenced above (“Prohibited Content”).
You agree not to abuse FS’s flagging or reporting processes. You agree not to collect FS user information or interfere with FS. You agree we may moderate FS access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available FS or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide FS, (iii) combine or integrate FS or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects FS or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use FS or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
LIQUIDATED DAMAGES. You further agree that if you violate the Terms and Conditions, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting FS users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of FS without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of FS – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $99 per violation; (E) posting or attempting to post Prohibited Content in any section of FS – the price per post applicable to that section of FS; (F) sending an unauthorized/unsolicited email to an email address obtained from FS – $25 per violation; (G) using FS user information to make/send an unauthorized/unsolicited text message, call, or communication to a FS user – $500 per text/call/communication; (H) creating a misleading or unlawful FS account or buying/selling a FS account – $99 per violation; (I) abusing or attempting to abuse CL’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting FS content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of FS in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $5 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES. When you make a paid posting (https://freaksites.com/how-it-works/), you authorize us to charge your account. Any required tax by specific locations is additional. Subscription fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY. To the full extent permitted by law, Freak Sites, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“FS Entities”) (1) make no promises, warranties, or representations as to FS, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide FS on an “AS IS” and “AS AVAILABLE” basis and any risk of using FS or any Freak Sites is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with FS and all Freak Sites. FS Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to FS, and in no event shall such liability exceed $99 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to FS (“Claims”) will be governed by the internal laws of New Mexico, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Rio Rancho, NM (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Rio Rancho, NM; (2) indemnify and hold FS Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third-party and relate to your use of FS; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS. Freak Sites, “FS” and our associated website logos are State trademarks.
MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the Terms and Conditions, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Our Affiliate Program Terms and Conditions are also incorporated into these Terms and Conditions.
Our actions or silence toward you or anyone else does not waive, modify, or limit the Terms and Conditions or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the Terms and Conditions, and you will remain bound by those sections. If a Terms and Condition term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the Terms and Conditions controls over any translations.
If you reasonably believe content infringes your IP rights, see https://freaksites.com/terms-and-conditions/dcma/