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Terms of Service

TERMS OF SERVICE  

FreeBeneanth welcomes you.  FreeBeneanth (“FB”) provides the FB service (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. Your use of FB’s services and web site (referred to collectively as the “Services”) is subject to the terms of a legal Agreement between you and FB. FB is owned and operated by DKK Design LLC (hereafter DKK Design LLC will be known as “we”, “our”, “us ") whose principal place of business is at 815 La Mirada St., Laguna Beach, CA 92651, United States.  This document explains how the Agreement is made up, and sets out the terms of that Agreement.

Unless otherwise agreed in writing with FB, your Agreement with FB will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms of Service”.

Your Agreement with FB will also include the terms of any Legal Notices applicable to the Services, in addition to the Terms and Service.  All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

The Terms of Service, together with the Additional Terms, forms a legally binding Agreement between you and FB in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal Agreement is referred to below as the “Terms”.  If there is any contradiction between what the Additional Terms say and what the Terms of Service say, then the Additional Terms shall take precedence in relation to that Service.

All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.  

REGISTRATION OBLIGATIONS

Service Provider may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You consent and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Website. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available.

If you provide any information that is untrue, inaccurate, not current or incomplete, FB has reasonable grounds to suspend or terminate your account and refuse any and all current or future use of the FB Services.

If you are under 13 years of age: In compliance with the Children's Online Privacy Protection Rule, 16 C.F.R. § 312.2, FB, LLC does not accept membership registrations from users under thirteen (13) years of age.  FB, LLC does not knowingly collect personally identifiable information from users under the age of thirteen (13).  Such users are expressly prohibited from submitting their personally identifiable information to FB, LLC or its affiliates, and from using any and all portions of the FB Website for which registration is required, such as our forums areas; any information submitted by such users will not knowingly be used, posted, or retained by FB, LLC or its affiliates.

If you are at least 13 years of age but not yet 18 years of age: Please have your parents or legal guardian review these TOS with you, discuss any questions you might have, and give you their permission to register and use the Services with both your and their full understanding of these TOS.  By using the Services, you are telling us that you and your parent or guardian has joined in this agreement.  Children's Online Privacy Protection Rule, 16 C.F.R. § 312.5

FREEBENEANTH.COM PRIVACY POLICY

You understand that through your use of the FB Services you consent to the collection and use (as set forth in the applicable Privacy Policy) of this information, to be used by FB and its affiliates or other countries.

For more information, see the full FB Privacy Policy.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password upon completing the FB Service's registration process. You are responsible for the confidentiality of the password and for all activities that occur under your password and/or account. It is your responsibility to notify FB of any unauthorized use of your password or account or any other breach of security, and you mush exit from your account at the end of each session. FB cannot and will not be liable for any loss or damage arising from your failure to comply with the TOS.  

MEMBER CONDUCT

Person placing any and all (“Content information”), including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, whether publicly posted or privately transmitted, are responsible for such Content information.   As such, you are responsible for all Content that you upload, post, email, transmit or otherwise make available via the FB Services.  FB does not administer the Content posted via the FB Services and will not be liable for accuracy or quality of such Content information. By using the FB Services, you may be exposed to Content that is offensive, indecent or objectionable. FB not will be liable in any way for any and all Content that you may find offensive, indecent or objectionable.

You agree to not use the FB Services to:

A.    Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

B.    harm minors in any way;

C.    impersonate any person or entity;

D.    upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

E.    engage in any illegal activities

F.    any and all material 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 are PROHIBITED

G.    disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the FB Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

H.    interfere with or disrupt the FB Services or servers or networks connected to the FB Services, or disobey any requirements, procedures, policies or regulations of networks connected to the FB Services, including using any device, software or routine to bypass our robot exclusion headers; reverse engineer or interfere with the FB or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the FB;

I.    intentionally or unintentionally violate any applicable local, state, federal or international law;

J.    the copying reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other uses or changes by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, are PROHIBITED.  

FB may pre-screen Content and in their sole discretion to pre-screen, refuse, or remove any Content that violates the TOS or is otherwise objectionable.

If required by law FB may access and disclose your account information and Content if in a good faith belief that such access reasonably necessary to protect the rights, property or personal safety of FB, its users and the public.

COMMUNICATIONS ON FREEBENEANTH NETWORK  

FB Services send electronic communications through FB’s computer networks, and computer networks may be located in various locations throughout the United States and abroad. Communications that may seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

CONTENT ON FREEBENEANTH SERVICES

You own the Content submitted or make available for inclusion on the FB Services.  The Content submitted for inclusion on publicly accessible areas of the FB Services, you grant FB the following worldwide, royalty-free and non-exclusive license(s).  FB may license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the FB Services solely for the purposes of providing and promoting the specific FB to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the FB Services and will terminate at the time you remove or FB removes such Content from the FB Services.  "Publicly accessible" areas of the FB Services are those areas of the FB network of properties that are intended by FB to be available to the general public.

FB disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on FB Services.

REDISTRIBUTION FOR COMMERICAL PURPOSES

FB Services and the Content information provided to you cannot be duplicated, copied or soled commercial purposes.  

LINKS TO THIRD PARTIES RESOURCES

The Website may contain links to third party websites that are not owned or controlled by FB.  FB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.  Any losses or damages occurring from linking to third parties resources are at your own risk.  

SITE TRANSCATION

We reserve the right to refuse any order you place with us. We may, in sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  

COLOR OF CLOTHING

We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.

NO SPAM

You may not use FB or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use FB to violate the terms of this section. We may terminate your access or use of FB immediately and take any other legal action if you, or anyone using your access to FB, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

INDEMNITY

You agree to indemnify and hold FB and its Service Provider including subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the FB Services, your use of the FB Services, your connection to the FB Services, your violation of the TOS, or your violation of any rights of another.

MODIFICATIONS TO FB SERVICES AND SOFTWARE

Clash reserves the right to modify or discontinue, temporarily or permanently, the FB Services (or any part thereof) with or without notice. You agree that FB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the FB Services (or any part thereof).

DISCLAIMER OF WARRANTIES

FB SERVICES ARE AT YOUR SOLE RISK. THE FB SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE FB SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.

FB EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FB DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FB SERVICES. FB DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FB SERVICES. FB DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FB SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FB SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE FB SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FB SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

TRADEMARK INFORMATION

FB’s trademarks, trade names, service marks and other FB logos and brand features, and service names are trademarks and the property of FB, LLC.  No use of FB trademarks are allowed without prior permission.  

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FB’s Copyright Agent the following information:

A.    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

B.    a description of the copyrighted work or other intellectual property that you claim has been infringed;

C.    a description of where the material that you claim is infringing is located on the site;

D.    your address, telephone number, and email address;

E.    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

F.    a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

FB Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

DKK Design LLC

c/o FreeBeneanth.com

815 La Mirada St.

Laguna Beach, CA 92651

By email: WE DO NOT ACCEPT EMAILS

GENERAL INFORMATION

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These TOS constitute the entire Agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

TERMINATION

Your right to use FB automatically terminates if you violate any or all TOS or any rules or guidelines posted in connection with FB.  We also reserve the right, in our sole discretion, to terminate your access to all or part of FB, for any reason, with or without notice.

Lastly, in reviewing this Agreement, please read our Privacy Policy. Your use of the Website constitutes Agreementto its terms and conditions as well.

Date of Last Revision: June 28, 2010

© DKK Design, LLC

2010

All Rights Reserved

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