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This agreement represents the complete agreement and understanding between FreeAuctionDesigns.com and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via FreeAuctionDesigns.com services, FreeAuctionDesigns.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
If you do not agree to these terms and conditions, please notify via email so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.
1. FreeAuctionDesigns.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. FreeAuctionDesigns.com also disclaims any warranty of merchantability or fitness for a particular purpose. FreeAuctionDesigns.com will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by FreeAuctionDesigns.com may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. FreeAuctionDesigns.com reserves the right to remove any and all materials which infringe on copyright work.
3. Customer agrees to defend, hold harmless and expeditiously indemnify FreeAuctionDesigns.com from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
4. FreeAuctionDesigns.com reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis.
5. Setup fees, if any, are not refundable.
6. Additionally, CUSTOMER agrees not to utilize the FreeAuctionDesigns.com service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message.
7. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
8. FreeAuctionDesigns.com requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. FreeAuctionDesigns.com cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
9. Customer shall ensure that its use of FreeAuctionDesigns.com's network services shall not disrupt FreeAuctionDesigns.com, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, FreeAuctionDesigns.com reserves the right to place limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any FreeAuctionDesigns.com user or to any directly or indirectly attached network. Use of FreeAuctionDesigns.com's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by FreeAuctionDesigns.com shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of FreeAuctionDesigns.com's service, FreeAuctionDesigns.com's equipment or any site hosted on any FreeAuctionDesigns.com network.
10. Customer warrants that any material submitted for publication on FreeAuctionDesigns.com does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. FreeAuctionDesigns.com reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
11. If FreeAuctionDesigns.com becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, FreeAuctionDesigns.com, at its discretion, may, at any time deny access to the challenged material of Customer.
12. FreeAuctionDesigns.com will not host any illegal content.
13. To comply with the terms and conditions of all agreements you have with third parties, including but not limited to eBay
14. Only one free account allowed per 3rd party market service account such as eBay, etc. However, you may use as many 3rd party market service accounts (multiple eBay accounts) on the one free account as desired. Only one free account per household.
15. By using the Services and the FreeAuctionDesigns website, you agree that FreeAuctionDesigns has the right to access, monitor, remove, modify, or disable access to any or all of you materials at any time at the sole discretion of FreeAuctionDesigns. FreeAuctionDesigns cannot and does not assure that other users will comply with the foregoing User Conduct rules or any other provisions of this Agreement, and, as between you and FreeAuctionDesigns, you assume all risk of harm or injury resulting from any such lack of compliance.
16. Excessive Usage. Excessive users (Excessive Users) will be charged additional fees for FreeAuctionDesigns services without notice. FreeAuctionDesigns may deem an user an Excessive User in the event that FreeAuctionDesigns determines, in its sole and absolute discretion, that such user is scheduling or listing to eBay items beyond the scope charged by FreeAuctionDesigns pursuant to FreeAuctionDesigns's price / resource ratio. Examples of an Excessive User include, but are not limited to, a user that has:
a. One calendar day where 4,000 or more eBay items are scheduled and/or listed to eBay or
b. One calendar month where 50,000 or more eBay items are scheduled and/or listed to eBay; 50,000 or more items that are saved as saved listings.
c. One calendar month where there are over 5,000 images hosted in a users account
User Terms If you should provide us with your email address, for any reason, including but not limited to site registration, you agree to allow us to send occasional emails to you regarding updates, products, and FreeAuctionDesigns promotions. You can stop these emails at any time by clicking an unsubscribe link in any of the emails sent, or by editing your user settings. We will never share your email address with 3rd parties for any reason.
Copyright and Use Privilage
You may NOT sell any items listed on FreeAuctionDesigns.com in anyway.
FreeAuctionDesigns.com retain the copyrights for content listed on the site. You may not share, sell or copy any of our images or html formats. This includes, but is not limited to our HTML coding, scripts, submitted items, music files and fonts.
ALL copyright information MUST remain on all html formats and images. All items have a visible and legible link or copyright back to this site. DO NOT REMOVE! ALL links and copyrights MUST remain as it appears on all items.
All items may be used as many times and for as long as you want. Unlimited Use!
Items are to be used for what they are listed as.
310x90 eBay store logos should be used as eBay store logos. Auction / listing templates should be used as auction / listing templates.
License use does not entitle you the user to redistribute. You may not redistribute any items from the site FreeAuctionDesigns.com
We allow submitted items. Submitted items are © copyrighted to their respective owner. Some images, photos, animations, fonts, music files and graphics appearing on this site are the property of their respective owners.
If u wish to modify any of our items listed on our website.
If u wish to use any of our designs for website designs.
If u question your content is inappropriate.
If u question any submitted item copyrights.
If u think think someone is selling any of our items for profited. This includes stealing our html.
Copyright Infringement To report alleged copyright violations in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov). However, if you materially misrepresent a claim of copyright infringement you may be held liable for damages (including costs and attorney fees) We require the following information in order to respond to your request: Describe in detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work is the code that appears on http://www.example.com/thecode.html") including relevant URLs that will help us to identify the content. Include the following statement "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." Include the following statement "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Your address, telephone number, and email address Sign the notification (Type your full name to sign it electronically if submitted via email). Send the notification to us via our contact form.
Passwords & Security You will at all times maintain the confidentiality of your user names and passwords. In the event there is a breach of security through your account, you must immediately change your password. You agree to waive all claims against FreeAuctionDesigns in the event the security of your account is compromised. Further, you agree to indemnify, defend, and hold FreeAuctionDesigns harmless in the event FreeAuctionDesigns incurs damages to its intellectual property or other financial damages due to a breach of confidentiality.
Limitation of Liability Under no circumstances, including but not limited to negligence, will FreeAuctionDesigns be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special or consequential damages including lost profits, personal injury (including death), loss of materials, loss of content, loss of files, loss of goodwill, costs of procurement of substitute goods and services, and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the FreeAuctionDesigns website or content, or (b) the conduct or actions, whether online or offline, of any user of the FreeAuctionDesigns website or any other person or entity, even if we have been advised of the possibility of such damages. In the event FreeAuctionDesigns is found liable, FreeAuctionDesignsís total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to negligence) or otherwise will not exceed the amount paid by you in the past six (6) months, if any, or $100, whichever is less.
Release If you have a dispute with one or more users, you release us (which includes but is not limited to our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
No Warranty The FreeAuctionDesigns website and services are provided on an ìas-is basis and without warranty or condition, express, implied or statutory. FreeAuctionDesigns, its suppliers and distributors, specifically disclaim all implied warranties of title, merchantibility, fitness for a particular purpose and non-infringement.
No Agency No agency, partnership, joint venture, employee-employer, franchisee-franchisor, or principal-independent contractor relationship is intended or created by this Agreement.
Severability In the event that a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy, then only the portions of this Agreement which violate such statute or public policy shall be stricken. All portions of this Agreement which do not violate any statute or public policy shall continue in full force and effect. Further, any court order striking any portion of this Agreement shall modify the stricken terms to give as much effect as possible to the intentions of the parties under this Agreement.
Indemnification By accepting this Agreement, you agree to indemnify, defend, and hold FreeAuctionDesigns and its officers, directors, agents, subsidiaries, joint ventures, and employees harmless from all claims, judgments, costs, expenses, or liabilities, including reasonable attorneys fees and costs arising out of any acts or omissions made by a third party arising from the breach of this Agreement or a violation of law or the rights of a third party.
Governing Law / Venue This Agreement shall be governed by and construed under and in accordance with the laws of the State of Arizona and with the laws of the United States of America. Venue for any action will take place in Phoenix, Arizona, United States of America. By accepting this Agreement, you subject yourself to jurisdiction in federal and state courts located in Phoenix, Arizona, United States of America.
Attorneys Fees In the event suit is brought about or an attorney is retained by FreeAuctionDesigns pursuant to this Agreement to enforce the terms hereof, to collect any monies due hereunder, or to collect money damages for a breach hereof, FreeAuctionDesigns is entitled to recover in addition to any other remedy, regardless of the outcome of such suit, the reimbursement for reasonable attorneys fees, court costs, costs of investigations, expert witnesses, discovery and other related expenses incurred in connection therewith as determined by the court and not a jury.
Authority Each individual that agrees to this Agreement on behalf of a corporation or other entity warrants that he is authorized to do so and that this Agreement will constitute the legally binding obligation of the entity which he represents.