Terms of Use
Welcome to the Free Fashion Tees, a free t-shirt and promotional item distribution and advertising service. The Free Fashion Tees Service (defined below) is operated by Free Fashion Tees, and its subsidiaries and affiliates ("us," "we" or "Free Fashion Tees"). By using or accessing the Free Fashion Tees Service, you agree that you have read, understand and are bound by these Terms of Use ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of the Free Fashion Tees Service after any such changes constitutes your acceptance of the new Terms.
Privacy
We care about the privacy of our users and encourage you to read our Privacy Policy.
Eligibility
You may not use the Free Fashion Tees Service if you are under 18.
Registration; Account Security
When you register for and use the Free Fashion Tees Service, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.
Prohibited Conduct
By using or accessing the Free Fashion Tees Service, you represent, warrant and agree that you will not:
- do anything that could disable, overburden or impair the proper working of the Free Fashion Tees Service;
- use any robot, spider, scraper or other automated means to access the Free Fashion Tees Service;
- send spam or any other unauthorized advertisements or solicitations through or using the Free Fashion Tees Service;
- harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of the Free Fashion Tees Service without consent from such users;
- solicit private information (including social security numbers, credit card numbers and passwords) from users of the Free Fashion Tees Service;
- provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
- use your profile for any commercial purposes
- distribute or sell promotional clothing, items or any other products received through the Free Fashion Tees Service;
- use an iFrame or offer web search functionality on the Free Fashion Tees Service;
- intimidate or harass any user;
- do anything that is illegal, infringing, fraudulent, malicious or could expose Free Fashion Tees or the Free Fashion Tees Service users to harm or liability; or
- attempt, encourage or facilitate any of the above.
User Profile
By using or accessing the Free Fashion Tees Service, you represent, warrant and agree that you will not:
- Submit User content that is false, misleading or fraudulent
- Create more than one profile
- Create a user profile for anyone other than yourself
- Upload any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment
Free Fashion Tees does not pre-screen, review, edit or approve any User Content. Free Fashion Tees may, in its sole discretion, remove or disable access to any User Content.
"User Content" means any photos, text, demographic information and anything else that you Post on or through the Free Fashion Tees Service. "Post" means to upload, post, transmit, share or store on or through the Free Fashion Tees Service.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Free Fashion Tees ("Submissions"), are non-confidential and non-proprietary. Free Fashion Tees will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Disputes; Complaints
You agree not to hold Free Fashion Tees responsible or liable for the actions of third parties (including our advertising partners) on or relating to the Free Fashion Tees Service. This includes transactions conducted on the Free Fashion Tees Service as well as the collection, handling and sharing of personal information that you provide. If you have a dispute with a third party relating to the Free Fashion Tees Service, you release Free Fashion Tees and its employees from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
If you believe that the Free Fashion Tees Service or Free Fashion Tees' business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Free Fashion Tees. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the Free Fashion Tees Service is unfair, fraudulent or unlawful with respect to that issue.
Indemnity
You agree to indemnify and hold Free Fashion Tees harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the Free Fashion Tees Service; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Free Fashion Tees reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Free Fashion Tees, and you agree to cooperate with Free Fashion Tees’ defense of these Claims.
General Disclaimers
USE OF THE FREE FASHION TEES SERVICE IS AT YOUR OWN RISK. THE FREE FASHION TEES SERVICE, FREE FASHION TEES WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE FREE FASHION TEES SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FREE FASHION TEES, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, FREE FASHION TEES, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FREE FASHION TEES SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE FREE FASHION TEES SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FREE FASHION TEES IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE FREE FASHION TEES SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FREE FASHION TEES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE FREE FASHION TEES SERVICE, THE FREE FASHION TEES WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE FREE FASHION TEES SERVICE, EVEN IF FREE FASHION TEES OR A FREE FASHION TEES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FREE FASHION TEES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Termination and Changes to the Free Fashion Tees Service
We may terminate your account on the Free Fashion Tees Service, delete your profile and any User Content you have Posted on or through the Free Fashion Tees Service, and/or prohibit you from using or accessing the Free Fashion Tees Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the Free Fashion Tees Service at any time without notice. The following sections will survive any termination of your use of the Free Fashion Tees Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Free Fashion Tees Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Arbitration
Except as set forth in the paragraph below, you agree that all claims and disputes between you and Free Fashion Tees that arise out of or relate in any way to the Terms or your use of the Free Fashion Tees Service will be resolved either by (a) binding arbitration by a single arbitrator in Broward County, Florida or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
Governing Law; Venue and Jurisdiction
You agree that all claims and disputes between you and Free Fashion Tees that arise out of or relate in any way to the Terms or your use of the Free Fashion Tees Service will be governed by the laws of the State of Florida (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Broward County, Florida.
Other
The "Free Fashion Tees Service" means the features, services and properties that Free Fashion Tees makes available through (a) www.freefashiontees.com or any other Free Fashion Tees-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Free Fashion Tees Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from Free Fashion Tees at the email address you provide in registering for the Free Fashion Tees Service or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the Free Fashion Tees Service.