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Network Terms & Conditions The Freebie Exchange Network Promo Terms & Conditions

The Freebie Exchange (herein known as "TFX") Terms of Service (these "Terms") governs your (also referred to interchangeably and collectively as “You”, “Your”, “the Network” or “the Customer”) purchase and use of all TFX services (collectively, the "Services"), as described in the Order submitted by you and accepted by TFX ("Network Application") according to the options in the “TFX Information Package”. Acceptance of any terms or conditions different from those contained herein by TFX will not be deemed by provision of service, but only by electronic or written signature of an administrator of TFX.

You must accept these Terms in order to use the Services you have chosen. BY REGISTERING FOR AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE TERMS AS WELL AS ALL POLICIES AND GUIDELINES WHICH ARE INCORPORATED HEREIN BY REFERENCE. TFX may modify any of these Terms at any time, in its sole discretion. Any modifications are effective upon posting of a revised copy of these Terms on the TFX web site (the "Site"). Your continued use of the Services following TFX posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify TFX of your termination of these Terms in the manner described in the section below.


Term of Sub-Forum agreement:

The agreement will be considered indefinite until terminated by TFX or the Network, as long as it is not determined that the Network has violated any of the site rules or terms of TFX, and has not been found to have been participating in any fraudulent activity either on TFX or the internet in general.

The Network may terminate their agreement at any time by sending in written notice of termination. To provide your notice of termination, you must send an e-mail to support@thefreebieexchange.com or send a Personal Message via http://www.thefreebieexchange.com to Sharkboy, the founder and Administrator of TFX.


Acceptable Use Policy:

TFX reserves the right to terminate their agreement with the Network at any time without notice, refund, or any penalty to TFX whatsoever if it has been discovered that the Network has been engaged in dishonest or illegal practices of any kind, and/or has attempted to defraud any members of TFX, or users of the internet in general.

Your submitted application is for the right to obtain exposure for your network according to the option you have chosen from the listings provided in the “TFX Information Package”. The sites within the Confirmed/Unconfirmed (if applicable) sub-forum sections on TFX are determined by our members' personal experiences ONLY. Select TFX staff, registered users and experienced traders vote on the sites listed in the TFX forums once every 6 months, and they are arranged according to those votes. You may not request or demand, in any way, to have your sub-forum moved to another location on the TFX forums, and your placement within them is not influenced by which option you purchase.


Termination:

Your agreement with TFX may be terminated: (i) by you or TFX during any Renewal Term, without cause, by giving the other party no less than thirty (30) days prior written notice; (ii) by TFX in the event of nonpayment by you or (iii) by TFX,at any time, without notice, if, in TFX sole judgment, you are in violation of any terms or conditions found on the TFX website, or within this document. If you terminate your agreement, or if TFX terminates the agreement for your breach, before the end of the Initial or Renewal Term, whichever is then applicable, you will be required to pay immediately and without setoff or delay all charges, fees and costs accrued before the termination date.


Indemnification:

TFX is under no duty to look at any member's or user's activities to determine if a violation of the site rules has occurred, nor do we assume any responsibility through our site rules to monitor or police the internet related activities of our members. In agreeing to the TFX Terms & Conditions, you agree to indemnify, defend and hold harmless TFX, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of these Terms that results either in (a) any cost, expense, damage or loss to TFX, or (b) the bringing of any claim against TFX by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if TFX is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against TFX, its employees, directors, partners, representatives and affiliates, in addition to all costs and attorney's fees.


Disclosure to Law Enforcement:

TFX prohibits the use of our service for illegal activities. Therefore, the Network agrees that TFX may disclose any and all Subscriber information, including IP addresses, account history, account use, registration and application information, etc. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition TFX shall have the right to terminate all service set forth in these Terms if requested to do so as a result of any action of any law enforcement or government agency.


Intellectual Property Rights:

Your Warranties and Representations to TFX: You warrant, represent, and covenant to TFX that: (a) you are at least 18 years of age if an individual; (b) you possess the legal right and ability to enter into an agreement with TFX; (c) you will use the Services only for lawful purposes and in accordance with these Terms and all applicable policies and guidelines, and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.


Intellectual Property Policy:

TFX respects the intellectual property rights of others and expects its users to do the same. TFX reserves the right, at its discretion, to delete material that infringes the copyrights, trademarks, or other intellectual property rights of others. TFX also reserves the right to disable and/or terminate the accounts of users who infringe the copyrights, trademarks or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TFX with the following information: A description of the copyrighted work property that you claim has been infringed; A description of the material that you claim infringes your copyright, and information sufficient to allow us to locate the material; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright.


Enforcement Actions:

TFX reserves the right to suspend or terminate any Service immediately or take any other corrective action it deems appropriate in its sole discretion if, in the sole judgment of TFX, you are the source or target of any violation of these terms or the TFX posted site rules, you or your network have become inactive or un-represented on TFX through decision or non-payment of fees, or for any other reason which TFX reasonably chooses. This may or may not include changes to any user account status, sub-forum and/or referral bank promotion, user avatars, signature banners or text, or any other information connected with your account that can be deemed as promotional in nature, regardless of prior payment or agreement by the network and TFX.  If inappropriate or illegal activity is detected, all of your accounts in question will be suspended until a thorough investigation is completed. Prior notification to you of disconnection is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate TFX to monitor or exert editorial control over the information made available for distribution via the Services. If TFX takes corrective action because of a possible violation, TFX will not refund you any fees that you paid in advance of the corrective action.


Disclaimed Warranties:

TFX exercises no control over, and accepts no responsibility for, the content of the information passing through TFX host computers, network hubs and points of presence, or the Internet, or any information posted by the registered members of TFX. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THESE TERMS ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. TFX DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. TFX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.


Interruption of Service:

TFX and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, TFX is not liable for any delay or failure to perform its obligations under these Terms, where the delay or failure results from any "act of God" or other cause beyond its reasonable control (including any mechanical, electronic, communications or third-party supplier failure).


Modifications:

These terms may be modified periodically by TFX without the prior consent of other parties for the purposes of keeping up to date with site policy changes, amendments based on prior discrepancy or difficulty encountered with other parties in conjunction with this agreement, or any other reason deemed necessary by TFX.  It is the sole responsibility of the network to regularly and periodically re-visit these terms for revisions or alterations of any kind.


Survival:

All provisions of these Terms relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of these Terms.

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