Thank you for visiting the The Free Tree™ website located at www.thefreetree.co (the “Website”). The Website is an Internet property of The Free Tree (“The Free Tree,” “We,” or “Us”).
By participating in any Promotions, you further agree to receive telemarketing, e-mail and direct mail marketing messages from The Free Tree and any of its third party advertising and marketing partners. For the avoidance of doubt, by entering a Promotion, you are giving The Free Tree the right to share your Personally Identifiable Information with any of our third party advertising and marketing partners. Please be advised that entry into a Promotion constitutes your permission for The Free Tree to use your name and likeness (including pictures) for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
We reserve the right to modify the Terms and Conditions at any time. All such changes shall be effective once posted on the Website. The most current version of the Terms and Conditions will be posted on the Website. By your continued use of the Website (including, without limitation, submitting content for publication), you hereby agree to comply with, and be bound by, all of the Terms and Conditions. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Website shall be subject to these Terms and Conditions.
- Modification; Discontinuation; Suspension
- Content Rights
- Proprietary Rights; Restrictions on Use
- Infringement; DMCA Policy
- Third Party Content; Websites
- Disclaimers; Warranties; Limitation of Liability
- Legally Compelled Disclosure
- Disputes; Governing Law
- Contact Us
- Notification of Changes
Please read these Terms and Conditions carefully before submitting content in any form or medium for publication on the Website, participating in any Promotions, or otherwise using this Website or any other The Free Tree product or service. If you do not agree to abide by and be bound by all of the Terms and Conditions, you are not authorized to use the Website in any manner or participate in any Promotions.
1. Modification; Discontinuation; Suspension
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or the Promotions (or any portion thereof) with or without notice. You agree that The Free Tree shall not be liable to you or any third party for any such modification, discontinuation or suspension of the Website. In addition, we reserve the right to terminate your access to the Website for any reason, and to take any other actions that The Free Tree, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
The Website (including all text, photographs, graphics, video and audio content contained therein) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and The Free Tree (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising the Website are also copyrighted works, and The Free Tree (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
By posting or submitting content on or to the Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving The Free Tree, and our affiliates, agents and third party contractors a perpetual, worldwide, royalty-free, unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute and/or publish such content on the Website and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and/or marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the Website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period. Additionally, you hereby grant The Free Tree the right to sublicense or assign any of the foregoing rights to others.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions.
In addition, you further agree that you will not: (a) submit material that exploits children or otherwise exploits any individuals under eighteen (18) years of age; (b) submit material that is grossly offensive, including blatant expressions of discrimination, bigotry, prejudice, racism, hatred or excessive profanity or that is abusive, invasive, libelous, defamatory, vulgar, obscene, harassing, threatening or otherwise unlawful or threatening against an individual or group; (c) submit material that is illegal or deceptive; (d) submit material that is pornographic, sexually explicit or otherwise adult-oriented including, but not limited to content containing, promoting, referencing or linking to magazines, video and software, or escort services; (e) submit material containing, promoting, referencing or linking to firearms, weaponry, ammunition, fireworks, explosives hazardous materials, hazardous substances or instructions on how to assemble or otherwise make bombs, grenades or other weapons; (f) submit material containing, promoting, referencing or linking to odds-making and/or betting/gambling services including, but not limited to, gambling activities associated with poker, casino games, horse and dog racing, college and pro sporting events; (g) submit material containing, promoting, referencing or linking to tobacco and tobacco-related products, alcoholic beverages, illegal drugs or drug paraphernalia; (h) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (i) publish falsehoods or misrepresentations that could damage us or any third party; (j) submit material that introduces viruses, worms, harmful code and/or Trojan horses on the Internet; (k) post advertisements or solicitations of business; or (l) submit material otherwise deemed unsuitable or detrimental to the reputation of The Free Tree or its users. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to The Free Tree, we may authorize such content to be distributed or syndicated to or published on other The Free Tree-branded properties.
3. Proprietary Rights; Restrictions on Use
All content, graphics, design, digital conversion, software, services and other matters related to the Website, Promotions and e-mail (the “Materials”) are protected under applicable copyrights, trademarks and other proprietary rights including, but not limited to, intellectual property rights. All Materials are protected by United States and foreign copyright laws. Any attempt to copy, redistribute, publish, lease or sell any Materials is strictly prohibited and The Free Tree will vigorously prosecute violators to the fullest extent of the law.
Please be advised that all right, title and interest in and to the Materials remains with The Free Tree or, when applicable, third party licensors and Advertisers. All rights not expressly granted are reserved. If you use any of the Materials in any way not specifically provided for under the Terms and Conditions, you are in violation of the Terms and Conditions and in addition to all applicable remedies that we reserve at law and in equity, your license shall be immediately revoked.
Systematic retrieval of Material from the Website, Promotions or any e-mail messages that we may disseminate to our users from time-to-time is strictly prohibited. Any attempt to extract Material or other data in order to create or compile, directly or indirectly, a collection, compilation, database or directory without signed, written permission from The Free Tree is strictly prohibited. Please be advised that your license does not in any way entitle you to ownership rights to any Materials.
Unless expressly set forth herein to the contrary, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as otherwise permitted herein below and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the aforementioned exception), you may not distribute any part of this Website or any content therein over the Internet or any other network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we may from time to time excerpt materials from other sources in order to support the Website, we respect the right of others to make “fair use” of the materials contained on the Website. Accordingly, you may from time to time excerpt and use materials contained throughout the Website consistent with the principles of “fair use”. Please consult a legal professional before engaging in any such usage.
Additionally, neither you nor any third party shall make use of the contents of the Website in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
It is the policy of The Free Tree to respond to allegations of copyright violations in accordance with the full requirements of the Digital Millennium Copyright Act of 1998 (the “DMCA”) and all other applicable intellectual property laws. The DMCA provides, in part, a process for a copyright owner to give notification to an online service provider concerning any alleged copyright infringement. Accordingly, if any Website content (collectively, the “Material”) featured throughout the Website violates a valid copyright, The Free Tree may remove or disable access to such Material upon receipt of a valid, complete DMCA complaint (a written notification called an “Infringement Takedown Notice”). Please be advised that if we remove or disable access in response to such an Infringement Takedown Notice, we will make a good-faith attempt to contact the owner or administrator of the affected Material so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all Infringement Takedown Notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the DMCA.
Filing an Infringement Takedown Notice . To properly file an Infringement Takedown Notice with The Free Tree, you must provide a written notification. This can be done either by e-mail or written letter (regular U.S. mail or courier) to our DMCA Agent at:
Please include the following information in your Infringement Takedown Notice:
1. Identification of the Material(s) claimed to have been infringed upon and a statement of ownership of such Material(s);
2. Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
4. A statement that you have a good faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent or the law. (Please note that you must include the following statement: “I have good faith belief that the use of the copyrighted Materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law.”);
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (Please note that you must 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.”);
6. Your physical or electronic signature (i.e., “/s/ [print name]”); and
7. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing Material. You may also provide screenshots or other resources that may be helpful in identifying the Material(s) at issue. (For example, “The copyrighted material that we believe has been infringed upon is the image of a man featured on http://www.thefreetree.co/xxxx.html”).
IMPORTANT : Do not send any inquiries that are unrelated to infringement of copyrights (e.g., requests for technical assistance or customer support services, etc.) to the address set forth above. You will not receive a response to any written communications that are unrelated to the legal matters set forth herein.
Please be advised that the DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim or materially misrepresent that Materials infringe your copyright. Accordingly, if you are not sure whether your content is protected by copyright laws, we suggest that you first contact an attorney.
Filing a DMCA Counter-Notification . Pursuant to Section(s) 512(g)(2) and (3) of the DMCA, either the administrator of an affected (subject) website or the provider of affected (subject) Material may file a DMCA Counter-Notification.
Therefore, if your content has been taken down as a result of an Infringement Takedown Notice by a purported copyright owner that such party’s copyrights are infringed by your content, you may respond by sending us a written DMCA Counter-Notification. This can be done either by e-mail or written letter (regular U.S. mail or courier) to our DMCA Agent at:
Please include the following information in your DMCA Counter-Notification:
1. List the Material(s) removed by the localpresspaper administrators, and the location at which the Material(s) appeared before it was removed. (Please be as detailed as possible.);
2. Provide your name, postal address, telephone number and e-mail address (if available);
3. A statement that you knowingly consent to the jurisdiction of the U.S. Federal District Court for the judicial district of New York, New York;
4. A statement that you will accept service of process from the person who provided the Infringement Takedown Notice to us of the alleged infringement of an agent of such person;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (Please note that you must include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the Material identified above was removed or disabled as a result of a mistake or misidentification of the Material to be removed or disabled.”); and
6. Your physical or electronic signature (i.e., “/s/ [print name]”.
Repeat Infringer Policy . Please be advised that if you are the subject of two (2) or more valid and complete Infringement Takedown Notifications that you do not satisfactorily rebut with valid DMCA Counter-Notifications (a “Repeat Infringer”), in addition to any other available rights and remedies, The Free Tree reserves the right to terminate your account, without penalty or liability to The Free Tree. Additionally, please note that The Free Tree may exercise all other rights and remedies available to it against any such Repeat Infringers. If you believe that an account holder or subscriber is a Repeat Infringer, please follow the instructions above and contact our DMCA Agent by e-mail at email@example.com. Please make sure provide sufficient information for us to verify that the party is a Repeat Infringer.
General . Please be advised that nothing contained herein shall restrict The Free Tree’s ability or right to remove or disable access to any Material which The Free Tree independently discovers and which, in The Free Tree’s sole discretion, violates or infringes any right of any third party, including, without limitation, any IP Right.
This DMCA Policy is part of, and incorporated within, the Terms and Conditions. As a condition of using the Website, you expressly acknowledge that you have read and understood this DMCA Policy and you have agreed to be bound by the terms and conditions contained herein. If at any time you disagree with this DMCA Policy or any part of it, your sole remedy is to cease all use of the Website. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this DMCA Policy.
Details of the DMCA are available at US Copyright Office Web Site: www.copyright.gov
5. Third Party Content; Websites
Opinions and other statements expressed by users and/or third parties (e.g., bloggers) are theirs alone, not opinions of The Free Tree. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or otherwise guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Website, The Free Tree is not undertaking any obligation or liability relating to the content. The Free Tree and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate or unlawful content. Additionally, The Free Tree and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, The Free Tree reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
The Free Tree, Advertisers and other third parties advertising on, or otherwise accessible via, the Website, may provide and/or refer you to third party Internet websites. Please be advised that The Free Tree does not control the information, products or services available on any third party websites. By accessing the Website or any e-mail messages, you acknowledge and agree that The Free Tree does not guarantee or endorse any third party materials (including those featured in any Promotions). You further agree and acknowledge that The Free Tree does not guarantee the accuracy or quality of any third party websites or the Promotions found therein. The Free Tree expressly disclaims responsibility and liability for any and all third party materials or Promotions featured or accessed on the Website or in any of its e-mail messages.
It is your responsibility to carefully read all of the terms and conditions associated with the third party Promotions featured on the Website or in e-mail messages and, by extension, the terms and conditions of the applicable third party’s website(s). The inclusion of any link on the Website does not imply endorsement. Because The Free Tree has no control over third party materials, you hereby agree that The Free Tree is not responsible or liable for the availability or the operation of such third party websites or for any material located on or available through any such websites. Any dealings with, or participation in Promotions offered by Advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or Promotions, are solely between you and the applicable Advertiser or third party. The Free Tree shall not be held responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or Promotions.
You agree to indemnify, defend and hold The Free Tree, its parents, subsidiaries and affiliates, and each of their respective members, directors, officers, managers, employees, shareholders, agents, licensors, co-branders and/or other partners (collectively, “Covered Parties”), harmless from and against any and all claims, expenses, damages, suits, costs, losses, liabilities, demands, judgments, including reasonable attorneys’ fees, made by any third party due to, or arising out of or resulting from your use of the Website, your submission of content in any form or medium for publication on the Website; your participation in any Promotions, and/or any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. Disclaimers; Warranties; Limitation of Liability
THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND/OR INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, E-MAIL MESSAGES, PROMOTIONS OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THE WEBSITE, E-MAIL MESSAGES, PROMOTIONS OR AVAILABLE THROUGH LINKS ON THE WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS OR MATERIALS THAT MAY BE DOWNLOADED OR OTHERWISE MADE AVAILABLE FROM THE WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS AND/OR ANY MATERIALS AVAILABLE THROUGH THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS, YOU DO SO SOLELY AT YOUR OWN RISK.
THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THE WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF LEGAL, TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
THE WEBSITE, E-MAIL MESSAGES AND PROMOTIONS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Free Tree OR ANY ADVERTISER THROUGH THE WEBSITE, E-MAIL MESSAGES AND/OR PROMOTIONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. The Free Tree AND THE COVERED PARTIES ARE NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: (A) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF THE WEBSITE, PROMOTIONS, E-MAIL MESSAGES, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR PROMOTIONS COMMUNICATIONS; (B) THE CONDUCT OF ANY USER WHETHER ONLINE OR OFFLINE INCLUDING, WITHOUT LIMITATION, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF ANY OTHER PARTY; (C) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR (D) ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
The Free Tree and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of the Website.
8. Legally Compelled Disclosure
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
These Terms and Conditions shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Last updated and effective date: April, 5 2019
Copyright © 2019 The Free Tree, All Rights Reserved.