TERMS OF SERVICE
When using Fresh, you agree to the following terms and conditions (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular Fresh services, you shall be subject to any posted guidelines applicable to such services, including the any applicable sweepstakes rules and any terms or conditions applicable to Fresh services provided in conjunction with any of Fresh's content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site and do not register to be a member of Fresh. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Fresh Service following the posting of changes to these terms will mean you accept those changes.
Fresh provides the very latest and best reviews of a wide range of products and services. These Terms of Service apply to the Fresh Service as well as any new products or services that we may add in the future (unless stated otherwise).
General Terms of Service and Restrictions on Use of Materials
By using the Fresh Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Fresh reserves the right to terminate your access to the Fresh Service. Fresh may discontinue or alter any aspect of the Fresh Service, including, but not limited to, (i) restricting the time the Fresh Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Fresh Service, at Fresh's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Fresh Service. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Fresh Service. You further certify that you are an individual.
In order to permit Fresh to protect the quality of its products and services, you hereby consent to Fresh employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
You acknowledge that the Fresh Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the applicable copyright laws, and Fresh owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Fresh name and logo are exclusively the property of Excite Italia B.V. All other trademarks appearing on the Fresh Service are trademarks of their respective owners. Fresh's partners may also have additional proprietary rights in the content which they make available through the Fresh service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by Fresh, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Fresh. Fresh does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
If you elect to register to use the Fresh Service and/or participate in any sweepstakes, contest, or other services offered by Fresh you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Fresh Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Fresh has reasonable grounds to suspect that such is the case, Fresh has got the right to suspend or terminate your account and refuse any and all current or future use of the Fresh Service (or any portion thereof).
Community Standards and Conduct
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Fresh Service. Fresh does not control all of the Content posted via the Fresh Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Fresh Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fresh be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Fresh Service.
Some of the videos published on our website have been taken from the Internet due to the fact that they have been classified as "public domain". Fresh aggregates videos that have been already published online, therefore is not responsible for their content. Nevertheless, videos that the author or any other third party might find damaging will be deleted so if this is the case, please contact the administration.
You agree to not use the Fresh Service to:
upload, post, email or otherwise transmit 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;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Fresh official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam,", "chain letters", "pyramid schemes" or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email or otherwise transmit any 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;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Fresh Service or an Fresh Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Fresh Service or servers or networks connected to the Fresh Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Fresh Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another member or user of the Fresh Service
Collect personal data about other users, or members.
Store personal data about other users, or members.
Discussion & Forum Terms
A "Forum" refers to a chat area, bulletin board, "instant messaging" or virtual community offered as part of the Fresh Service. Fresh also provides its users with access to e-mail. The Forums and e-mail shall be used only in a noncommercial manner. You shall not, without Fresh's express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
It is our policy to respect the privacy of all users. Therefore, we will not monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance of Fresh Service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Fresh; (2) protect and defend the rights or property of Fresh; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.
All Fresh Forum communications, including chat and bulletin board communications are public and not private communications. Although Fresh reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Your privilege to use the Fresh Forums and contribute to discussions on the Fresh Forums depends on your compliance with the member conduct guidelines set forth above. Fresh may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, Fresh, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.
Usage Terms fo Children
Parental permission is required for children 12 years of age or under to use any Fresh Forums. Please remember, when using any Fresh services or Forums, you agree to abide by the member conduct guidelines set forth above. Fresh does not permit registered users under the age of 13 to participate in chat.
Fresh reserves the right to monitor some, all, or no areas of Fresh Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, Fresh is acting as a passive conduit for such distribution and Fresh is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.
The Fresh Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fresh has no control over such sites and resources, you acknowledge and agree that Fresh is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fresh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Fresh uses diligent efforts to maintain the Fresh Service, but Fresh is not responsible for any defects or failures associated with the Fresh Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Fresh makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Fresh Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Fresh Service may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE FRESH SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. FRESH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, FRESH MAKES NO WARRANTY THAT THE FRESH SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FRESH SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE EXCITE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FRESH SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM FRESH PERSONNEL OR THROUGH THE FRESH SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Shopping Retailers
The Fresh Service provides shopping services to help you locate and potentially purchase products from online and offline retailers. Fresh does not, however, control these independent retailers and Fresh does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by Fresh you acknowledge and agree that:
Fresh does not endorse any of the products or services ("Merchandise") linked to from or through the Fresh Service, nor has Fresh taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Fresh or their own web sites. Fresh expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRESH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FRESH SERVICE AND/OR PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EXCITE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FRESH SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE FRESH SERVICE OR OPERATION OF THE EXCITE SWEEPSTAKES. IN NO EVENT SHALL FRESH TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL OF YOUR ACTIVITIES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EXCITE ITALIA B.V., THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY EXCITE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that Fresh, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Fresh Service, and remove and discard any Content within the Fresh Service, for any reason, including, without limitation, for lack of use or if Fresh believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Fresh may also in its sole discretion and at any time discontinue providing the Fresh Service, or any part thereof, with or without notice. You agree that any termination of your access to the Fresh Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Fresh may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Fresh Service. Further, you agree that Fresh shall not be liable to you or any third-party for any termination of your access to the Fresh Service.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the Italian Law, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located Rome (Italy) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Fresh relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Excite's successors, assigns and licensees.
COPYRIGHT AND COPYRIGHT NOTICES
Fresh respects the intellectual property of others, and we ask our users to do the same. Fresh may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fresh with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact Fresh for Notice of claims of copyright.