App Terms of Service

This is a legally binding agreement. Please read these terms and conditions carefully. By downloading, using, or registering for the App, you represent that you have the full legal authority to enter this agreement on behalf of any party identified in the Registration, and, in that capacity, you acknowledge such party’s agreement to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, do not download, use, or register for the App.

This agreement for use (the “Agreement”) of the Today’s Front Pages mobile application (together with any associated software applications, database structures and queries, interfaces, websites, tools, and the like, as well as any and all revisions, modifications, and updates thereof), as updated from time to time (the “App”), is between The Freedom Forum, Inc. (“Freedom Forum,” “we,” “us,” and “our”) and you, the user of the App (“you” and “your”).

Registration. You may be offered an opportunity to register for use of the App via an account registration process (such process and the information provided during such process, as amended from time to time through your login to your account in the App in accordance with this Agreement, the “Registration”). You represent that the information indicated in the Registration is true, accurate, and complete, and you agree to update the Registration upon any changes to such information. The Registration is incorporated herein and made a part of this Agreement. Notwithstanding any additional acknowledgement of this Agreement (including via clicks or other electronic means), each subsequent use of the App is subject to this Agreement and does not create a new or separate contract; provided, however, when an amended version of this Agreement is presented for acceptance, acceptance of the amended version of this Agreement (including via a click or other electronic means) will amend this Agreement.
Licenses.
1. App. Subject to the terms and conditions of this Agreement, Freedom Forum grants to you a limited, non-commercial, personal, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term (as defined below) to use and access the App for your personal and non-commercial use only as specifically set forth in this Agreement. You acknowledge that we may issue updated versions of the App and that the updated version may be automatically deployed to your device. You consent to such automatic upgrading on your device and agree to timely upgrade the App in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all updates to and versions of the App. We may, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the App or portions thereof, including but not limited to the App’s features, look and feel, and functional elements and related services.
2. Content. Your right to use and access the App, as prescribed above, may provide you with access to certain content and services accessible on or through the App, including textual, photographic, videographic, audial, or audiovisual materials (the “Content”). The App and the Content are owned and/or controlled by Freedom Forum and/or its licensors, and the Content is protected by copyright, trademark, and other intellectual property rights. Unless authorized by the Freedom Forum, you may not modify, copy, distribute, reproduce, display, perform, publish (or republish), upload, post, transmit, translate, sale, offer for sale, create derivative works from, commercialize, or exploit, in any manner or medium, any of the Content on the App. For information on requesting permission to reproduce, distribute, or display the Content on the App, please contact us in accordance with Section 12(i).
Your Responsibilities and Restrictions
1. Account; Minimum Age. You may only create and hold one account for the App and our services for your personal, non-commercial use and access. You must be at least 18 years old to use or create an account for use of the App. If you are a minor in the jurisdiction in which you reside, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the App, and your parent or legal guardian must read and agree to this Agreement prior to your using the App. Notwithstanding the foregoing, you are not authorized to use the App if you are under the age of 13. If we acquire actual knowledge, or are informed by a third-party individual or entity, that you are under the age of 13, or that you are below the age of 18 and did not receive the proper permission as prescribed herein, your use of and access to the App will be immediately terminated.
2. Devices. To use the App, you must have a compatible device, and we do not warrant that the App will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the App. Use of the App requires Internet access or mobile data, which may be subject to additional fees or charges. Because the App may be accessed via the Internet, the App is offered “as is,” basis with all risks inherent in such access. By connecting to the App, you acknowledge and accept the risks associated with public access to the Internet and public use of an unsecured wireless network. You will be responsible for all fees and charges incurred with respect to accessing to the App.
3. User ID and Password. You shall maintain, and cause to be maintained, the confidentiality of your account information, including your user ID and password. You may not provide your account information to anyone else or allow anyone else to access the App using your account information. You may not permit any other individual or entity to use, access, or view the App via your account. You must keep your password strictly confidential.
4. Updates. Freedom Forum may, from time to time, and in its sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (“Updates”). Updates may also modify or delete in their entirety certain features and functionality of the App, including the Content thereon. You agree that Freedom Forum has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the App, or portions thereof, may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
5. Prohibitions. You shall not directly or indirectly do, nor shall you authorize any person or entity to do, any of the following: (1) use the App for any purpose or in any manner not specifically authorized by this Agreement or otherwise in violation of the terms hereof; (2) make any copies or prints, or otherwise reproduce or print, any portion of the App, whether in printed or electronic format; (3) distribute, republish, download, display, post, disclose or transmit any portion of the App; (4) create or recreate the source code for, or re-engineer, reverse engineer, decompile, deconstruct, or disassemble the App or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the App or any software, documentation, or data related to the App; (5) modify, adapt, translate, or create derivative works from or based upon any part of the App, or combine or merge any part of the foregoing with or into any other software, document, or work; (6) refer to or otherwise use any part of the App as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us, or any product or service that is directly or indirectly competitive with Freedom Forum and its offerings, products, or services; (7) remove, erase, or tamper with any copyright, logo, trademark, or other proprietary or intellectual-property notice printed or stamped on, affixed to, or encoded or recorded in the App, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (8) fail to preserve all copyright and other proprietary notices in any copy of any portion of the App made by you or on your behalf; (9) sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the App without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (10) use the App to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this Agreement; (11) use the App to store, receive, or distribute any information in violation of any applicable law, regulation, ordinance, or guideline, or otherwise use the App in violation of any applicable law, regulation, ordinance, or guideline; (12) diminish or infringe any intellectual property rights in and to the App or impair or interfere with any copyright protection mechanisms, copyright management information systems, or digital identification devices employed in association with the foregoing; (13) cause the App to defame or infringe the rights of any other person, including intellectual property rights (for example, any patent, trademark, trade secret, copyright, or other proprietary rights) or rights of publicity or privacy; (14) promote, condone, or incite violence, dangerous acts, or discrimination against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, political affiliation, or sexual orientation/gender identity or any other protected characteristic; threaten, harass, or bully any person; or collect, store, receive, process, use, disclose, manipulate, track, or distribute any content or data that does any of the foregoing or is pornographic or obscene; (15) impersonate any person or entity or generate fraudulent impressions of or fraudulent clicks on ad(s) through any automated, deceptive, fraudulent, or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents, or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (16) act in a manner that is illegal, discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, obscene, unlawful, harassing, violent, or threatening; (17) collect, store, receive, process, use, disclose, manipulate, track or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other malicious code; (18) use any device, software, methodology, or routine to interfere with or disrupt the App or the servers or networks connected to the App by trespass or burdening network capacity; (19) harvest, access, or collect information about other users of the App or individuals associate with Freedom Forum; (20) restrict or inhibit any other person from using the App, including without limitation by means of “hacking” or defacing any portion thereof; (21) “frame,” “mirror,” or “in-line link” any portion of the App, such as the Content; (22) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the App; (23) process data on behalf of any third party; (24) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or (25) attempt to do or assist any party in attempting to do any of the foregoing. Although Freedom Forum has no obligation to monitor use of the App, we may do so and may prohibit any use that we believe may be (or is alleged to be) in violation of applicable laws or regulations or this Agreement.
6. Compliance. You agree that you will use the App only in a manner that complies with all applicable laws and regulations.
7. Permitted Location. You further agree to access the App only from within the United States; to the extent you use or access the Content from outside the United States, Freedom Forum makes no representation or warranty that the App, and the Content therein, is reliably or consistently available outside of the United States, and you are solely and exclusively responsible for compliance with all local laws. The App may not be exported or re-exported outside of the United States or to those persons or entities prohibited from receiving exports from the United States. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Term and Termination
1. Term. This Agreement is effective upon your acceptance of it in the course of the Registration, and it shall continue in effect until terminated pursuant to this Agreement (the “Term”).
2. You acknowledge that the App is provided free of charge, and Freedom Forum may terminate this Agreement and the license granted herein at any time with or without notice to you by disabling access to the App or closing your account.
3. Termination. If you breach this Agreement, if we are required to do so by applicable law, or if we reasonably believe that there has been conduct via your account that creates or could create liability or harm to any user, third party or us, we may terminate this Agreement at any time with or without notice to you by disabling access to the App or closing your account. You may terminate this Agreement at any time by closing your account, uninstalling the mobile application component of the App, and ceasing use of the App and our services.
4. Effect of Termination. Upon termination of this Agreement for any reason or no reason, your access rights and all licenses granted to you will terminate, and you must immediately cease all use of the App.
Ownership; Proprietary Rights; Third Parties
1. App. You acknowledge and agree that the App is provided under a license, and not sold, to you; you do not acquire any ownership rights or interest in or to the App through this Agreement or by use of or access to the App. Freedom Forum and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the App and all intellectual property and proprietary rights therein. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license, if any, authorizing use of such code.
2. Ideas. Please note that Freedom generally does not accept unsolicited materials, content, services, or ideas for use or publication in connection with the App. However, to the extent you suggest improvements and/or communicate to Freedom Forum ideas, feedback, inventions, discoveries, or concepts (“Ideas”), you and us may discover or create the Ideas jointly. You agree that any such Idea shall be and remain solely the property of Freedom Forum and/or its licensors and may be used and sold, licensed, or otherwise provided by Freedom Forum and/or its licensors to third parties, or published or otherwise publicly disclosed, in Freedom Forum’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Freedom Forum any and all of your right, title, and interest in and to any such Ideas, and all intellectual-property rights therein.
3. Apple. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Freedom Forum only, not with Apple. We, not Apple, are responsible for the App and the content of it. The license granted to you in this Agreement is for use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. If you need any support with respect to the App, please contact us. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
4. Google. If you have downloaded the App from the Google Play Store, you (1) you acknowledge that this Agreement is solely between you and Freedom Forum only, and not with Google, Inc. (“Google”); (ii) your use of the App must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) Freedom Forum, and not Google, is solely responsible for its App; (v) Google has no obligation or liability to you with respect to the App or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to the App.
Usage Data; Your Data; Communications
1. The App maintains certain personally identifiable information about you. Freedom Forum will use and disclose your personally identifiable information as described in this Agreement or Freedom Forum’s Privacy Policy, as required by law or court order, and as necessary to provide the App and our services or to enforce our rights.
2. In order for Freedom Forum to provide the App, you grant to Freedom Forum, during and after the Term, a non-exclusive, transferrable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid-up right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered during Registration or otherwise into the App (“Data”) to the extent necessary for Freedom Forum to: (1) provide the App, and the Content therein, and our services, (2) perform our obligations under this Agreement, (3) compile analyses and statistical information from Data regarding usage or performance of the App and user engagement, (4) provide, monitor, correct, enhance, and improve the App and perform services related thereto, (5) develop new products or services, and (6) accomplish other internal business purpose or as described in Freedom Forum’s Privacy Policy. Freedom Forum reserves the right to maintain, delete, or destroy all Data and materials posted or uploaded to App pursuant to its internal record retention and/or destruction policies.
3. You also grant to Freedom Forum a non-exclusive, transferrable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid-up right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). You acknowledge and agree that Freedom Forum has and retains exclusive and valid ownership of all Deidentified Data. Freedom Forum shall also have the right to collect and analyze data and other information relating to the provision, use, and performance of the App and related systems and technologies (“Usage Data”), and you acknowledge and agree that Freedom Forum has and retains exclusive and valid ownership of all Usage Data. Freedom Forum will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the App and for other development, diagnostic, and corrective purposes in connection with the App and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.
4. You represent and warrant that you own or have the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to Freedom Forum the licenses set forth herein. You are responsible for all of your Data, and you represent and warrant that your Data will not violate the terms of this Agreement, including the restrictions set forth in Section 3. If any of your Data violates this Agreement, or is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (1) to change, delete or remove, in part or in full, any of your Data, (2) to terminate or suspend access to the App, and/or (3) to terminate or suspend your account, in each case, with or without notice. Freedom Forum will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with your Data. You shall indemnify, defend, and hold harmless Freedom Forum, its affiliates, and their respective directors, officers, employees, and agents from and against any Loss (as defined below) arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties.
No Warranties
1. THE APP, THE CONTENT THEREIN, AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP. FREEDOM FORUM, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APP, THE CONTENT THEREIN, OR ANY PART OF IT AND ANY SERVICES PROVIDED BY FREEDOM FORUM, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT FREEDOM FORUM KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. FREEDOM FORUM EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU. FREEDOM FORUM DOES NOT WARRANT THAT THE APP, THE CONTENT THEREIN, OR ANY SERVICES WILL BE UNINTERRUPTED, ACCURATE, OMISSION FREE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS APP, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. Due to the continual development of new techniques for intruding upon and attacking networks, Freedom Forum does not warrant that the App, or any equipment, system, or network on which it is used or accessed, will be free of vulnerability to intrusion or attack that results in your inability to use the App or services or the unauthorized access or disclosure or compromise of your information.
3. Freedom Forum cannot and does not guarantee or warrant that the App or files available for downloading from the internet or the App will be free of viruses or other destructive code, or free of vulnerability of intrusion to attack. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the App for any reconstruction of any lost data.
4. We may, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the App or portions thereof, including but not limited to the App features, look and feel, and functional elements and related services.
5. Although the App may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link is not, nor does it imply, an endorsement of, or an affiliation or association with, the linked site by Freedom Forum. Freedom Forum takes no responsibility for the availability or accuracy of content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Freedom Forum does not take responsibility for the privacy policies and practices of these third-party links.
6. Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
Limitation of Liability; Disclaimer of Damages
1. NEITHER FREEDOM FORUM NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (V) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER FREEDOM FORUM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
2. THE APP IS PROVIDED TO YOU FREE OF CHARGE, AND IN NO EVENT SHALL FREEDOM FORUM’S OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE APP AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations and disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty or limitation of liability, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.
4. You agree to indemnify, defend, and hold harmless to Freedom Forum, its licensors, their affiliates, and their respective officers, directors, employees, and agents from and against any Loss arising from or related to any violation of the terms of this Agreement by you or your agents. This obligation will survive your use of the App and termination of this Agreement. For purposes of this Agreement, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties).
5. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE APP.
Digital Millennium Copyright Act. Freedom Forum respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Freedom Forum, Attn: DMCA Agent, 9893 Brewers Court, Laurel, MD 20723, [email protected], (202) 292-6100. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Freedom Forum has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
Other Provisions
1. This Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. Freedom Forum may freely transfer, assign, or delegate all or any part of this Agreement and any rights or duties hereunder. You may not assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void.
2. Except as otherwise expressly provided herein, this Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect.
3. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.
4. If any provision of this Agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (1) the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected; (2) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (3) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (4) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this Agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
5. This Agreement shall be construed and enforced in accordance with the laws of the state of Maryland (other than its conflicts of law provisions), and the venue for any dispute shall be exclusively in the federal or state courts having jurisdiction over Washington, D.C. We reserve the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the App from a particular account, device, and/or IP address.
6. Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Agreement waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the App.
7. Freedom Forum shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of it and not due to its own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
8. Except as otherwise expressly provided herein, no modification or amendment to this Agreement will be valid or binding unless in writing and duly executed by the party or parties to be bound thereby including by clicking a button when presented to accept such amendment.
9. You may contact us at Freedom Forum, Attn: Privacy, 9893 Brewers Court, Laurel, MD 20723 or [email protected] for any complaints or claims with respect to the App.