Terms of Service

Terms of Use for freenode

These terms of use ("Terms") applies to your access to and use of the website (the "Services") provided by freenode.net ("we", "us or "our").

PLEASE READ THESE TERMS CAREFULLY, AS THEY ARE A LEGAL AGREEMENT BETWEEN YOU AND FREENODE.

In order to access or use our Services, you need to be of legal age for those activities in the jurisdiction in which you are located. If you are not of legal age, you must not access or use our Services.

freenode is organized under the laws of the State of Delaware, USA, and operating under the laws of the USA. Our address is 5900 Wilshire Blvd. Suite 2110, Los Angeles, CA 90036, United States of America.

Binding Agreement; Termination

freenode allows you to post a link, upload a file or publish a text post to the world. Your access to or use of the Services constitutes your binding agreement to these Terms, including the dispute resolution and arbitration provisions. If at any time you disagree with these Terms, you must refrain from using the Services. These Terms, along with our Privacy Policy and Abuse Policy, contain the entire agreement between you and freenode, and supersede any prior agreements or arrangements with you that relate in any way to our Services.

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

Accessing and Using the Services

Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface as provided. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. You agree not to upload, post, discuss, request, or link to anything that violates local or United States law. We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not ours. This content is the sole responsibility of the entity or individual that makes it available. We do not monitor or review content as a matter of course. However, if it comes to our attention that there is content determined to be illegal, we will take any and all necessary actions to comply with applicable laws and regulations including removing such content and banning further display of any additional content from the violating user. Again, that does not mean that we review or pre-screen content, so please don't assume that we do. Some of our services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

No spamming or flooding of any kind. No intentionally evading spam or post filters.

Additionally, by using our Services, you agree not to:

  • intentionally harm jeopardize the health or safety of others or yourself

  • post anyone's sensitive personal information that related to that person's real world or online identity.

  • post any child pornography or sexually suggestive content involving minors.

  • encourage harm against any individual or people

As you use freenode, please remember that your speech may have consequences and could lead to criminal and civil liability.

Warranty

YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED AS-IS. YOU AGREE THAT USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FREENODE ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF OUR WEBSITE OR ANY CONTENT MADE AVAILABLE THROUGH OUR WEBSITE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON DNS.LIVE OR ANY CONTENT MADE AVAILABLE THROUGH DNS.LIVE, NOR FOR YOUR INABILITY TO ACCESS OR USE OUR WEBSITE OR ANY CONTENT MADE AVAILABLE THROUGH OUR WEBSITE.

Indemnity

You shall indemnify, defend and hold harmless freenode and its affiliates and their respective members, shareholders, managers, directors, officers, employees, agents from and against any and all claims, demands, losses, liabilities and expenses, including reasonable fees of attorneys, accountants and other professionals, arising out of or in connection with (a) your use of the https://freenode.net website or any content made available through our website, (b) your breach or violation of any of these Terms, or (c) your violation of the rights of any third party.

Notice

We may give notice to you by means of a general notice through our website or other means. Notices that we deliver by a general notice through our website shall be deemed delivered when posted. You may give notice to freenode by certified mail, Federal Express, UPS or Express Mail (in each case signature required) to freenode, Attn: Legal Department, 5900 WILSHIRE BLVD SUITE 2110, LOS ANGELES, CA 90036, USA, which shall be deemed effective and received when actually received by us.

Assignment

You shall not assign these Terms without our prior written approval, and any purported assignment without that approval shall be void and of no effect. We may assign these Terms without your consent to any subsidiary or affiliate and to any purchaser of all or substantially all of its business to which these Terms relate.

Severability

If any provision of these Terms would be held in any jurisdiction to be invalid, prohibited or unenforceable for any reason, that provision, as to that jurisdiction, shall be ineffective, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. Notwithstanding the foregoing, if that provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in that jurisdiction, it shall, as to that jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.

Amendments

We may amend these Terms from time to time by posting an updated version of these Terms on our website, which will take effect when so posted. Your continued use of our website after any such update will constitute your agreement to the updated Terms. Accordingly, we encourage you to periodically review these Terms.

Settling disputes, Governing law, and Courts

California law will govern all disputes arising out of or relating to these Terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Los Angeles County, California, USA, and you and we consent to personal jurisdiction in those courts.

To the extent that applicable local law prevents certain disputes from being resolved in a California court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying California law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence.

Arbitration.

Purpose. The term "Dispute" means any dispute, claim, or controversy between you and us regarding these Terms or the use of our Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any company, subsidiary, parent, vendor associated with us that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and us that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

Disputes may be settled outside of court.

Exclusions from Arbitration. YOU AND US AGREE THAT ANY CLAIM FILED BY YOU OR BY US IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY FREENODE IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 5900 WILSHIRE BLVD SUITE 2110, LOS ANGELES, CA 90036, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.

Notice of Dispute. IF YOU HAVE A DISPUTE WITH PODESTA.PIZZA WEBSITE, YOU MUST SEND WRITTEN NOTICE TO FREENODE, 5900 WILSHIRE BLVD SUITE 2110, LOS ANGELES, CA 90036, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: FREENODE: DISPUTE RESOLUTION" TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we do not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or we may pursue your claim in arbitration pursuant to the terms in this Section.

No class action lawsuits.

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND US SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.

Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or we elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Arbitration Procedures. Because your Dispute with us may concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with us as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to us. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration. You or we may initiate arbitration in either Los Angeles County, California or the United States county in which you reside. In the event that you select the county of your United States residence, we may transfer the arbitration to Los Angeles, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

Last update: 2021-11-23 19:07:00