Terms of Service and Conditions
The following terms and conditions govern all use of the Fresalina ® website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms of service and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 13 years old.
Responsibility of Contributors: If you comment, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
Without limiting any of those representations or warranties, Fresalina ® has the right (though not the obligation) to, in Fresalina’s sole discretion (i) refuse or remove any content that, in Fresalina’s reasonable opinion, violates any Fresalina ® policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fresalina’s sole discretion.
Responsibility of Website Visitors: Fresalina ® has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Fresalina ® does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fresalina ® disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Fresalina.com links. Fresalina does not have any control over other websites and is not responsible for their contents or their use. By linking to a website, Fresalina ® does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fresalina ® disclaims any responsibility for any harm resulting from your use other websites.
Copyright Infringement and DMCA Policy. As Fresalina ® asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fresalina ® violates your copyright, you are encouraged to notify Fresalina ® in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. Fresalina ® will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Fresalina ® or others, Fresalina may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Fresalina will have no obligation to provide a refund of any amounts previously paid to Fresalina.
Digital Millennium Copyright Act Notice
If you believe that content available by means of the Website (as defined in our Terms of Service and Condition above) infringes one or more of your copyrights, please notify us by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If Fresalina takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Fresalina.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
An electronic signature of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Fresalina to find and positively identify that content; for example we require a link to the specific blog post that contains the content and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
Your name, address, telephone number and email address; and a statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
If a DMCA notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a contributor and access to the content, we will notify you. You then have the option to send us a counter-notice stating why your content does not infringe copyrights and asking for access to be reinstated. Counter notices need to be sent Here as plain text emails without attachments (email attachments are discarded) and include the following or they will be deemed invalid: Your name, address, phone number and physical or electronic signature; Identification of the allegedly infringing content and its location before disabling access; and a statement under penalty of perjury explaining why the content was removed by mistake or misidentification.
Intellectual Property: This Agreement does not transfer from Fresalina to you any Fresalina or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fresalina. Trademarks, service marks, graphics and logos used in connection with Fresalina, or the Website are trademarks or registered trademarks of Fresalina or Fresalina’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fresalina or third-party trademarks.
Changes: Fresalina reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fresalina may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination: Fresalina may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website.
Disclaimer of Warranties. The Website is provided “as is”. Fresalina and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fresalina nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability: In no event will Fresalina, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fresalina under this agreement during the twelve (12) month period prior to the cause of action. Fresalina shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification: You agree to indemnify and hold harmless Fresalina, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous: This Agreement constitutes the entire agreement between Fresalina and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fresalina, or by the posting by Fresalina of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Rockland County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Rockland County, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fresalina may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Sweepstakes and Giveaway: No purchase necessary to enter. No more than one entry per person. Winner(s) will always be selected at Random. Fresalina reserves the right to terminate the Giveaway in the event of technical problems, or to correct typographical or technical errors, or to amend these rules. No substitution, transfer, or assignment of prizes is permitted. Non-winning entries from one Giveaway are not carried forward to future Giveaways. Winner (s) has to contact Fresalina via email at giveaways (at) fresalina.com within 10 days after winner (s) has been chosen. Open to US residents only. Void where prohibited.