Last Updated: April 06, 2019

Thank you for choosing to be part of our community at Freebs Inc, doing business as Freebs (“Freebs”, “Us”, “The Company”, “We” or “Our”). We are committed to providing a safe and fair environment for all our user. If you have any questions in regard to our terms, please feel free to contact us at support@freebs.io. 

Please read these terms of services carefully as they contain arbitration provisions that are mandatory and waive class actions. These clauses affect your rights and your options to resolve disputes with us. By accessing our website, applications (“Sites” and “Apps”) and services (includes but not limited to sales, marketing or events), you agree to all the terms described in this. Our Terms of Use constitute a legally binding agreement between you, whether on behalf of an entity and Freebs Inc (Freebs Entities), concerning your access to and use of our Sites, Apps, and Services. If you do not agree to all these terms, do not access or use our Sites, Apps, and Services.

Your use of our Sites, Apps, and Services is subject to our Privacy Policy (here). Please review our Privacy Policy, which also governs the Site, Apps and Services and information users of our data collection practices.

Our Sites, Apps, and Services are not targeted for no intended for use by anyone under the age of thirteen (13). For users between the age of thirteen (13) and eighteen (18), access or use of our Sites, Apps, and Services is permitted with the supervision of a parent or authorized guardian who agrees to be bound by our Terms of Use.

You the user represent that you are older than thirteen (13) years old. If you are between the ages of thirteen (13) and eighteen (18) years old, you certify that you are using this service only under the supervision of your parent or legal guardian and that your parent or legal guardian agree to be bound by these Terms and any applicable additional terms. In addition, your parent and legal guardian agree to be responsible for your omissions.

You the user further warrant that:

(i) You have not been previously suspended, barred or removed from using any of our Sites, Apps, and Services.

(ii) If you are representing a legal organization that you are authorized to do so under the rules and policies of that organization as well as within the applicable laws of the jurisdiction of that legal organization. You further warrant that organization legally exists under applicable laws of its jurisdiction.

We have not reviewed all of the sites linked to our sites or the advertisements made by our partners and are not responsible for the content of any such content. The presence of links and or content either in user posts or in 3rd party advertisements does not constitute an endorsement of the links and the parties responsible for the links by us. The use of those links or 3rd party content it at the user’s own risk.

We further warrant that we are not responsible for in-house advertisement content (our advertising slots bought by 3rd parties to advertise their goods, services, and bulletins) nor do we endorse the parties that choose to advertise on our Sites, Apps, and Services.

Some of the features on our Sites. Services and Apps require that a user be registered. In order to register an account with us, you must provide certain information as well as answer all questions in fields marked required. This shall constitute your registration data. Your registration data is subject to our Privacy Policy. You can access the current Privacy Policy under the F.A.Q tab of our Apps or at the bottom(footer) of our Sites. You can also request the Privacy Policy by emailing us at support@freebs.io.

By registering and creating an account on our Sites, Apps, and Services, you warrant that:

             (i) You provided true, accurate and complete Registration Data.

(ii) It is your responsibility to maintain and update your registration data so at to keep it true, accurate current and complete.

(iii) It is your responsibility to maintain the security of your registration data by maintaining the confidentiality of your login credentials.

(iv) You consent and authorize us to contact you for the purposes of confirming all of your Registration Data when necessary to conduct research and resolve disputes.

Freebs is a classifieds platform/marketplace that connects users who would like to post or find free things. As such the platform does not allow charging for the posted items on our platform. For clarification, you can picture the Freebs service as the “Free” section of other popular classifieds marketplaces. Below are terms that are used with our service:

• “Freebs” are the items listed to be given away or to be picked up by other users.
• “Posters” are individuals who are posting “Freebs” to give away.
• “Grabbers” are the users who are interested in picking up a “Freeb” posted by the “Posters”

(a) Posters

As a “Poster”, you the user may post any item that you own, or items owned by others as long as you have explicit written proof authorizing you to make such a post from the legal owners of the items. You the user also warrants that you will not ask a “Grabber” for payment for said items. You the user also warrants that you are posting items in line with our Terms of Use as well as within the legal guidelines of the jurisdiction you domicile.

You the “Poster” by agreement with a “Grabber”, may arrange pickup of items or to meet in person to complete the transfer of items to the “Grabber”. Freebs is not a party to such arrangements and does not facilitate the transfer of items or returns in any many.

(b) Grabbers

As a “Grabber”, you the user can grab, or pick up items posted on our platform. You the user also warrant that in picking up “Freebs”, you will abide by our Terms of Use as well as do so within the legal guidelines of the jurisdiction you domicile. Because Freebs is a free service that allows other users to list items for free, you the user as a “Grabber” are not obligated to exchange any listed items for monetary exchange or barter for other goods or services. Should a “Poster” request this from you or force you into such agreement please contact us at support@freebs.io with the subject “Violation” for an expedited response.

Furthermore, it is the responsibility of the “Grabber” to pick up the requested items from the “Poster”. It is also the responsibility for you the “Grabber” to settle any expenses that may be incurred by you the “Grabber” in picking up the listed Freeb. However, if the “Poster” and the “Grabber” reach a written agreement, both parties are expected to abide by the terms of that agreement.

(c) Fees

Freebs charges no fees for posting or grabbing listed items. All posts made on our platform are also Free there should be no dollar amount reflected in our posts. However, dollar signs or monetary values may be shown in our in-house advertisements in the advertisements of our 3rd party advertising partners.

(d) Assignment of a Grab and Points      

When a “Poster” and a “Grabber” agree on pick up details and proceed to conclude the transaction, we assign points to both users. The point system is fixed but the value is at our discretion. As a” Poster”, it is your responsibility to assign the Freeb to the “Grabber” whether the “Grabber” has requested this assign or not. This is the only way in which our platform can recognize that an exchange has occurred. As the “Grabber” it is your responsibility to request that the Freeb you are picking up be assigned to you.

Failure of a “Grabber” to assign a Freeb to a “Poster” constitutes are a violation of our Terms of Use.

(d) Violations

Your access to our Sites, Apps, and Services may be revoked, disabled or limited if the listing, exchange, and assignment of the Freeb violate our Terms of Use either actively or by an omission of a responsibility by the user.

(d) Transactions Finality              

We offer no warranty and do not facilitate the transfer of the items listed on our Sites, Apps, and Services. As a result, all pickups of items we list are FINAL. There are no refunds as there are no monetary exchanges to be made.

(e) Taxes             

All the items listed on our site are free. We do not collect taxes. However, should taxes be applicable in your jurisdiction for an item you post or acquire on our Site, Apps or Services, you the user are responsible for the collection, withholding, reporting and remitting to the appropriate authorities all applicable taxes.

By accessing our Sites, Apps, and Services, you the user agree to not violate any law, contract, intellectual property or other third-party party rights, or commit a tort or fraud through our Sites, Apps, and Services. Furthermore, you agree you will not permit yourself or a third party to:

• Engage in any unauthorized use of the Freebs Sites, Apps, and Services. Unauthorized uses include but are not limited to political campaigning, advertising, marketing or promotion outside of our Commercial Advertising Program (please our Commercial Advertising Program section)
• Commit copyright infringement by transmitting or making available copyright content that you do not have the authority, right to disseminate, copy or giveaway
• Transmit any harmful, fraudulent, deceptive, unlawful, untrue, defamatory, obscene and objectionable content and material using our Sites, Apps, and Services
• Transmit or reveal information that may expose our users, business partners, affiliates and licensors to any harm of liability
• Upload, transmit and list any items that are on our Prohibited Items list. Please see our prohibited items list for clarification below
• Reverse engineer and decompile any of our source code for our Sites, Apps and Services as well as to recreate the source code to any other software
• Distribute the source code of our Sites, Apps and Services to third parties
• Use or attempt to use another user’s account without the explicit written consent of the user
• Use the Freebs Sites, Apps and Services in illegal or unauthorized purposes
• Use the Freebs Sites, Apps and Services to engage in or encourage or promote activities that are unlawful, misleading, malicious, discriminatory, including but not limited to a violation in our terms
• Use Freebs Sites, Apps and Services to engage in any money-laundering, terrorist activities or extortion
• Use Freebs Sites, Apps and Services to engage in illegal gambling and fraud-related activities
• Provide inaccurate information or falsify information when registering an account on our Sites, Apps and Services including intentional misrepresentation of your identity
• Use the Freebs Sites, Apps and Services in manners that may cause harm to our systems and networks (including systems and networks connected to us) either by disablement, blockage, overburdening or other forms of impairment
• Negatively affect the user experience of other users by interfering with their access such as in the case of but not limited to actively attempting to obtain other user’s account information, password or other security information
• Violate the Terms of other services and networks that are connected to our Sites, Apps and Services
• Create more than one account or create another account without authorization from us
• Invade the privacy or harass other users
• Attempt to hack, probe, circumvent and or disable any of our security measures
• Develop and or integration of scripts and software for our Sites, Apps and Services without our explicitly written consent
• Use automated means such as bots, web scrapers, crawlers other software means to interface with our Sites, Apps, and Services to collect data, general information, user information or content
• Use Freebs Sites, Apps and Services in a manner that exposes any harm to Freebs Inc
• Use Freebs Sites, Apps and Services to list, upload or giveaway items that do not belong to you or without explicit written consent of the item owners
• Obscure or disable any of the advertisements that appear on our Sites, Apps and Services
• Alter, remove or obscure any of our copyright information and labels
• Transfer any rights granted to you by us while using our Sites, Apps and Services to other parties
• Use Freebs Sites, Apps, and Services to infringe or violate any rights (intellectual property rights, copyright among others) of anyone else including us (Freebs Inc.)
• Encourage, entice, suggest, enable, assist, induce third parties to engage in the activities prohibited in this Acceptable Use section

While using our sites, users have an opportunity to rate their experience with other users. Your ratings and comments on other users must abide by our terms of use as specified in 7. Acceptable Use and Community Guidelines Section. Your comments and ratings constitute content and shall be subject to the guidelines of 10.User Uploaded Content. Comments and reviews also constitute user to user communication, as a result, your conduct in so doing shall be subject to the guidelines of 12.Use of Communication Services. We make no warranty, nor do we consider any of the ratings or comments as factual, correct or current. By using our Sites, Apps, and Services, you the user take full responsibility for the content you enter as comments about other users. Furthermore, you take full responsibility for the ratings that you assign to other users. 

Freebs reserves the right, in its sole discretion, to terminate your access to our Site, Apps and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Freebs as a result of this agreement or use of the Site. Freebs's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Freebs's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Freebs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Freebs with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Freebs with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Freebs does not claim ownership of the materials you provide to our Sites, Apps, and Services (including feedback and suggestions) or post, upload, input or submit to any Freebs Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Freebs is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Freebs's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. If you do not own the rights, you warrant that you have received explicit written consent from the legal owner of those rights to make such submissions.

We reserve the right to moderate access and use of our Sites, Apps, and Services. In moderating we may block, filter, delete, delay or omit services, features and content. In moderating, we may also completely terminate your access. Furthermore, we may remove any and all of your postings or content if they do not comply with our Terms or if they do not comply with our Prohibited Guidelines and Community Guidelines.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Freebs has no obligation to monitor the Communication Services. However, Freebs reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Freebs reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Freebs reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Freebs's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Freebs does not control or endorse the content, messages or information found in any Communication Service and, therefore, Freebs specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized Freebs spokespersons, and their views do not necessarily reflect those of Freebs.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

As a registered or unregistered user, you authorized to access our Sites, Apps, and Services for the purposes for which we intend to make our Sites, Apps, and Services available. Our Sites, Apps, and Services shall not be used for any commercial endeavors except for those that are specifically endorsed and approved by us.

(a) Ownership

You cannot post or list any items that are not yours or items to which you have no legal authority to obtain or be in possession of. Should you be in the possession of and have the authority to list items that are not yours, please provide written proof acknowledging that you have the right to so from the legal owners of the property.

Furthermore, you cannot post or acquire any stolen property, burglary tools or information whose serial or identification numbers have been altered or removed.

(b) Financial Instruments

You cannot list stocks and securities as defined by the S.E.C, stolen goods, hacking tools, bio-hazard material, nuclear material and explosives of any kind.

(c) Adult Content

This is a community geared towards promoting a family safe and welcoming environment. Adult content such as adult videos, magazines, images, props and suggestion that represent adult content is prohibited. In addition, you cannot list any adult toys

(d) Alcohol, Drugs, Guns, Tobacco

You cannot list any drugs, alcohol, tobacco, and firearms of any nature (this includes but is not limited to alcoholic products, tobacco, e-cigarettes, prescription drugs, over the counter drugs, and devices that fire propelled projectiles, devices the fire non-propelled projectiles). You also cannot post any firearms as defined by the ATF, any gun parts, fireworks, stun devices and reloading material including but not limited to ammunition and ammunition trays.

(e) Animals and Animal Matter

You cannot list any live animals. You also cannot list fossils as well as skin and bones of any endangered species this includes any endangered and or imperiled or protected species’ parts of any kind e.g. ivory, feathers, fins. Re-homing pets (no fee) may be ok depending on the jurisdiction where you domicile. Please check with your local authorities and consult with an attorney before you create a post or decide to acquire an animal in need of rehoming using our Sites, Apps or Services.

(f) Food and Cosmetics

You cannot post any prepared food as well as any unpackaged or adulterated food or cosmetics.

(g) Recalled Items

Please make sure that the items you list are legal and safe to use. Any recalled items as issued by the following government agencies are prohibited on our Sites, Apps, and Services:

                (i) United States

                SaferProducts.gov

                Recalls.gov

                Safercar.gov

                Consumer Product Safety Commission (cpsc.gov)

                Reseller’s Guide to Selling Safer Products

                (ii) Canada

                Health Canada Consumer Product Safety (hc-sc.gc.ca)

                (iii) UK

                Royal Society for the Prevention of Accidents (rospa.com)

                (iv) Europe

                European Union Consumer Safety (ec.europa.eu)

                (v) Australia

                Product Safety Australia (productsafety.gov.au)

It is your responsibility as a user whether you are listing an item, or you are looking for an item to validate and confirm that the item in question is not a recalled item and that it is safe to use as per the guidelines of the government agencies listed above.

(h) Hazardous Material

You cannot list hazardous material, either of a biological, chemical, nuclear or gaseous matter. Body parts or any kind including human body parts are strictly prohibited on our Sites, Apps, and Services. Furthermore, you cannot list, any unsensitized bedding, clothing, utensils and medical devices to which have come in contact with body fluids, skin or any other hazardous materials.

(i) Government Vouchers

You cannot list any government assistance vouchers such as but not limited to WIC vouchers, SNAP, WIC goods or food stamps.

(j) Child Protection

You cannot list any content or items that offer, exploit or endanger minors including but not limited to child pornography.

(k) Fraud and Deception             

You cannot list any content that aims to mislead, deceive, defraud, steal from or injure any user or non-users using our Sites, Apps, and Services. Furthermore, you cannot post any false information or content whatsoever.

(l) Identification Documents

 You cannot post any identification documents either your own or any other individual. This includes but is not limited to national, local, state or federal identification cards, licenses, birth certificates, and other government documents. Furthermore, you cannot post any insignia that identifies as belonging to a current government such but not limited to street signs and police and military insignia without the explicit written approval of the parties responsible for those materials.

(m) Gambling Items        

You cannot list any gambling related items that include but not limited to slot machines, lottery tickets, sweepstakes entries, raffles, and any general gambling items as defined by the laws in regard to gambling of the jurisdiction where you domicile.

(n) Restricted Transfer 

You cannot list any items or content that are restricted by law or by the manufacturer from the transfer of ownership. Users are responsible for verifying that items they list or acquire are illegible for ownership transfer

(o) Spam

You cannot list content that is intended to mislead users either by intentional miscategorization, over posting or cross-posting content from other sources other than from our Sites, Apps, and Services.

(p) Redirection  

You cannot list content or contact other users for the purposes of driving traffic to other websites or applications.

(q) Solicitation and Marketing    

You cannot list and any items or make a post with email offerings, promoting products and services that are unsolicited including any posts related to affiliate marketing, network or multi-level marketing and or pyramid schemes.            

(r) Language and Etiquette

You cannot list items or post any content in communication with other users or in the description of your items with language that is false, misleading, offensive, obscene, defamatory, threating or malicious.             

(s) Exploitation

You cannot post, or list offers that solicit or facilitate illegal prostitution, sex trafficking, drug sales or any other illegal enterprise.

(t) General

You cannot list items or post content that violates the law or legal rights of others as well as our terms or use.