By clicking the "I AGREE" button and accessing any part of this website, you agree that you have read, understood, and agreed to this user agreement.

2. General Rules

2.1 You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the FreakingNews.com Service, whether you just browse the FreakingNews.com Web Site, use its freely-available services, enter contests as a Member, create websites as a Member, purchase Products as a Member or operate a Site as a Siteowner. You can read the complete guidelines here.

2.2 FreakingNews.com will only provide the FreakingNews.com Service to persons and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, minors may not use the FreakingNews.com Service.

2.3 FreakingNews.com may modify the FreakingNews.com Service at any time with or without notice to you.

2.4 If FreakingNews.com determines, in its sole and absolute discretion, that you will breach a term or condition of this Agreement by uploading, designing, manufacturing, marketing or selling a Product that infringes the rights of others or otherwise does not meet the standards of FreakingNews.com, FreakingNews.com may cancel any order for such Product without any liability to you or any third party.

3. Opening an Account

3.1 To become a Member, you must open an account with FreakingNews.com through its online registration process. Only Members have the right to purchase Products, become Siteowners and use certain portions of the FreakingNews.com Service.

3.2 To become a Siteowner, you must open and maintain a Site using the FreakingNews.com Service. Only Siteowners have the right to design, manufacture, market or sell Products and use certain portions of the FreakingNews.com Service.

3.3 You must provide FreakingNews.com with accurate and complete contact and payment information if you open an account with FreakingNews.com. You must promptly notify FreakingNews.com if any of this information changes.

3.4 You will need to select a password if you open an account. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify FreakingNews.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify FreakingNews.com immediately if you become aware of any other breach or attempted breach of the security of the FreakingNews.com Service.

4. Your Conduct

4.1 Generally, you must use the FreakingNews.com Service in a manner that demonstrates good taste and respect for the rights of FreakingNews.com and third parties. You can read the complete guidelines here.

4.2 If you open a Site, you will be solely and exclusively responsible for ensuring that the Site, its contents and the contents of any web sites linked to your Site, are in compliance with the terms and conditions of this Agreement and all applicable laws, regulations and rules.

4.3 You will not use the FreakingNews.com Service to post content or to design, manufacture, market or sell a Product that (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is generally offensive or in bad taste.

4.4 You will not (i) use "spam," "blast-faxes" or recorded telephone messages to market or sell Products, (ii) interfere with the FreakingNews.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware, (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the FreakingNews.com Service, (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the FreakingNews.com Web Site, (v) collect electronic mail addresses or other information from third parties by using the FreakingNews.com Service, (vi) impersonate another person or entity, (viii) engage in any activity that interferes with any third party's ability to use or enjoy the FreakingNews.com Service or (ix) assist any third party in engaging in any activity prohibited by this Agreement.

5. Terms of Upload. You agree to follow the Freaking News guidelines that govern uploading.

6. Intellectual Property Rights

6.1 FreakingNews.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the FreakingNews.com Service, and FreakingNews.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefore. You will not acquire any right, title or interest in any rights of FreakingNews.com under this Agreement or otherwise.

6.2 You hereby grant to FreakingNews.com an unlimited non-exclusive, royalty-free right, to utilize any content submitted to FreakingNews.com including but not limited to your trademarks, trade names, designs, images, logos and other creative works (collectively referred to as "Party Marks") in connection with the advertising, promotion, production and sale of the products and services you choose to sell in accordance with this Agreement.

6.3 You grant FreakingNews.com permission to reproduce your Party Marks in FreakingNews.com marketing, advertising and other uses, provided FreakingNews.com credits you as actual owner of the Party Marks on the Freaking News website within a reasonable period of time subsequent to submission. Content submitted to FreakingNews.com contests wherein there exists a time limit on the contests' duration may not be credited to you until the contest has officially expired. Contest expiration is determined at the sole discretion of FreakingNews.com. A reasonable period of time subsequent to submission may take into account, but is not limited to, the expiration date of contests.

6.4 If you submit content to FreakingNews.com (on a message board, in connection with your participation in a FreakingNews.com contest, or otherwise) you hereby grant FreakingNews.com an unrestricted and unlimited license to use such content (or any portion thereof) on the FreakingNews.com Web Site, in email "newsletters" or other promotional materials (collectively referred to as "Promotions") to promote or advertise any of your Sites or the FreakingNews.com Service, or to republish such content on the FreakingNews.com site or affiliates' sites, as the company sees fit, with or without identifying the content as yours on the Promotions, provided that your content is is identified as yours on the Freaking News website within a reasonable period of time subsequent to submission to FreakingNews.com.

6.5 Images and artwork you created with FreakingNews.com software and/or web services may be used on your Web site, or any other reproduction, provided the images and artwork are used to represent the services provided by FreakingNews.com.

6.6 FreakingNews.com does reserve the right to merge it's logo or other messages onto your submitted content for display on its website and other services.

6.7 If you submit content to FreakingNews.com, you hereby grant FreakingNews.com an unrestricted and unlimited license to print and sell the content on Products (including, but not limited to prints, mouse pads and t-shirts), in accordance with the following terms:

1. You will have the ability to opt out of future sales via this service at any time, via your User Preferences page. 
2. You will receive a maximum of 50% of net profits resulting from the sale of any Product with your content on it. Net profits will be determined by FreakingNews.com at its sole discretion, but equals approximately 25-30% of the Products' retail price.
3. Royalties will accumulate in your account and will be distributed in six(6) week cycles to all those with a minimum balance of $25 in their accounts. Payment will be sent only via the method selected on the User Preferences page.
4. If your account is active and has still not reached the minimum royalties quota of $25 after four(4) billing cycles have passed, FreakingNews.com will pay you in site credits (for use in entering contests).
5. If your account is not active and has still not reached the minimum royalties quota of $25 after four(4) billing cycles have passed, FreakingNews.com will charge you a processing fee equal to the amount of royalties currently in your account. 
6. If you do not list valid payment information, FreakingNews.com will charge you a processing fee equal to the amount of accumulated royalties currently in your account.
7. If you use this service in conjunction with any illegal activities, including but not limited to, (deliberately uploading another entities intellectual property without authorization, or spamming), FreakingNews.com will charge you a processing fee equal to the amount of accumulated royalties currently in your account and reserves the right to terminate your account and pursue legal action against you.
8. If FreakingNews.com terminates your account for any reason, at its sole discretion, FreakingNews.com will charge you a processing fee equal to the amount of accumulated royalties currently in your account and will no longer offer your Products for sale.

6.8 Should the publicity afforded you via the FreakingNews.com web site result in a commercial solicitation for any material you have uploaded to the FreakingNews.com site or for future material, you are obligated to inform us and to pay Freaking News the following:

1. 25% of the resulting gross transaction costs.
2. 10% of all future transactions from this client for a period of 1 year.

7. Representations and Warranties

7.1 Each party represents and warrants to the other party (i) that it has the full power and authority to enter into and perform under this Agreement, (ii) the execution and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement is a legal, valid and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions.

7.2 You represent and warrant to FreakingNews.com that any content you submit to FreakingNews.com and any Product that you design, manufacture, market or sell using the FreakingNews.com Service will not infringe the copyright, trademark, patent, trade secret, rights of privacy and publicity or other legal right of any third party.

8. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

8.1 FreakingNews.com PROVIDES THE FreakingNews.com SERVICE ON AN "AS IS" BASIS. FreakingNews.com DOES NOT REPRESENT OR WARRANT THAT THE FreakingNews.com SERVICE OR ITS USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. FreakingNews.com MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

8.2 THE THIRD-PARTY LINKS, SERVICES, RESOURCES AND INFORMATION THAT FreakingNews.com PROVIDES ON OR MAKES AVAILABLE THROUGH THE FreakingNews.com WEB SITE ARE NOT CONTROLLED BY FreakingNews.com. ACCORDINGLY, FreakingNews.com MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.

8.3 FreakingNews.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE FreakingNews.com SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.4 EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF (i) THE AMOUNT PAID BY FreakingNews.com TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.

9. Indemnification. You will indemnify and hold FreakingNews.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Indemnified Parties insofar as such Claim alleges facts or circumstances that would constitute a breach of any provision of this Agreement by you. If you are obligated to provide indemnification hereunder, FreakingNews.com may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the consent of FreakingNews.com. If you are obligated to provide indemnification hereunder, FreakingNews.com may withhold any payment it is otherwise required to make to you under Section 5 as a set off against your indemnity obligations.

10. Third-Party Services. FreakingNews.com may use third-parties to provide certain services that you may link to from FreakingNews.com. For example, the FreakingNews.com site uses the PayPal.com website to conduct monetary transactions. These services may have their own terms of use and other policies. You will be governed by such terms and policies as well as the terms of this Agreement.

11. Additional Terms. The following agreements, rules and policies contain additional terms and conditions that govern your use of the FreakingNews.com Service. FreakingNews.com reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the FreakingNews.com Service constitutes your acceptance of such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the following conflict with the terms of this Agreement, the terms of this Agreement will govern and be given precedence.

11.1 FreakingNews.com may conduct contests in accordance with its Contest Rules.

12. Termination

12.1 In its sole and absolute discretion, with or without notice to you, FreakingNews.com may (i) suspend or terminate your use of the FreakingNews.com Service, (ii) terminate your account, (iii) remove any of your Images, Websites or Sites from FreakingNews.com's servers and (iv) prohibit you from opening any new Websites, Sites or creating new contest entries.

12.2 If you are a Member, you may terminate your account for any reason at any time by contacting us of your intention. We reserve the right to site, maintain and display all images uploaded by you in the past, even if you terminate your account.

12.3 This Agreement will survive indefinitely unless and until FreakingNews.com chooses to terminate it, regardless of whether any account you open is terminated by you or FreakingNews.com.

12.4 If you or FreakingNews.com terminate your account, or if FreakingNews.com takes any action pursuant to Section 12.1, FreakingNews.com may delete any web sites, web pages, files, graphics or other content or materials relating to your use of the FreakingNews.com Service on FreakingNews.com's servers or otherwise in its possession and FreakingNews.com will have no liability to you or any third party for doing so. If you or FreakingNews.com terminate your account you must immediately remove all links to the FreakingNews.com Web Site from any web sites you operate and cease representing yourself as a Member and/or Siteowner.

13. Notices. All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to FreakingNews.com, you must use the address first set forth above or the following email address: admins@FreakingNews.com. If FreakingNews.com provides notice to you, FreakingNews.com must use the contact information provided by you to FreakingNews.com. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by U.S. mail, on the date of receipt appearing on the return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated.

14. Miscellaneous. This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles. Any action or proceeding to enforce this Agreement will be brought in the federal or state courts located in NY, New York. This Agreement will not be assignable or transferable by you without the prior written consent of FreakingNews.com. This Agreement (including all of the agreements, rules and policies described in Section 11, which are hereby incorporated herein by this reference) contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. You and FreakingNews.com are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.