Please Read Carefully Before Using This App/Website:
This App/Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this App/Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App/Website.
A. TERMS APPLICABLE TO ALL USERS
For users who wish to purchase our services or are registered with the App/Website, your use of the App/Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the “I HAVE READ AND AGREE TO THE WEBSITE TERMS AND CONDITIONS” button at the checkout screen.
2. Scope of Use and User E-Mail
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Fire Pixel, a Fire Pixel employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App/Website, or which, as determined by us, may harm Fire Pixel or users of the App/Website, or expose them to liability.
Additionally, you agree not to:
- Use the App/Website in any manner that could disable, overburden, damage, or impair the App/Website or interfere with any other party’s use of the App/Website, including their ability to engage in real time activities through the App/Website.
- Use any robot, spider, or other automatic device, process, or means to access the App/Website for any purpose, including monitoring or copying any of the material on the App/Website.
- Use any device, software, or routine that interferes with the proper working of the App/Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App/Website, the server on which the App/Website is stored, or any server, computer, or database connected to the App/Website.
- Attack the App/Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the App/Website.
Inquiries regarding a commercial relationship with Fire Pixel should be directed to: firstname.lastname@example.org.
The Fire Pixel and Visitor Pro℠ name, the terms, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Fire Pixel or its affiliates or licensors. You must not use such marks without the prior written permission of Fire Pixel. All other names, logos, product and service names, designs, and slogans on this App/Website are the trademarks of their respective owners.
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website (collectively, “Content”) for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute the Content on this App/Website, or the design or layout of the App/Website or individual sections of it, in any form or media. The systematic retrieval of data from the App/Website is also prohibited.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the App/Website without the prior written consent of Fire Pixel is strictly prohibited.
You may not link to this App/Website without Fire Pixel’s written permission. If you are interested in linking to this Website, please contact email@example.com.
4. Our Copyrights and Trademarks
The Content of this App/Website, as well as the organization and layout of this App/Website, are copyrighted and are protected by United States and international copyright laws. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this App/Website, or portions of the App/Website, must include Fire Pixel’s copyright notice. No right, title or interest in any of the materials contained on this App/Website is transferred to you as a result of accessing, downloading or printing such materials.
Except as is expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this App/Website without the prior written permission of Fire Pixel. You may not use a part of this App/Website on any other website, without Fire Pixel’s prior written consent.
The Fire Pixel mark and other marks that we use (“Marks”) are protected under U.S. and other international laws. All of the restrictions relative to our copyrighted materials also apply to our Marks.
Fire Pixel respects the intellectual property rights of others and expects our users to do the same. The policy of Fire Pixel is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
5. No Warranties
You understand that Fire Pixel cannot and does not guarantee or warrant that files available for downloading from the internet or the App/Website will be free of viruses or other destructive code. 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 our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Fire Pixel SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Fire Pixel HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE APP/WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Fire Pixel. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
8. U.S. Resident
You represent that you are a United States resident.
9. User Submissions and Communications; Public Areas
If you make any submission to an area of the App/Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Fire Pixel, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Fire Pixel a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Fire Pixel may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Fire Pixel.
Fire Pixel reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the App/Website, regardless of whether such communication(s) violate these standards.
Fire Pixel reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Fire Pixel has no liability or responsibility to users of the App/Website or any other person or entity for performance or nonperformance of the aforementioned activities.
The App/Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the App/Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this App/Website. Fire Pixel makes no representation that the information, opinions, advice or other content on the App/Website is appropriate or that its products and services are available outside of the United States. Those who choose to access this App/Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
11. Governing Law, Location and Miscellaneous
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
13. DMCA Copyright Policy and Copyright Agent
Fire Pixel respects the intellectual property rights of others. If you believe something on this App/Website has infringed your intellectual property rights, please notify our agent at email@example.com and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Address, telephone number, and, if available, an electronic mail address where we may contact you.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Separate Agreements
15. Waiver and Severability
16. Changes to Terms
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
17. Accounts and Security
Fire Pixel does not warrant that the functions contained in the service provided by the App/Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
- select or use a login name or email address of another person with the intent to impersonate that person;
- use a name subject to the rights of any other person without authorization;
- use a login name or email address that Fire Pixel, in its sole discretion, deems inappropriate or offensive.
You shall notify Fire Pixel of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Fire Pixel’s sole discretion, and you may be reported to appropriate law-enforcement agencies.