Terms of Service

Terms & Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our web and mobile applications, hereby referred to as “applications.”

1.2 By using our applications, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our applications.

1.3 If you register with our applications, submit any material to our applications or use any of our applications services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 13 years of age to use our applications; by using our applications or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.

1.5 Our applications uses cookies; by using our applications or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Copyright notice

2.1 Copyright (c) 2017 FireFan.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our applications and the material on our applications; and

(b) all the copyright and other intellectual property rights in our applications and the material on our applications are reserved.

3. License to use applications

3.1 You may:

(a) view pages from our applications in a web browser;

(b) stream audio and video files from our applications; and

(e) use our applications services by means of playing the game subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our applications or save any such material to your computer.

3.3 You may only use our applications for your own personal and business purposes, and you must not use our applications for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our applications.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our applications (including republication on another applications);

(b) sell, rent or sub-license material from our applications;

(c) show any material from our applications in public;

(d) exploit material from our applications for a commercial purpose; or

(e) redistribute material from our applications.

3.6 We reserve the right to restrict access to areas of our applications, or indeed our whole applications, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our applications.

4. Acceptable use

4.1 You must not:

(a) use our applications in any way or take any action that causes, or may cause, damage to the applications or impairment of the performance, availability or accessibility of the applications;

(b) use our applications in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our applications to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our applications without our express written consent;

(e) access or otherwise interact with our applications using any robot, spider or other automated means, except for the purpose of search engine indexing;

(g) use data collected from our applications for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our applications to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our applications, or in relation to our applications, is [true, accurate, current, complete and non-misleading].

5. Registration and accounts

5.1 To be eligible for an individual account on our applications under this Section 6, you must be at least 13 years of age.

5.2 You may register for an account by completing and submitting the basic player pre-registration form on our applications, and a confirmation email will be sent to you.

5.3 You must not allow any other person to use your account to access the applications.

5.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

5.5 You must not use any other person's account to access the applications, unless you have that person's express permission to do so.

6. User login details

6.1 If you register for an account with our applications, you will be asked to create a password and your email will be used as your user ID.

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our applications arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1 We may:

(a) suspend your account; and/or

(b) cancel your account; at any time in our sole discretion without notice or explanation.

7.2 You may cancel your account at any time.

8. Your content: license

8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our applications for storage or publication on, processing by, or transmission via, our applications.

8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, and in relation to this applications and any successor applications.

8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6 You may edit your content to the extent permitted using the editing functionality made available on our applications.

8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.

9. Your content: rules

9.1 You warrant and represent that your content will comply with these terms and conditions.

9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

We provide tools for:

(a) Filtering objectionable content.

(b) Users to flag objectionable content.

(c) Users to block abusive users.

9.5 If any objectionable content is reported, the developer must act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content.

10. Limited warranties

10.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our applications;

(b) that the material on the applications is up to date; or

(c) that the applications or any service on the applications will remain available.

10.2 We reserve the right to discontinue or alter any or all of our applications services, and to stop publishing our applications, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any applications services, or if we stop publishing the applications.

10.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our applications and the use of our applications.

11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 To the extent that our applications and the information and services on our applications are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the applications or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these terms and conditions

12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our applications;

(c) permanently prohibit you from accessing our applications;

(d) block computers using your IP address from accessing our applications;

(e) contact any or all of your internet service providers and request that they block your access to our applications;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) [suspend or delete your account on our applications].

12.2 Where we suspend or prohibit or block your access to our applications or a part of our applications, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

13.1 We may revise these terms and conditions from time to time.

13.2 The revised terms and conditions shall apply to the use of our applications from the date of publication of the revised terms and conditions on the applications, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the applications, and you must stop using the applications.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Third party rights

16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17. Entire agreement

17.1 Subject to Section 12.1, these terms and conditions, together with our privacy, shall constitute the entire agreement between you and us in relation to your use of our applications and shall supersede all previous agreements between you and us in relation to your use of our applications.

18. Law and jurisdiction

18.1 These terms and conditions shall be governed by and construed in accordance with Utah Law.

18.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Utah, United States.

19. Statutory and regulatory disclosures

19.1 We are registered in the State of Utah

20. Our details

20.1 This applications is owned and operated by FireFan.

20.2 You can contact us:

(a) 105 South State #126, Orem UT 84058

(b) using our applications contact form;

(d) by email, using support@firefan.com

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