As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without
written permission from us.
-
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive
account information such as user passwords.
-
Circumvent, disable, or otherwise interfere with
security-related features of the Services,
including features that prevent or restrict the
use or copying of any Content or enforce
limitations on the use of the Services and/or the
Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services.
-
Use any information obtained from the Services in
order to harass, abuse, or harm another
person.
-
Make improper use of our support services or
submit false reports of abuse or misconduct.
-
Use the Services in a manner inconsistent with
any applicable laws or regulations.
-
Engage in
unauthorized
framing of or linking to the Services.
-
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other
material, including excessive use of capital
letters and spamming (continuous posting of
repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or
maintenance of the Services.
-
Engage in any automated use of the system, such
as using scripts to send comments or messages, or
using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete the copyright or other proprietary rights
notice from any Content.
-
Attempt to impersonate another user or person or
use the username of another user.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as
"spyware" or
"passive collection mechanisms" or "pcms").
-
Interfere with, disrupt, or create an undue
burden on the Services or the networks or services
connected to the Services.
-
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any
portion of the Services to you.
-
Attempt to bypass any measures of the Services
designed to prevent or restrict access to the
Services, or any portion of the Services.
-
Copy or adapt the Services' software, including
but not limited to Flash, PHP, HTML, JavaScript,
or other code.
-
Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a
part of the Services.
-
Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorized
script or other software.
-
Use a buying agent or purchasing agent to make
purchases on the Services.
-
Make any
unauthorized
use of the Services, including collecting
usernames and/or email addresses of users by
electronic or other means for the purpose of
sending unsolicited email, or creating user
accounts by automated means or under false
pretenses.
-
Use the Services as part of any effort to compete
with us or otherwise use the Services and/or the
Content for any revenue-generating
endeavor
or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or
post content.
We may provide you with the opportunity to
create, submit, post, display, transmit,
perform, publish, distribute, or broadcast
content and materials to us or on the Services,
including but not limited to text, writings,
video, audio, photographs, graphics, comments,
suggestions, or personal information or other
material (collectively,
"Contributions"). Contributions may be viewable by other users
of the Services and through third-party
websites.
When you create or make available any
Contributions, you thereby represent and warrant
that:
You and Services agree that we may access, store, process,
and use any information and personal data that you
provide and your choices
(including settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback
for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree
to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your
Contributions.
7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
8. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents
of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to
update any information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms
will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
10. GOVERNING LAW
These Legal Terms shall be governed by and defined following
the laws of the United Kingdom. thefyrewire and yourself
irrevocably consent that the courts of
the United Kingdom
shall have exclusive jurisdiction to resolve any dispute which
may arise in connection with these Legal Terms.
11. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively,
the "Disputes")
brought by either you or us (individually, a
"Party" and collectively, the
"Parties"), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
7 days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal
Terms, including any question regarding its existence, validity,
or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The
number of arbitrators shall be
1. The seat, or legal place,
or arbitration shall be 1. The language of the proceedings shall be
British English. The governing law of these
Legal Terms shall be substantive law of
United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to
utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
12. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information
on the Services at any time, without prior notice.
13.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US
OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the
Services; (2) breach
of these Legal Terms; (3) any breach of your representations and warranties set forth
in these Legal Terms; (4) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume
the exclusive defense
and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense,
with our
defense
of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
16. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to
any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of
such data.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights
or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means
other than electronic means.
18. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does
not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms
and the lack of signing by the parties hereto to execute these
Legal Terms.
19. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services,
please contact us at:
thefyrewire
michael-hay369@hotmail.co.uk