TERMS AND POLICIES
Welcome to FIRESIDE!
Membership: You will not be charged unless you choose to continue your membership through an in-app purchase.
1 Year 19.99 USD
The terms “Connect Fireside”, “Fireside”, “we”, or “us” refers to the owners of the website and app. The term “you” refers to the user or viewer of our website.
TERMS OF SERVICE
1. 1GB User Account Capacity
Fireside allocates up to 1GB of server space to each user account. When a user has exceeded their account’s 1GB server space, older postings will be deleted from the server to make room for newer postings.
2. 1-year Data Retention
If a user ceases to pay for their Fireside subscription, Fireside will retain the user account and associated data for up to 1-year’s time. During that time, a user may re-subscribe and reactivate their account from where they left off. After 1 year of non-payment, Fireside will delete the user account and associated data.
3. Data Loss and Maintenance
While we aim to prevent premature loss or deletion of data files on the server, we cannot completely anticipate events like server meltdown, hardware or equipment failure, or human-error. Any information or content that you post, communicate, or receive can be deleted or “lost” at any time without notice, and without the possibility of recovery. We are not a data storage company, instead users are encouraged to maintain back up files of anything they deem important.
5. Code of Conduct
Our Code of Conduct along with the rest of this Agreement governs your acceptable use of Fireside’s services and content, including your rights, obligations and restrictions. Carefully read the Code of Conduct and regularly check for any updates, to ensure that your use of Fireside is not in violation of our policies. The Code of Conduct is accessible here: https://connectfireside.com/code-of-conduct/.
6. Eligibility and Age Restriction
Use of Fireside is void where prohibited. By using the services and registering, you truthfully and accurately represent and warrant the following:
(a) All registration information you submit is truthful and accurate;
(b) You will maintain the accuracy of such information;
(c) You are 18 years of age or older; and
(d) Your use of Fireside does not violate any applicable law or regulation.
Your user profile may be deleted and your registration may be terminated without warning, if we believe that you are less than 18 years of age.
This Agreement shall remain in full force and effect while you use or access Fireside. You may terminate your user registration at any time, for any reason, by following user account procedures or by contacting email@example.com. Fireside may terminate your registration at any time, without warning. Even after registration is terminated, this Agreement will remain in effect.
8. Termination Or Restriction Of Access
Fireside reserves the right, in its sole discretion, to terminate your access to any or all of Firesides services at any time, without notice. This Agreement will remain in effect even after termination of access.
9. Intellectual Property
Trademarks, logos, copyrighted material, or other intellectual property or proprietary information (collectively referred to as “content”) appearing on or through Fireside are the property of Fireside or the party that provided the content to Fireside, and subject to protection under applicable U.S. and foreign intellectual property laws and treaties. Fireside and any party that provided content to Fireside retain all rights with respect to any of their respective content appearing on or through the services. Reproduction of content owned by Fireside or any other party is strictly prohibited.
10. Copyright Policy
You may not reproduce or use the trademarks, logos, copyrighted work, or other intellectual property or proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Fireside to terminate user privileges of any user who repeatedly infringes the copyright of others upon Fireside having received prompt notification by the copyright owner or the copyright owner’s legal agent.
If you believe that your copyrighted work has been copied and is accessible on or through Fireside’s services in a way that may infringe your copyright or any other intellectual property rights, please contact our designated agent at: firstname.lastname@example.org
Please provide our designated agent a written notice with the following information:
i) Electronic or physical signature of authorized representative the copyright owner;
ii) Description of the copyrighted material that you claim has been infringed;
iii) Description of where the material that you claim is infringing is located on the services;
iv) Your address, telephone number, and e-mail address;
v) Your written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
vi) Statement by you made under penalty of perjury, that the above information in your copyright notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For more information, please contact us at email@example.com.
11. Third-Party Content, Links, or Advertisements
Fireside is not responsible for any incorrect or inaccurate content posted in connection with its services, whether posted by users or any of the programming or third-party services associated with or utilized in the services. Content posted by users may contain links to other websites or third-party platforms. Fireside is not responsible for the content, accuracy or opinions expressed on such websites or platforms. Linked third-party content on the services does not imply approval or endorsement of the linked content by Fireside. When you access these third-party sites, you do so at your own risk. Fireside takes no responsibility for third-party advertisements that may be posted on or through the services or for the goods or services provided by such advertisers.
12. Disclaimer of Warranties
Fireside strives to maintain service, safe and secure, but due to the evolving nature of technology, you use and access the service at your own risk. You agree that you assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from your use of Fireside or any content you come across on or in connection with Fireside.
Fireside is provided to you “AS IS” without warranties of any kind, either express or implied (including any implied warranties of merchantability, and fitness for a particular purpose). In particular, we do not make any guarantees or representations to users that:
i) Fireside or the server will always be uninterrupted, secure, or error-free;
ii) Any defects in the operation or functionality of Fireside will be corrected;
iii) Any content that you come across on or in connection with Fireside will be accurate or reliable; or
iv) That we will or will not make changes or improvements at any time.
13. Limitation of Liability
IN NO EVENT WILL FIRESIDE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT OR FIRESIDE, EVEN IF FIRESIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIRESIDE’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT OR USE OF FIRESIDE, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID FIRESIDE IN THE PAST TWELVE MONTHS (12 MONTHS). Certain jurisdictions do not allow some of the above limitations, so those they may not apply to you. In such an event, Fireside’s liability will be limited to the fullest extent permitted.
If anyone brings a claim against us arising out of your use of or activities on Fireside, you agree to indemnify and hold harmless Fireside, its subsidiaries, affiliates, service providers, and their respective employees, agents, officers, directors, and contractors, from all damages, loss, liability, costs, and expenses of any kind (including reasonable attorneys’ fees) relating to such a claim. We do not control or direct the actions of users on Fireside. We are not responsible for, without limitation:
i) The content or information users share or transmit on Fireside;
ii) The content or information users may experience on Fireside, however offensive, obscene, unlawful, or objectionable; or
iii) The online or offline conduct of users.
15. Dispute Resolution Policy
You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from this Agreement or your use of Fireside.
i) Informal Negotiations: in a dispute between you and Fireside, you will attempt to informally negotiate a potential settlement or resolution to the dispute.
ii) Online Arbitration: in the event that informal negotiations are unsuccessful, you agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
iii) Binding Arbitration: if for any reason online arbitration is unsuccessful or unavailable, you agree to submit to binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association, conducted in the State of Washington or such other location mutually agreed to by Fireside and you, provided that the foregoing shall not prevent Fireside from seeking injunctive relief in a court of competent jurisdiction.
16. Changes to Terms
17. Applicable Law
The laws of the State of Washington, United States of America govern this Agreement, without regard to conflict of law provisions. In the event of a dispute, you agree that the laws of the State of Washington shall govern the dispute.
18. General Provisions
Fireside is controlled, owned, and operated in the State of Washington. If you install, access, or use the Fireside from any other location in the world, you do so at your own risk and you are responsible for the compliance of your own jurisdiction’s laws and regulations.
This Agreement comprises the entire agreement between you and Fireside regarding your use of Fireside. Any additional terms and conditions used by Fireside will govern the items to which they concern.
The failure of Fireside to exercise or enforce any part of this Agreement shall not operate as a continued waiver.
This Agreement operates to the fullest extent permissible by law. If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
19. Questions or Additional Information
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
Date of Last Revision: August 29th, 2014.