The terms and conditions of this Agreement are subject to change by ifiredarts at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use Ifiredarts.com.
The terms and conditions contained herein apply to all users of ifiredarts whether a 'visitor' or a 'member' and you are only authorized to use ifiredarts.com if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.
The ifiredarts website allows for uploading, sharing and general viewing various types of content allowing registered and unregistered users to share and view images. In addition, ifiredarts contains video content, information and other materials posted/uploaded by users. ifiredarts allows its users to view the Content and Website subject to the terms and conditions of this Agreement.
The ifiredarts website may also contain certain links to third party websites which are in no way owned or controlled by ifiredarts. ifiredarts assumes no responsibility for the content, privacy policies, practices of any and all third party websites. ifiredarts cannot censor or edit the content of third party sites. You acknowledge that ifiredarts will not be liable for any and all liability arising for your use of any third-party website.
ifiredarts.com is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved byifiredarts.com. Any illegal and/or unauthorized use of ifiredarts is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the ifiredarts website is prohibited.
In order to use this website, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.
You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available on ifiredarts. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on ifiredarts content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, racial. You also agree that you shall not post, upload, publish, transmit or make available in any way on ifiredarts software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on ifiredarts content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control; engage in, promote, You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on ifiredarts content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use ifiredarts in any way that exposes ifiredarts to criminal or civil liability.
You agree that ifiredarts shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.
5. INTELLECTUAL PROPERTY
The Content contained on the ifiredarts with the exception of User Submissions including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to ifiredarts, Ceramic Arts Limited, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ifiredarts reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the ifiredarts or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ifiredarts Website or the Content therein.
6. USER SUBMISSIONS
ifiredarts permits the submission of video and other communications and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, ifiredarts does not guarantee any confidentiality with respect to any submissions.
ifiredarts allows/permits you to link to materials on the Website for personal, non-commercial purposes only. More over, ifiredarts provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the ifiredarts website on the pages containing the Embeddable Player. ifiredarts reserves the right to discontinue any aspect of the ifiredarts website at any time. In addition, you may not modify, build upon or block any portion of the Embeddable Player in any way.
You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
In submitting material (video or other communication), you further agree that you shall not:
You understand and acknowledge that when using ifiredarts.com, you will be exposed to User Submissions from a variety of sources, and that ifiredarts is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ifiredarts with respect thereto, and agree to indemnify and hold ifiredarts, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that ifiredarts may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other ifiredarts network or services at any time, for any reason, or for no reason at all, with or without notice.
ifiredarts provides its website as a service to its users. However, ifiredarts assumes no responsibility whatsoever for monitoring the ifiredarts Services for inappropriate content or conduct. If at any time ifiredarts chooses, in its sole discretion, to monitor the ifiredarts Services, however,ifiredarts assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. ifiredarts may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
ifiredarts abides by a ZERO TOLERANCE policy relating to any illegal content.
You acknowledge that ifiredarts reserves the right to charge for ifiredarts services and to change its fees from time to time in its discretion. Further more, in the event ifiredarts terminates your rights to use the website because of a breach of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
You represent and warrant that all of the information provided by you to ifiredarts to participate in the ifiredarts website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE IFIREDARTS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IFIREDARTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IFIREDARTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL IFIREDARTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
You agree to defend, indemnify and hold harmless ifiredarts, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ifiredarts without restriction.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the Province of Ontario, Canada. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.