Fireythings Terms of Use

Please read our terms of use ("Agreement" or “Terms of Use") carefully before using this website, mobile applications and other services offered by Fireythings.


This User Agreement sets out the terms and conditions for your access and use of the website at www.fireythings.com (the "Site"), mobile applications, apps, media and services provided by Fireythings (our “Services”).


You agree to comply with all of our policies and accept these Terms of Use when accessing or using our Services. These Terms of Use govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Fireythings.


This Agreement applies to all users of our Services, including without limitation users who are artists, sellers, customers, content providers.


Fireythings


Fireythings acts as a Producer and Distributor - making, representing and selling the work of selected artists and creatives.


Fireythings is not responsible or liable for any content, such as data, text, descriptions, usernames, graphics, images, profiles, audio, video and links posted by you, other users, or outside parties on Fireythings.


Your Account


You are fully responsible for all activity, liability and damage resulting from any failure to maintain password confidentiality. You agree to immediately notify us of any unauthorised use of your password or any breach of security. Fireythings is not liable for any loss or damage arising from your failure to keep your password secure.


You are solely responsible for your conduct and activities using Fireythings’s Services and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Fireythings.


You must not post false, inaccurate, misleading, defamatory, or libellous content, engage in any activities that could be considered fraudulent or involve the sale of illegal, counterfeit or stolen items, or infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.


We reserve the right to cancel unconfirmed or inactive accounts and to refuse service to anyone, for any reason, at any time.


Content


Fireythings does not claim ownership rights in your Content.You grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future.


You agree to allow Fireythings to store, translate, or re-format your Content and display it on Fireythings in any way we choose.


Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.


While we try to offer reliable data, we cannot promise that Content will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies in Content provided.


Buying


When buying an item, you are responsible for reading the full item description before making a commitment to buy. You enter into a legally binding contract to purchase an item when you commit to buy an item and are obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.


Copyright Policy


Fireythings respects copyright law and the rights of artists and creatives and expects its users to do the same. Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders will have their accounts closed.


Liability


We cannot guarantee continuous, uninterrupted access to the Site or our Services, and operation of the Site may be interfered with by a number of factors outside of our control.


In no event shall Fireythings, and (as applicable) Fireythings's subsidiaries, officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to, the conduct of you or anyone else in connection with the use of the Site, our Services, or this agreement, including without limitation, most profits, bodily injury, emotional distress, or any special, incidental or consequential damages.


Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.


Disputes with Users or Third Parties


In the event a dispute arises between you and another user or a third party, you are encouraged to contact the user or third party to resolve the dispute swiftly and amicably.


You release Fireythings (and Fireythings's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.


Breach


Without limiting any other remedies, Fireythings may, without notice, delay or immediately remove Content, warn our community of a user's actions, issue a warning to a user, temporarily suspend a user, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user.


Fireythings reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates.


No Warranty


Fireythings, Fireythings's subsidiaries, officers, directors, employees, and suppliers provide the Site and Services "as is" and without any warranty or condition, express, implied or statutory. Fireythings, Fireythings's subsidiaries, officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. Additionally, no advice or information (oral or written) obtained by you from us shall create any warranty.


Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.


Indemnity


You agree to indemnify and hold Fireythings and (as applicable) Fireythings's parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents that it incorporates by reference, or your violation of any law or the rights of a third party.


No Agency


No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


Service


Fireythings reserves the right to modify or terminate the Service for any reason, without notice, at any time. Fireythings reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently.


If we modify these Terms of Use, we will post the modification on the Site. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must stop using the Site and Services.


Intellectual Property


Fireythings, and Fireythings graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks of Fireythings in the U.K. and/or other countries.


Governing Law


This agreement is governed and construed in all respects in accordance with the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.


This document was last updated 9th November 2016