Effective Date: January 1, 2022
Please read these terms carefully before processing. These Terms of Service are entered into by and between You and Fireside Technologies Inc. (“Company”, “Fireside”, “we”, or “us”) The following terms and conditions govern your access to and use of Fireside, including any Content that includes all of the software and code comprising or used to operate the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Services, including User-Generated Content and Feedback (collectively “Content”), functionality and services offered by Fireside on or through fireside.social or its mobile applications (the “Services”), offered now or available in the future. The terms “User-Generated Content” or “UGC” refer to your publicly available profile information and all content that you post using the social networking tools we make available to you. UGC does not include “Feedback.” UGC also includes any content that is saved as a draft and not yet posted. The term “Feedback” refers to the Content you post on or through the Services that is specifically about how we can improve the Services and the products and services we make available through the Services.
Fireside makes software products and applications that users may interact with through websites like Fireside.social, iOS and Android applications, email, SMS, phone calls, video calls, conversational software, and other software platforms. By accessing or using the services offered by Fireside, you are confirming that you have read, understood, accept, and agree to be bound by this Agreement and our Privacy Policy at https://www.fireside.dating/privacy-policy, (collectively the “Terms”), and you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms, you must not access or use the Services.
The Services are offered and available to users who are 18 or older. By accessing or using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you access the Services or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity. If you do not meet all of the eligibility requirements, you must not access or use the Services.
You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services, as well as for any reason if all or any part of the Services is unavailable at any time or for any period of time. From time to time, we may restrict access to parts of all of the Services to all users.
You also agree that Fireside, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Services for any reason, including, without limitation, for lack of use or if Fireside believes that you have violated or acted inconsistently with these Terms of Service. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Fireside may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Services. Further, you agree that Fireside shall not be liable to you or any third-party for any termination of your access to the Services. You have the right, at any time for any or no reason, to disable your account and discontinue using the Services.
Fireside is an online platform through which individuals may interact with one another in an effort to strengthen their personal relationships and reflect on prior experiences, traits, connections and more. Individuals may communicate with one another or reflect by themselves. You understand and agree that Fireside is not a party to any communications or content creations between users of the platform. Fireside has no control over the conduct or content of Users of the Services. Furthermore, you acknowledge that Fireside has no control of the users that are included, added or removed from Circles.
● In any way that violates any applicable federal, state, local, or international law or regulation.
● For the purpose of exploiting, harming, or attempting to exploit or harm users, including without limitation, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
● To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
● To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
● Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Services.
● Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material provided on the Services.
● Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of the Services.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
● Otherwise attempt to interfere with the proper working of the Services.
Restrictions on User-Generated Content. It is a condition of these Terms of Service that you do not upload, post, transmit or otherwise make available:
● any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
● any UGC that constitutes or encourages activity illegal under criminal or civil law;
● any UGC that is false, misleading, or fraudulent;
● any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
● any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
● any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
● any request for or solicitation of any personal or private information from any individual to the extent such request is not consistent with the networking goals of the Services;
● any request for or solicitation of money, goods, or services for private gain
● any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose
● any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
● impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
● violate any local, state, national or international law, rule or regulation.
● use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or well-behaved web services/RSS/Atom clients. We reserve the right to define what we mean by well-behaved;
The presence of any Content on these Services does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Services. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use of the Services and to display, download, or print portions of the Services on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
The Fireside names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Fireside and/or its affiliates (the “Fireside Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the Fireside Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the Fireside Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Any other trademarks, service marks, logos, trade names and other proprietary designations are the trademarks or registered trademarks of their respective parties. As previously mentioned in the “About the Services” section above, Fireside is not a party to any communications or agreements between users. Fireside has no control over the conduct of Users of the Services. Thus, Fireside has no claim or involvement in any intellectual property or proprietary rights between Users on the platform.
Fireside does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
When you post content, you represent and warrant that you have the right, power and authority to that content. You further represent and warrant that by posting or providing such content you will not violate third-parties rights of any kind, including without limitation to, any copyrights, patents, trademarks, trade secrets, moral rights, rights of publicity, privacy rights, and other intellectual property and proprietary rights. To the extent your content may be copyrightable, you represent, warrant and covenant that you are the owner of all the copyright rights to such content.
Under no circumstances will we be liable in any way for any UGC. This means that you, not Fireside, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Service, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the UGC posted on or through the Services, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing the Services, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through the Services. The UGC posted on or through the Services expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Fireside or any person or entity associated with it.
You own User-Generated Content, but we may use it.
You own the copyright to any original UGC you post on Fireside. We do not claim any copyrights in UGC. However, by using the Services you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, copy, modify, distribute, publish, transmit, remove, retain, and repurpose UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any confidential information.
We may disclose and/or remove User-Generated Content.
We reserve the right to:
- monitor all UGC;
- require that you avoid certain subjects;
- remove or block any UGC at any time without notice at our sole and absolute discretion;
- disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Fireside or others, or to enforce these Terms of Service; and
- terminate your access to and use of the Services, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.
You agree that our exercise of such discretion shall not render Fireside the owners of UGC you post, and that you will retain ownership thereof as described above.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Service; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Service and applicable laws and will not cause injury to any person or entity.
In general. You can seek removal of objectionable UGC, “flag” posts, and lodge complaints against particular users, by contacting us at hello@fireside.social. We will endeavor to review such requests and to remove UGC and users that we determine should be removed, in our sole discretion and in accordance with these Terms of Service and applicable law. However, by providing a mechanism for the submission of complaints, we do not guarantee that we will review all such complaints or that we will take any action in response to such complaints. If the UGC has already been distributed to other websites or published in other media, we will not be responsible for recapturing or deleting it. We reserve the right to maintain back-up or residual copies of any UGC, whether created by you or other users in connection to the Services, on our backup servers.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent with the following information in writing, see 17 U.S.C 512(c)(3) for further detail:
● A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website location are covered by a single notification, a representative list of such works at that website;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your Content that was removed or to which access was disable is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a counter-notice containing the following information to the Copyright Agent:
· Your physical or electronic signature;
· Identification of the Content that has been removed or to which was disabled as a result of mistake or a misidentification of the Content; and
· Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a state that you will accept service of process from the person who provided notification of the alleged infringement.
If the counter-notice is received by the Copyright Agent, we may send a copy of the court-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replace, or access to it restored, 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
If multiple complaints are received, Fireside may lock accounts or take other actions to warn repeat violators
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You may be required to purchase or pay a fee either to us or a trusted third-party payment processor to access some of our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, so that we can complete transactions and contact you as needed. We bill through an online billing account using a third party payment process such as Stripe, and your use of this third-party payment processor is subject to their User Agreement. We may change prices at any time and all payments shall be in USD. Further you agree to pay all charges or fees at the price then in effect for your purchases, and you authorize us to charge your chosen payment provider for such amount.
All fees are paid in either in advance or on a recurring basis and are non-refundable. If your purchase is subject to recurring charges, then you consent to us charging your payment method on a recurring basis, until you notify us of your cancellation. Subscriptions may be cancelled at any time, in which case paid services will discontinue at the end of the billing cycle. If you provide us with a credit card that expires during the term of these Terms of Service, we reserve the right to charge any renewal card issued to you as a replacement. In the event that your payment has not been received by Fireside, we reserve the right to cancel or suspend your account and access to the Services until payment has been received. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Fireside may immediately suspend or terminate your access to any or all of our services. In the event your service is terminated, you may request a refund within 30 days of the termination. We will notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSE BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
FIRESIDE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED FIRESIDE SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF FIRESIDE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FIRESIDE IN THE LAST TWELVE (12) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM.
Fireside has financial relationships with some of the companies, products, and services mentioned on our Services, and may be compensated if users choose to follow the links pointing to those companies, products or services.
You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless, both Fireside and you agree in writing, the arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of any class or representative proceeding.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, Any award of the arbitrator will be final and binding on each other the parties.
YOU AND FIRESIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fireside agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
If you have any questions or feedback about the Services, these Terms of Service or requests for technical support, please contact us via email at help@fireside.dating.