1. ACCEPTANCE OF TERMS
Four In The Fire Russia Ministries, Inc. ("Four In The Fire") welcomes you to
our Christian missions site. Four In The Fire provides its service to you
subject to the following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. You can review the most current version
of the TOS at any time at:
http://www.4inthefire.org/Policies/TermsOfService.aspx.
In addition, when using particular Four In The Fire owned or operated services,
you and Four In The Fire shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time. All such
guidelines or rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Four In The Fire provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services,
search services, personalized content and branded programming through its
network of properties which may be accessed through any various medium or
device now known or hereafter developed (the "Service").
You also understand and agree that the Service may include certain
communications from Four In The Fire, such as service announcements,
administrative messages and the Four In The Fire Newsletter, and that
these communications are considered part of Four In The Fire membership and
you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new Four In The Fire properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS" and
that Four In The Fire assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service, and that
access may involve third-party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary to
access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
Four In The Fire has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or
incomplete, Four In The Fire has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
thereof).
Four In The Fire is concerned about the safety and privacy of all its users,
particularly children. For this reason, parents of children under the age of 13
who wish to allow their children access to the Service must create a Four In
The Fire Family Account. When you create a Four In The Fire Family Account and
add your child
to the account, you certify that you are at least 18 years old and that you are the
legal guardian of the child/children listed on the Four In The Fire Family
Account.
By adding a child to your Four In The Fire Family Account, you also give your
child permission to access many areas of the Service, including, email, message
boards and instant messaging (among others).
Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine
whether any of the Service areas and/or Content (as defined in Section 6 below)
are appropriate for your child.
4. FOUR IN THE FIRE PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://www.4inthefire.org/Policies/Privacy.aspx.
You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other
countries for storage, processing and use by Four In The Fire and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to
(a) immediately notify Four In The Fire of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Four In The Fire cannot and will not
be liable for any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from whom such Content originated. This means that you, and not
Four In The Fire, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service. Four In The
Fire does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Four In The Fire be
liable in any way for any Content, including, but not limited to, any errors or
omissions in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:>
- upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a
Four In The Fire official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose (please read our
complete Spam Policy);
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upload, post, email, transmit or otherwise make available 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
- provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Four In The Fire may or may not pre-screen Content, but
that Four In The Fire and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Four In The Fire and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Four In The Fire or submitted to Four In The Fire, including without limitation information in Four In The Fire Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Four In The Fire may access, preserve
and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Four In The Fire, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by Four In The Fire
and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON FOUR IN THE FIRE NETWORK
When you register with Four In The Fire, you acknowledge that in using Four In
The Fire services to send electronic communications (including but not limited
to email, search queries, sending messages to Four In The Fire Chat or Four In T
he Fire Groups, uploading photos and files to Four In The Fire Photos or
Briefcase, and other Internet activities), you will be causing communications to
be sent through Four In The Fire's computer networks, portions of which are
located in California, Texas, Virginia, and other locations in the United States
and portions of which are located abroad. As a result, and also as a result of
Four In The Fire's network architecture and business practices and the nature of
electronic communications, even communications that seem to be intrastate in
nature can result in the transmission of interstate communications regardless
of where you are physically located at the time of transmission. Accordingly,
by agreeing to this Terms of Service, you acknowledge that use of the service
results in interstate data transmissions.
Four In The Fire Messenger, including any web-based versions, will allow you
and the people with whom you communicate to save your conversations in your
Four In The Fire accounts located on Four In The Fire servers. This means you
can access and search your message history from any computer with access to the
internet. Whether or not you use this feature, other users may choose to use it
to save conversations with you in their account on Four In The Fire too. Your
agreement to this TOS constitutes your consent to allow Four In The Fire to
store these communications on its servers. From time to time Four In The Fire
will send you notices through the Four In The Fire Messenger Service to let you
know about important changes to the Four In The Fire Messenger or related
Services. Such messages may not be received if you violate this TOS by accessing
the Service in an unauthorized manner. Your agreement to this TOS constitutes
your agreement that you are deemed to have received any and all notices that
would have been delivered had you accessed the Service in an authorized manner.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Four In The Fire does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of the
Service, you grant Four In The Fire the following worldwide, royalty-free and
non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for
inclusion on publicly accessible areas of Four In The Fire Groups, the
license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the purposes
of providing and promoting the specific Four In The Fire Group to which such
Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will
terminate at the time you remove or Four In The Fire removes such Content
from the Service.
- With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of
the Service other than Four In The Fire Groups, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purpose for which
such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Four In The Fire
removes such Content from the Service.
- With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion on publicly
accessible areas of the Service other than Four In The Fire Groups, the
perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium now
known or later developed.
"Publicly accessible" areas of the Service are those areas of the Four In
The Fire network of properties that are intended by Four In The Fire to be
available to the general public. By way of example, publicly accessible areas
of the Service would include Four In The Fire Message Boards and portions of
Four In The Fire Groups, Photos and Briefcase that are open to both members and
visitors. However, publicly accessible areas of the Service would not include
portions of Four In The Fire Groups that are limited to members, Four In The
Fire services intended for private communication such as Four In The Fire Mail
or Four In The Fire Messenger, or areas off of the Four In The Fire network of
properties such as portions of World Wide Web sites that are accessible via
hypertext or other links but are not hosted or served by Four In The Fire.
10. CONTRIBUTIONS TO FOUR IN THE FIRE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to Four In The Fire through its suggestion or feedback webpages,
you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) Four In The Fire is not under any obligation of confidentiality, express or
implied, with respect to the Contributions;
(c) Four In The Fire shall be entitled to use or disclose (or choose not to use
or disclose) such Contributions for any purpose, in any way, in any media
worldwide;
(d) Four In The Fire may have something similar to the Contributions already
under consideration or in development;
(e) your Contributions automatically become the property of Four In The Fire
without any obligation of Four In The Fire to you; and
(f) you are not entitled to any compensation or reimbursement of any kind
from Four In The Fire under any circumstances.
11. INDEMNITY
You agree to indemnify and hold Four In The Fire and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or otherwise
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your Four in the
Fire ID), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Four In The Fire may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Four In The Fire's servers on
your behalf, and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that Four in
the Fire has no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Four In The Fire reserves the
right to log off accounts that are inactive for an extended period of time.
You further acknowledge that Four In The Fire reserves the right to modify
these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
Four In The Fire reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Four In The Fire shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
15. TERMINATION
You agree that Four In The Fire may, under certain circumstances and without
prior notice, immediately terminate your Four In The Fire account, any
associated email address, and access to the Service. Cause for such termination
shall include, but not be limited to,
(a) breaches or violations of the TOS or
other incorporated agreements or guidelines,
(b) requests by law enforcement or
other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services.
Termination of your Four In The Fire account includes (a) removal of access to
all offerings within the Service, including but not limited to Four In The Fire
Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards,
Greetings, Alerts and Games, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any
part thereof), and (c) barring of further use of the Service. Further, you agree
that all terminations for cause shall be made in Four In The Fire's sole
discretion and that Four In The Fire shall not be liable to you or any third
party for any termination of your account, any associated email address, or
access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Four In The Fire shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
17. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Four In The Fire has no control over such sites
and resources, you acknowledge and agree that Four In The Fire is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources. You
further acknowledge and agree that Four In The Fire shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
18. FOUR IN THE FIRE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Four In The Fire or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Four In The Fire grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Four In The Fire for use in accessing the Service.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. FOUR IN THE FIRE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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Four In The Fire AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Four In
The Fire OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
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A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Four In The Fire AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Four In The Fire HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Four In The Fire and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
24. NOTICE
Four In The Fire may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
25. TRADEMARK INFORMATION
The Four In The Fire, Four In The Fire logo, trademarks and service marks and
other Four In The Fire logos and product and service names are trademarks of
Four In The Fire Inc. Without Four In The Fire's prior permission,
you agree not to display or use in any manner the Four In The Fire Marks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Four In The Fire respects the intellectual property of others, and we ask our users to do the same. Four In The Fire may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Four In The Fire's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Four In The Fire's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Four In The Fire Inc.
930 Charles Hall Dr.
Dacula, Ga. 30019
By phone: (404) 925-6027
By fax: (678) 518-4047
By email: copyright@4inthefire.org
27. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Four In The Fire and governs your use of the Service, superseding any prior agreements between you and Four In The Fire with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Four In The Fire services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Four In The Fire shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Four In The Fire agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of Four In The Fire to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Four In The Fire account is non-transferable and any rights to your Four In The Fire ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
28. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.