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Terms of Service
Welcome to TrueFire! We’re excited to have you here and promise to jump through hoops of fire
to help you take your chops to the next level. TrueFire provides music students and enthusiasts
with educational products and services, learning tools, and self-publishing tools. These Terms of
Services (“Terms”) control the use of TrueFire, Inc.’s (“TrueFire,” “our,” “us,” or “we”)
Website, Mobile App, and Services.
By accessing the Website, Mobile App, and/or the Services, you are bound by all terms and
conditions in these Terms and our Privacy Policy. If you do not wish to be bound, you may not
access the Website, Mobile App, and/or the Services. If you are accepting these Terms on behalf
of a company, organization, government, or other legal entity, you represent and warrant that (a)
you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c)
neither you nor the entity are barred from using the Services or accepting the Terms under the
laws of the applicable jurisdiction.
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Introduction.
- Scope. These Terms govern your use of the Website and the Services. Except as
otherwise specified, these Terms do not apply to Third-Party Products, which are
governed by their own terms of service.
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Incorporated Terms. The following policies, guidelines, and agreements
(“Incorporated Terms”) are hereby incorporated into, and form an integral part of,
the Terms to which you are agreeing to be bound:
- Privacy Policy
- Acceptable Use Policy
- Mobile App Terms
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Certain Definitions.
- “Services” means all TrueFire and/or JamPlay products, services, and
materials located on or accessible through the Website and the Mobile
App.
- “Third-Party Products” means any third-party information,
website, product, service, or materials referenced in, accessible through, or
provided in connection with, the Website or Services.
- “Website” means the TrueFire website located at
http://www.truefirestudios.com (including all associated internet country
codes) and all other TrueFire affiliate websites.
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Eligibility.
The Services and Website are available only to persons who are the age of
majority and can form legally binding contracts under applicable law. Without limiting
the foregoing, the Services and Website are not intended to be used by individuals under
the age of 13. Persons between the ages of 13 and 18 must have a parent or guardian
present while using the Services and Website. If you do not qualify, please do not use the
Services or access the Website. You must provide true, accurate and complete
registration information to become a member of the Services (“Member”). Creating a
Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Services and such accounts will be terminated by
TrueFire.
If the business operates excusively online and has a direct realtionship with a consumer
from whom it collects personal information, then it is only reuqired to provide an email.
If, however, it doesn't, then it has to provide two or more methods, inlcuding that one
must be a toll free telephone number. As such, if you do not want to use the forms, you
do not have to and can use the email option and toll-free telephone number if necessary.
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Registration.
By using the Services, you represent and warrant that all registration
information you submit is truthful and accurate and you agree to the accuracy of such
information. The profile that you compose upon registering for the Services (the
“Member Profile”) must describe you, an individual person. Examples of inappropriate
profiles include, but are not limited to, profiles that purport to represent an animal, place,
inanimate object, fictional character, or real individual who is not you.
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Security.
- Generally. You are responsible for maintaining the security of your Member
account credentials and for all Services ordered, accessed, or otherwise used in
connection with your Member account all actions taken in association therewith.
You will not share your Member account credentials with any third party.
- Payment Cards. TrueFire is responsible for the security of credit cardholder data
to the extent that TrueFire has control of that data. To that end, TrueFire
undertakes regular assessments consistent with the applicable Payment Card
Industry Data Security Standards (“PCI”). You represent and warrant that you
will determine the PCI merchant requirements applicable to you and your use of
the Services.
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Use Restrictions.
This is an agreement for Services, and you are not granted a license to
any software by these Terms. Except as permitted and non-excludable under applicable
law, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or
otherwise attempt to discover the source code, object code, or underlying structure, ideas,
or algorithms of or included in the Services or any software, documentation or data
related to the Services (“Software”); modify, translate or create derivative works based
on the Services or any Software; or copy (except for archival purposes), distribute,
pledge, assign or otherwise transfer or encumber rights to the Services or any Software;
use the Services or any Software for time sharing or service bureau purposes or otherwise
for the benefit of a third party; or remove any proprietary notices or labels.
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Subscription.
- Term. If you purchase a monthly or annual subscription for Services, you
understand and authorize TrueFire to automatically renew your subscription until
canceled. The Services will be provided to you for the duration of your
subscription, unless earlier canceled by you or terminated by TrueFire. You may
cancel your subscription at any time. TrueFire may terminate these Terms or your
subscription(s) at any time, with or without cause, upon written notice. TrueFire will have no liability to you or any third party because of such termination. You
can easily and quickly cancel your subscription by following the instructions
found here: Cancel My Account.
- Guarantee. Your satisfaction with our products and services is our primary
concern. All of our Services are covered by our 100% Satisfaction Guarantee and
our 30-Day Price Pledge. Details can be found here: Satisfaction Guarantee.
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Intellectual Property.
- Restrictions. All rights not expressly granted by TrueFire to you in these Terms
are hereby reserved by TrueFire. There are no implied rights save to the extent
rights cannot be excluded by applicable law. You may not use, imitate, or copy, in
whole or in part, any TrueFire trademark, service mark, trade dress, logo, or other
branding (collectively, “Marks”) without, in each instance, TrueFire’s prior
written consent, in TrueFire’s discretion. All permitted use of TrueFire’s Marks
will inure to the benefit of TrueFire.
- Ownership. As between the parties, the Website and Services, including, without
limitation, any and all Software, documentation, images, video, content, logos,
page headers, custom graphics, design and user interface elements, scripts, and
other materials contained therein or provided in connection therewith, and all
modifications, enhancements, and updates thereto, as well as all intellectual
property Rights associated with any of these materials (collectively, "TrueFire
IP") are owned by TrueFire and/or its third party sponsors, partners, and suppliers.
You have no right or license in or to the TrueFire IP other than the right to use the
Services, in compliance with the Terms.
- Notice of Intellectual Property Infringement. TrueFire respects copyright laws
and intellectual property rights, and we expect and encourage our users to do the
same. In accordance with the Digital Millennium Copyright Act of 1998
(“DMCA”), which you may find in full on the U.S. Copyright Office website,
TrueFire will do our best to respond with due diligence to claims of copyright
infringement when such claims are reported to us using the sample notice form
below.
- If you believe that your work has been copied in a way that constitutes
copyright infringement and is displayed in our Services, please provide
substantially the following information to our Copyright Agent:
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
- Identify the copyrighted work that you claim has been infringed or a list of
copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and to which access you
think should be disabled, including the URL of the link shown on the Site or
the exact location where such material may be found.
- Provide your personal or company name, mailing address, telephone
number, and email address.
- In the body of such notice, you must include a statement that you have a
good faith belief that the disputed use of the copyrighted material is not
authorized by the copyright owner, agent, or the law.
- A statement that the information in such notice is accurate and, under
penalty of perjury, that you as the complaining party are the owner or
authorized to act on behalf of the owner.
TrueFire’s copyright agent can be reached as follows:
TrueFire, Inc.
Attn: Copyright Agent
2500 Emerson Avenue South
St. Petersburg, FL 33712
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Indemnification.
You will defend, indemnify, and hold TrueFire and its affiliates, and the
respective directors, officers, employees and agents of each, harmless from and against
any and all claims, losses, damages, liabilities and costs (including, without limitation,
reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any
of these Terms, or use by you or any third party (authorized, permitted or enabled by you)
of the Services, except to the extent the foregoing directly result from TrueFire’s own
gross negligence or willful misconduct. TrueFire reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you. This Indemnification Section will survive any termination or
expiration or these Terms.
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Modifications.
TrueFire reserves the right, in its discretion, to change, modify, add to, or
remove portions of the Terms (collectively, “Changes”), at any time. TrueFire will notify
you of Changes by posting a revised version of the Terms incorporating the Changes to
its Website. Your continued use of the Website or Services following notice of the
Changes will mean that you accept and agree to the Changes. Such Changes will apply
prospectively beginning on the date the Changes are posted to the Website.
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Member Disputes.
You are solely responsible for your interactions with other Members
of the Services. TrueFire reserves the right, but has no obligation, to monitor disputes
between you and other Members.
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Arbitration.
- Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is
not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or
TrueFire may initiate arbitration proceedings. The American Arbitration
Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate
all Disputes, and the arbitration will be conducted before a single arbitrator. The
arbitration will be commenced as an individual arbitration, and will in no event be
commenced as a representative or class arbitration. All issues will be for the
arbitrator to decide, including the scope of this Arbitration Agreement.
- For arbitration before the AAA, the AAA’s Commercial Arbitration Rules
and the AAA’s Optional Rules For Emergency Measures Of Protection
will apply. The AAA rules are available at www.adr.org or by calling 1-
800-778-7879. For arbitration before JAMS, the JAMS Comprehensive
Arbitration Rules & Procedures and the JAMS Recommended Arbitration
Discovery Protocols For Domestic, Commercial Cases will apply. The
JAMS rules are available at www.jamsadr.com or by calling 1-800-352-
5267. This Arbitration Agreement governs in the event it conflicts with the
applicable arbitration rules. Under no circumstances will class action,
representative action, or collective action procedures or rules apply to the
arbitration.
- You understand that, in the absence of this provision, you would
have had a right to litigate disputes through a court, including the right to
litigate claims on a class-wide or class action basis, and that you have
expressly and knowingly waived those rights and agreed to resolve any
Disputes through binding arbitration in accordance with the provisions of
this paragraph. This arbitration provision shall be governed by the Federal
Arbitration Act, 9 U.S.C. § 1, et seq.
- Dispute. The term “Dispute” means any dispute, claim, or controversy between
you and TrueFire regarding any aspect of your relationship with TrueFire,
whether based in contract, statute, regulation, ordinance, tort (including, but not
limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross
negligence or reckless behavior), or any other legal or equitable theory, and
includes the validity, enforceability or scope of this Arbitration Agreement (with
the exception of the enforceability of the Class Action Waiver clause below).
“Dispute” is to be given the broadest possible meaning that will be enforced.
- WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND
ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN
EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN
THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE
WITH THIS ARBITRATION AGREEMENT.
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Limitations of Liability.
- Excluded Damages and Theories. TRUEFIRE AND ITS AFFILIATES ASSUME
NO RESPONSIBILITY WITH RESPECT TO YOUR USE OF THE WEBSITE,
SOFTWARE, OR SERVICES AND WILL NOT BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE,
EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION THE FOLLOWING, UNLESS PROHIBITED BY
APPLICABLE LAW, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF
DATA, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT,
CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TRUEFIRE IS AWARE OF THE POSSIBILITY OF
SUCH DAMAGES.
- Multiple Claims; Time Limits. MULTIPLE CLAIMS WILL NOT EXPAND
THIS LIMITATION. ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE WEBSITE, SOFTWARE, OR SERVICES MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF
ACTION ACCRUES, OTHERWISE SUCH CLAIM AND CAUSE OF ACTION
WILL BE PERMANENTLY BARRED.
- Jurisdictions; Limitations. SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION AND/OR LIMITATION OF LIABILITY FOR FRAUD,
WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL
INJURY OR FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF TRUEFIRE AND
ITS AFFILIATES FOR SUCH DAMAGES WILL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS
LIMITATIONS OF LIABILITY SECTION WILL SURVIVE ANY
TERMINATION OR EXPIRATION OF THESE TERMS.
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Disclaimers.
- General. YOUR USE OF THE WEBSITE, SOFTWARE, AND SERVICES
WILL BE AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, “AS
AVAILABLE” AND “WITH ALL FAULTS”. TRUEFIRE AND ITS
AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES,
CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Specific. TRUEFIRE MAKES NO WARRANTIES, CONDITIONS OR
REPRESENTATIONS ABOUT (i) THE ABILITY OF THE WEBSITE,
SERVICES, OR SOFTWARE TO PERFORM WITHOUT LIMITATION OR
RESTRICTION IN ANY GIVEN ENVIRONMENT, (ii) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THE WEBSITE, SERVICES, OR
SOFTWARE, (iii) THE ACCURACY, COMPLETENESS, OR CONTENT OF
ANY LINKED SITES (THROUGH HYPERLINKS, BANNER ADVERTISING
OR OTHERWISE), AND/OR (iv) THIRD-PARTY PRODUCTS, AND
TRUEFIRE ASSUMES NO LIABILITY OR RESPONSIBILITY THEREWITH.
- Third-Party Applications and Services. THE REFERENCE TO, OR
AVAILABILITY OF, THIRD-PARTY APPLICATIONS OR SERVICES IN
CONNECTION WITH THE SERVICES OR WEBSITE DOES NOT
CONSTITUTE, AND WILL NOT BE CONSTRUED AS CONSTITUTING, AN
ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION
BY OR WITH TRUEFIRE WITH RESPECT TO SUCH THIRD-PARTY
APPLICATIONS OR SERVICES.
- Jurisdictions; Limitations. THESE DISCLAIMERS APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY
TERMINATION OR EXPIRATION OF THESE TERMS. SOME
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR
LIMITATION OF IMPLIED REPRESENTATIONS, CONDITIONS OR
WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH EVENT, TRUEFIRE’S
WARRANTIES, CONDITIONS AND REPRESENTATIONS WILL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE
LAW IN SUCH JURISDICTION.
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Entire Agreement. These Terms are the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and oral
agreements, communications, and other understandings relating to the subject matter of
these Terms, and any modifications must be in a writing signed by both parties, except as
otherwise provided herein.
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Miscellaneous.
- Governing Law; Jurisdiction. The laws of the state of [Florida] will govern the
validity and construction of these Terms and apply in any dispute or lawsuit
arising out of or relating to these Terms. YOU HEREBY CONSENT TO, AND
WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND
FORUM NON CONVENIENS WITH RESPECT TO, THE JURISDICTION
AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN (USA).
- Severability. If any provision of these Terms is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent
necessary so that the Terms will otherwise remain in full force and effect and
enforceable.
- Severability. If any provision of these Terms is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent
necessary so that the Terms will otherwise remain in full force and effect and
enforceable.
- Notices.
- You consent to receive electronically any communications from TrueFire.
We may communicate with you through the email address specified in
your account or by posting notices on the Website. You agree that all
agreements, notices, disclosures and other communications that are
provided to you electronically satisfy any requirement that such
communications be in writing. All notices from us intended for receipt by
you shall be deemed delivered when sent to the email address you provide
to us.
- Notices to TrueFire must be sent to:
TrueFire, Inc.
2500 Emerson Avenue South
St. Petersburg, FL 33712
- Section Headings. The section headings and titles in these Terms are for
convenience only and have no legal or contractual effect. These Terms will be
interpreted without application of any strict construction in favor of or against you
or TrueFire.
- Force Majeure. TrueFire will have no liability to you or any third party for any
failure by TrueFire to perform its obligations under these Terms in the event that
such non-performance arises as a result of the occurrence of an event beyond the
reasonable control of TrueFire, including, without limitation, an act of war or
terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil
commotion or other force majeure event.
- Third-Party Service Integration. Certain Third-Party Applications and Products
may be integrated with the Services. TrueFire may, in its discretion and without
liability to you, decide to no longer support such integration.
Incorporated Terms – Acceptable Use Policy
The terms below are incorporated into, and form an integral part of, the TrueFire’s Terms of
Service. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed to
them in the Terms of Service. Any breach of the terms below will be deemed a material breach
of the Terms of Service.
Prohibited Activities/Content:
- Lawful Purposes Only. You may use the Websites and Services only for lawful
purposes. You may not use the Websites or Services or allow any third party to
use the Websites or Services for any purpose that is determined by TrueFire, in its
discretion, to be unlawful, invasive, infringing, obscene, offensive, defamatory or
fraudulent, or to engage in, promote or encourage illegal activity.
- Profanity. Your Materials may not contain any profane or otherwise inappropriate
subject matter, as determined by TrueFire in its discretion. “Your Materials”
means the content, communications, text, images, video, photographs, domain
names, and all other materials posted to, displayed on, or linked by you.
- Private Information and Images. You may not post or disclose any personal or
private information about, or images of, minors or any third party without the
consent of such third party (or a parent’s or guardian’s consent in the case of a
minor).
- Violations of Third Party Rights. Your Materials may not violate, or encourage
the violation of, the intellectual property rights, rights of privacy, rights of
publicity, or other legal rights of any third party. TrueFire may remove or block
access to your Materials upon receipt of proper notice of copyright infringement.
- Misrepresentation of Transmission Information. Forging, misrepresenting,
omitting, or deleting message headers, return mailing information, and/or Internet
protocol addresses to conceal or misidentify the origin of a message is prohibited.
- Viruses and Other Destructive Activities. You will not use the Websites or
Services, or allow any third party to use the Websites or Services, for creating or
sending Internet viruses, worms or Trojan horses, corrupted files, hoaxes or other
items of a destructive or deceptive nature, or for pinging, flooding or mail
bombing, or engaging in denial of service attacks. You will not engage in other
activity that is intended to disrupt or interfere with, or that results in the disruption
of or interference with, the ability of others to effectively use the Websites or
Services (or any connected network, system, service or equipment) or conduct
their business over the Internet.
- Hacking. Hacking and related activities are prohibited. “Hacking” includes, but is
not limited to, the following activities: illegally or without authorization,
accessing computers, accounts or networks, penetrating or attempting to penetrate
security measures, port scans, stealth scans, and other activities designed to assist
in hacking.
- Spam. You will not use the Websites or Services, or allow any third party to use
the Websites or Services, to generate, distribute, publish or facilitate unsolicited
mass email, promotions, advertisements or other solicitations (“spam”).
- Anonymous Proxies. TrueFire does not allow the use of anonymous proxy scripts
on its servers. You will not access or copy any portion of the Websites or Services
through any automated viewing, downloading or crawling systems.
- Child Pornography. The use of the Websites or Services to store, post, display,
transmit, sell, advertise or otherwise make available child pornography is
prohibited. TrueFire is required by law to, and will, notify law enforcement
agencies when it becomes aware of the presence of child pornography on, or
transmitted through, the Website or Services.
- Other Prohibited Activities. Engaging in any activity that, in TrueFire’s
discretion, actually or potentially disrupts, interferes with, competes with, or is
harmful to the Websites or Services, TrueFire’s business, reputation, goodwill,
customers and/or customer relations, or the ability of TrueFire’s customers to
effectively use the Websites or Services, is prohibited. Your failure to cooperate
with TrueFire in correcting or preventing violations of the Terms constitutes a
violation of the Terms by you.
Mobile App Terms
The terms below are incorporated into, and form an integral part of, the TrueFire Terms of
Service. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed to
them in the Terms of Service. Any breach of the terms below will be deemed a material breach
of the Terms of Service. By using the TrueFire Mobile Application (“Application”), you agree to
be bound by the Terms and these incorporated Mobile App Terms.
- Compatibility; Performance. Use of the Application requires a compatible device with
supported software and internet access. You are responsible for paying all fees associated
with the foregoing. Application performance can be affected by a variety of factors, such
as your location, your device, and the availability and speed of your Internet connection.
- License. Subject to your compliance with these Terms, TrueFire grants you a revocable,
non-exclusive, non-sublicensable, non-transferable, worldwide, limited license to install
and use the Application solely in connection with your Account and for lawful purposes
only. No other license or right is granted. TrueFire reserves all rights, including IP
Rights, in and to the Application not expressly granted to you under these Terms. There
are no implied rights or licenses.
- Restrictions. Except where otherwise expressly permitted by applicable law or the
licensing terms governing open-sourced components included within the Application,
you will not, directly or indirectly: reverse engineer, decompile, disassemble, or
otherwise attempt to discover the source code, object code, or underlying structure, ideas,
or algorithms of or included in the Application, documentation, or data related to the
Application; modify, translate or create derivative works based on the Application; copy
(except for archival purposes), distribute, sublicense, pledge, assign or otherwise transfer
or encumber rights to the Application; use the Application for time sharing or service
bureau purposes or otherwise for the benefit of a third party or where it could be used by
multiple devices at the same time; remove any proprietary notices or labels; attempt to, or
assist, authorize, or encourage others to, circumvent, disable, or defeat any of the security
features or components of the Application. The foregoing restrictions are applicable to
the Application as a whole, all parts of the Application, all updates to the Application,
and all TrueFire proprietary materials displayed within the Application.
- Intellectual Property. As between the parties, the Application, including, without
limitation, any and all documentation, images, video, content, trademarks, service marks,
trade dress, logos, or other branding, custom graphics, design and user interface elements,
scripts, and other materials contained therein or provided in connection therewith, and all
modifications, enhancements, and updates thereto, as well as all IP Rights associated with
any of the foregoing (collectively, "TrueFire IP") are owned by TrueFire and/or its
affiliates, third party sponsors, partners, and suppliers. You have no right or license in or
to the TrueFire IP other than the right to use the Application, in compliance with these
Terms. You may not use, imitate, or copy, in whole or in part, any TrueFire trademark,
service mark, trade dress, logo, or other branding without, in each instance, TrueFire’s
prior written consent, which may be given or withheld in TrueFire’s sole discretion. All
permitted use of the foregoing will inure to the benefit of TrueFire.
- Disclaimers.
- General. USE OF THE APPLICATION IS AT YOUR OWN RISK, AND IT IS
PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRUEFIRE
AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES,
CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
- Specific. TRUEFIRE MAKES NO WARRANTIES, CONDITIONS OR
REPRESENTATIONS ABOUT (a) THE ABILITY OF THE APPLICATION TO
PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN
ENVIRONMENT, (b) THE ACCURACY, COMPLETENESS, OR CONTENT
OF THE APPLICATION, (c) THE ACCURACY, COMPLETENESS, OR
CONTENT OF ANY LINKED SITES (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE), AND/OR (d) THIRD-PARTY PRODUCTS
OR SERVICES, AND TRUEFIRE ASSUMES NO LIABILITY OR
RESPONSIBILITY THEREWITH.