Last updated December 2023
AGREEMENT TO OUR LEGAL TERMS
We are Signal Fire Arts ("Company," "we," "us," "our").
We operate , as well as any other related products and services that refer or link to
these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at info@ signalfirearts.org
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and Signal Fire Arts, concerning
your access to and use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to
these Legal Terms at any time and for any reason. We will alert you about any
changes by updating the "Last updated" date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be subject
to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Legal Terms by your continued use of the Services after the
date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. SERVICES MANAGEMENT
8. TERM AND TERMINATION
9. MODIFICATIONS AND INTERRUPTIONS
10. GOVERNING LAW
11. DISPUTE RESOLUTION
12. CORRECTIONS
13. DISCLAIMER
14. LIMITATIONS OF LIABILITY
15. INDEMNIFICATION
16. USER DATA
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
18. MISCELLANEOUS
19. CONTACT US
The information provided when using the Services is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the "Content"), as
well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your
personal, non-commercial use or internal business purpose only.
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,
revocable license to:
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out
in this section or elsewhere in our Legal Terms, please address your request to:
info@signalfirearts.org. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of
our Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior
to using our Services to understand the (a) rights you give us and (b) obligations you
have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ("Submissions"), you agree to
assign to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and dissemination
for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:
You are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a)
this section, (b) any third party’s intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that: (1) you have the legal
capacity and you agree to comply with these Legal Terms; (2) you are not a minor in
the jurisdiction in which you reside; (3) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (4) you
will not use the Services for any illegal or unauthorized purpose; and (5) your use of
the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof).
You may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Services, you agree not to:
The Services does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Services, including but
not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions").
6. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information
and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations
of these Legal Terms; (2) take appropriate legal action against anyone who, in our
sole discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you or
any third party for any modification, price change, suspension, or discontinuance of
the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the Services or
to supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and defined following the laws of
Oregon.
Signal Fire Arts and yourself irrevocably consent that the courts of Oregon shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively, the "Disputes")
brought by either you or us (individually, a "Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least 30 days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party
to the other Party.
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time,
without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
use of the Services; (2) breach of these Legal Terms; (3) any breach of your
representations and warranties set forth in these Legal Terms; (4) your violation of
the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
These Legal Terms and any policies or operating rules posted by us on the Services
or in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal
Terms operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at: info@signalfirearts.org
