Fireside Jul vs Aug

Terms of Service
Terms https://www.firesidechat.com/terms
Date of Last Revision: July 16, 2021
Terms of Service
Date of Last Revision: August 11, 2021
Welcome to Fireside!
Welcome to Fireside!
Fireside Chat Inc. (“Fireside,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://!residechat.com/ (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service” or “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email noti!cation or through other reasonable means. Any such changes will become e#ective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be e#ective immediately. Your continued use of the Service after the date any such changes become e#ective constitutes your acceptance of the new Terms of Service.
Fireside Chat Inc. (“Fireside,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://!residechat.com/ (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service” or “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email noti!cation or through other reasonable means. Any such changes will become e#ective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be e#ective immediately. Your continued use of the Service after the date any such changes become e#ective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FIRESIDE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FIRESIDE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www."residechat.com/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www."residechat.com/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Access and Use of the Service
Services Description: The Service is designed to provide an audio-based live streaming and social networking platform. The Service allows users to create and monetize live audio and video broadcasts and digital art represented on non-fungible Ethereum-based tokens ("NFTs") that are generally available to all other users. Users who join an audio and/or video broadcast may be permitted by the host to participate in and contribute to the audio and/or video broadcast.
Services Description: The Service is designed to provide an audio and/or video- based live streaming and social networking platform. The Service allows users to create and monetize live audio and/or video broadcasts and digital art represented on non-fungible Ethereum-based tokens ("NFTs") that are generally available to all other users. Users who join an audio and/or video broadcast may be permitted by the host to participate in and contribute to the audio and/or video broadcast.
Recording by Fireside: Fireside records and saves all audio and/or video streams broadcasted through the Service. Fireside does this in order to improve its products and services, provide you with recommendations, and to ensure the security and integrity of its platform. If you are not comfortable with Fireside recording your broadcast or any contributions you may make to a broadcast, please do not contribute to the broadcast and/or disable your audio and/or video functionality.
Recording by Fireside: Fireside records and saves all audio and/or video streams broadcasted through the Service. Fireside does this in order to improve its products and services, provide you with recommendations, and to ensure the security and integrity of its platform. If you are not comfortable with Fireside recording your broadcast or any contributions you may make to a broadcast, please do not contribute to the broadcast and/or disable your audio and/or video functionality.
Media Export Requirements: Fireside may make certain audio and/or video streams available for export to broadcasters and other authorized third parties. With respect to any audio and/or video exported from the Service, you agree to: (1) provide public attribution to Fireside when you share any content !rst created within the Service; (2) use and not modify the Fireside audio mark when distributing any such content to other platforms; and (3) allow Fireside to publish your content, unless you are bound by any exclusivity or other restrictions.
Media Export Requirements: Fireside may make certain audio and/or video streams available for export to broadcasters and other authorized third parties. With respect to any audio and/or video exported from the Service, you agree to: (1) provide public attribution to Fireside when you share any content !rst created within the Service; (2) use and not modify the Fireside audio mark when distributing any such content to other platforms; and (3) allow Fireside to publish your content, unless you are bound by any exclusivity or other restrictions.
Right to Participate: If you plan to commercialize any audio and/or video content, NFTs or other works you !rst create using the Services (“Creator Works”) with a third party or otherwise outside of the Services, you agree to !rst notify Fireside by email at creators@!residechat.com.
Right to Participate: If you plan to commercialize any audio and/or video content, NFTs or other works you !rst create using the Services (“Creator Works”) with a third party or otherwise outside of the Services, you agree to !rst notify Fireside by email at creators@!residechat.com.
Your Registration Obligations: You may be required to register with Fireside in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Your Registration Obligations: You may be required to register with Fireside in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: You are responsible for maintaining the con!dentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Fireside 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 when accessing the Service. Fireside will not be liable for any loss or damage arising from your failure to comply with this Section.
Member Account, Password and Security: You are responsible for maintaining the con!dentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Fireside 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 when accessing the Service. Fireside will not be liable for any loss or damage arising from your failure to comply with this Section.
Modi"cations to Service: Fireside reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fireside will not be liable to you or to any third party for any modi!cation, suspension or discontinuance of the Service.
Modi"cations to Service: Fireside reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fireside will not be liable to you or to any third party for any modi!cation, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Fireside may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Fireside’s servers on your behalf. You agree that Fireside has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Fireside reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Fireside reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
General Practices Regarding Use and Storage: You acknowledge that Fireside may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Fireside’s servers on your behalf. You agree that Fireside has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Fireside reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Fireside reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Fireside and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Fireside account information to ensure that your messages are not sent to the person that acquires your old number.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Fireside and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Fireside account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Fireside. Fireside reserves the right to investigate and take appropriate legal action against anyone who, in Fireside’s sole discretion, violates this provision, including without limitation, removing the o#ending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Fireside. Fireside reserves the right to investigate and take appropriate legal action against anyone who, in Fireside’s sole discretion, violates this provision, including without limitation, removing the o#ending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Fireside, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Fireside or its users to any harm or liability of any type;
a. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Fireside, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Fireside or its users to any harm or liability of any type;
b. 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; or
b. 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; or
c. violate any applicable local, state, national or international law, or any regulations having the force of law;
c. violate any applicable local, state, national or international law, or any regulations having the force of law;
d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. solicit personal information from anyone under the age of 18;
e. solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
f. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
f. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
i. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Fireside Code of Conduct: Fireside aims to create a positive environment which fosters civil intelligent discourse, shared connected experiences and genuine relationship building through its platform in order to drive social impact. In order to protect the integrity of the platform, creators and the audience, and maintain the highest standard in terms of how we operate, we expect all of our users to know and follow the code as set forth in this section.
Fireside Code of Conduct: Fireside aims to create a positive environment which fosters civil intelligent discourse, shared connected experiences and genuine relationship building through its platform in order to drive social impact. In order to protect the integrity of the platform, creators and the audience, and maintain the highest standard in terms of how we operate, we expect all of our users to know and follow the code as set forth in this section.
Guiding Principles / Values
Guiding Principles / Values
Quality: We are obsessed with sharing quality content with our audience and in helping our content creators develop the same. For us, quality content is developed with a speci!c purpose and/or intent, has depth, and is polished. We strive to create an environment which encourages productive engagement among content creators and audience members to increase understanding for all. Our platform is not intended to be used for the primary purpose of soliciting business or business development for personal or !nancial bene!t. We believe excessive promotion or solicitation would detract from the quality of the content on this platform.
Quality: We are obsessed with sharing quality content with our audience and in helping our content creators develop the same. For us, quality content is developed with a speci!c purpose and/or intent, has depth, and is polished. We strive to create an environment which encourages productive engagement among content creators and audience members to increase understanding for all. Our platform is not intended to be used for the primary purpose of soliciting business or business development for personal or !nancial bene!t. We believe excessive promotion or solicitation would detract from the quality of the content on this platform.
Truth & Accountability: We strive for truth and accuracy but are transparent when information cannot be corroborated. We aim to admit and correct any errors in our content and hold ourselves accountable. We are subject matter experts in our areas of focus and refrain from making statements of fact on issues we are not quali!ed to speak on (e.g., giving medical advice/opinions without holding proper quali!cations and/or education).
Truth & Accountability: We strive for truth and accuracy but are transparent when information cannot be corroborated. We aim to admit and correct any errors in our content and hold ourselves accountable. We are subject matter experts in our areas of focus and refrain from making statements of fact on issues we are not quali!ed to speak on (e.g., giving medical advice/opinions without holding proper quali!cations and/or education).
Understanding & Empathy: We build meaningful relationships with the internal and external Fireside community and engage in active listening throughout all of our interactions. We seek to increase understanding through approaching all conversations, shows and interactions from a place of empathy towards all points of view.
Understanding & Empathy: We build meaningful relationships with the internal and external Fireside community and engage in active listening throughout all of our interactions. We seek to increase understanding through approaching all conversations, shows and interactions from a place of empathy towards all points of view.
Humanity: We have the ability to respectfully disagree and engage in civil discourse with grace. We are mindful of the impact our words have on others.
Humanity: We have the ability to respectfully disagree and engage in civil discourse with grace. We are mindful of the impact our words have on others.
Inclusivity: We believe in building a community that respects everyone’s diversity - not only in terms of race, ethnicity, religion or socioeconomic status but also in terms of diversity of thought, opinions and ideas. We do not tolerate content which is divisive and aims to exclude certain groups or ideas. Content which breeds social detachment runs counter to our mission to create a positive and more inclusive world.
Inclusivity: We believe in building a community that respects everyone’s diversity - not only in terms of race, ethnicity, religion or socioeconomic status but also in terms of diversity of thought, opinions and ideas. We do not tolerate content which is divisive and aims to exclude certain groups or ideas. Content which breeds social detachment runs counter to our mission to create a positive and more inclusive world.
Prohibited Activity
Prohibited Activity
Misrepresentation / Fraud: Intentionally spreading false information is not allowed. You may not make, or use any content made available through the Service to make any misleading or deceptive statements, including by omitting other pertinent facts or context, misattributing or misquoting statements made by any other user, or combining content to produce misleading or deceptive statements. Further, you may not transmit, post or otherwise use any content made available through the Service to communicate anything that re$ects negatively on Fireside or any other user. Finally, claiming to represent the Fireside organization or any other organization that you are not a%liated with, as an employee, agent or other representative is prohibited.
Misrepresentation / Fraud: Intentionally spreading false information is not allowed. You may not make, or use any content made available through the Service to make any misleading or deceptive statements, including by omitting other pertinent facts or context, misattributing or misquoting statements made by any other user, or combining content to produce misleading or deceptive statements. Further, you may not transmit, post or otherwise use any content made available through the Service to communicate anything that re$ects negatively on Fireside or any other user. Finally, claiming to represent the Fireside organization or any other organization that you are not a%liated with, as an employee, agent or other representative is prohibited.
Illegal/Content: Support, glori!cation or praise of terrorism, organized crime or hate groups is not allowed. O#ering sexual services and selling !rearms/drugs are prohibited.
Illegal/Content: Support, glori!cation or praise of terrorism, organized crime or hate groups is not allowed. O#ering sexual services and selling !rearms/drugs are prohibited.
Hate Speech, Bullying & Abuse: Attacks or abuse based on race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religion, disability or disease are prohibited.
Hate Speech, Bullying & Abuse: Attacks or abuse based on race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religion, disability or disease are prohibited.
Activity Inciting Physical, Psychological or Informational Harm: Content and discussions which lead to activity resulting in physical or psychological harm to anyone are not allowed. Content and discussions which aim to “hide” pertinent information or prevent creators or audience members from accessing valuable information is also prohibited. In addition, activities inciting self-harm or other self-destructive behavior are also not permitted.
Activity Inciting Physical, Psychological or Informational Harm: Content and discussions which lead to activity resulting in physical or psychological harm to anyone are not allowed. Content and discussions which aim to “hide” pertinent information or prevent creators or audience members from accessing valuable information is also prohibited. In addition, activities inciting self-harm or other self-destructive behavior are also not permitted.
Malicious Content/Activities: Spam, scams or other malicious content (e.g., phishing), unauthorized sharing of personal information (e.g., personal information of some unrelated third party) and (3) suspension evasion are not permitted.
Malicious Content/Activities: Spam, scams or other malicious content (e.g., phishing), unauthorized sharing of personal information (e.g., personal information of some unrelated third party) and (3) suspension evasion are not permitted.
Violence & Nudity: Content containing audio descriptions and/or video about extreme or gratuitous gore or violence are not allowed. In addition, content containing audio descriptions and/or video pertaining to nudity are also not permitted.
Violence & Nudity: Content containing audio descriptions and/or video about extreme or gratuitous gore or violence are not allowed. In addition, content containing audio descriptions and/or video pertaining to nudity are also not permitted.
Pre-recorded Content / Prohibited Guests: Broadcasting pre-recorded content as the sole content for your show is prohibited on Fireside. In addition, only persons who have an account on Fireside may be invited to participate as a guest on any given Fireside show. Streaming guests from third party tools (e.g., Zoom) through a single user’s stream is prohibited.
Pre-recorded Content / Prohibited Guests: Broadcasting pre-recorded content as the sole content for your show is prohibited on Fireside. In addition, only persons who have an account on Fireside may be invited to participate as a guest on any given Fireside show. Streaming guests from third party tools (e.g., Zoom) through a single user’s stream is prohibited.
Fireside Guidelines / Rules: In addition to adhering to the Fireside Guiding Principles & Values set forth above, Fireside will periodically issue guidelines and rules to creators as we develop the Fireside community. Any activity in direct violation of these guidelines and/or rules is prohibited.
Fireside Guidelines / Rules: In addition to adhering to the Fireside Guiding Principles & Values set forth above, Fireside will periodically issue guidelines and rules to creators as we develop the Fireside community. Any activity in direct violation of these guidelines and/or rules is prohibited.
As a member of the Fireside community, each of us has a responsibility to uphold and enforce the values set forth above. We expect all of our users to know, follow, and enforce the Code and failure to do so can result in your removal from the Fireside platform and potentially result in the termination of your relationship with Fireside.
As a member of the Fireside community, each of us has a responsibility to uphold and enforce the values set forth above. We expect all of our users to know, follow, and enforce the Code and failure to do so can result in your removal from the Fireside platform and potentially result in the termination of your relationship with Fireside.
Special Notice for International Use; Export Controls: Software (de!ned below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Special Notice for International Use; Export Controls: Software (de!ned below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Third Party Distribution Channels
Third Party Distribution Channels
Fireside o#ers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
Fireside o#ers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Fireside and you acknowledge that these Terms of Service are concluded between Fireside and you only, and not with Apple Inc. (“Apple”), and that as between Fireside and Apple, Fireside, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
Fireside and you acknowledge that these Terms of Service are concluded between Fireside and you only, and not with Apple Inc. (“Apple”), and that as between Fireside and Apple, Fireside, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in con$ict with, the App Store Terms of Service. Your license to use the Apple-Enabled Software is limited to a non- transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in con$ict with, the App Store Terms of Service. Your license to use the Apple-Enabled Software is limited to a non- transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Fireside’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Fireside’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Fireside and you acknowledge that Fireside, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple- Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Fireside and you acknowledge that Fireside, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple- Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Fireside and Apple, Fireside, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Fireside and Apple, Fireside, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple- Enabled Software, they should be directed to Fireside as follows:
If you have any questions, complaints or claims with respect to the Apple- Enabled Software, they should be directed to Fireside as follows:
Fireside Chat Inc
Fireside Chat Inc
548 Market St, PMB 40252, San Francisco, CA, 94104-5401
548 Market St, PMB 40252, San Francisco, CA, 94104-5401
Fireside and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party bene!ciaries of these Terms of Service with respect to the Apple- Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party bene!ciary thereof.
Fireside and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party bene!ciaries of these Terms of Service with respect to the Apple- Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party bene!ciary thereof.
Intellectual Property Rights
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Fireside, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as de!ned below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Fireside from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as speci!cally authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Fireside, our a%liates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Fireside.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Fireside, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as de!ned below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Fireside from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as speci!cally authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Fireside, our a%liates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Fireside.
The FIRESIDETM and logos are trademarks and service marks of Fireside (collectively the “Fireside Trademarks”). Other Fireside, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be a%liated with or connected to Fireside. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Fireside Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Fireside Trademarks will inure to our exclusive bene!t.
The FIRESIDETM and logos are trademarks and service marks of Fireside (collectively the “Fireside Trademarks”). Other Fireside, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be a%liated with or connected to Fireside. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Fireside Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Fireside Trademarks will inure to our exclusive bene!t.
Third Party Material: Under no circumstances will Fireside be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Fireside does not pre-screen content, but that Fireside and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Fireside and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Fireside, in its sole discretion, to be 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.
Third Party Material: Under no circumstances will Fireside be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Fireside does not pre-screen content, but that Fireside and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Fireside and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Fireside, in its sole discretion, to be 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.
User Content Transmitted Through the Service: With respect to the content, audio, video or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all
User Content Transmitted Through the Service: With respect to the content, audio, video or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in