and Infringement Policy
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICES.
If you have any questions about these Terms, please email us at email@example.com
1. GENERAL TERMS
There are a few basic requirements you must comply with as a condition to having the right to use the Services.
a. If you are under the age of 13, please discuss these Terms with your parents or legal guardian. They must consent to your use of the Services. If you are under the age of 18, Ignite reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request.
b. Users who we have previously prohibited from using the Services are not permitted to access the Services.
c. You may use the Services and access any content we provide only for their intended purpose in accordance with the terms of this Agreement.
2. YOUR ACCOUNT
You do not have to register to visit our Website. However, if you wish to contribute to the Website, submit content to us or otherwise access special features of the Services, you need to register with us and create a user account (your "Account"). The following terms apply to your Account:
a. You will not transfer your Account to anyone without first getting our written permission.
b. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. We will never ask you for your password directly - if someone does that, you must contact us at firstname.lastname@example.org
c. You can close your Account by contacting email@example.com
. However, only by ceasing to use the Services can you terminate any continuing obligation you have to follow the Terms - except that certain Terms applicable to your actions using our Services in the past will survive.
d. Ignite has no obligation to retain a record of your Account or any data or information that you may have stored for your convenience by means of your Account or the Services.
e. By providing us with your email address, you agree that we may send you emails related to your Account and to the Services generally. If you do not want to receive such general emails, you can opt-out by following the instructions in our messages. You may not opt out of emails relating to the administration of your Account.
3. WHAT YOU MAY NOT DO
Use of the Services or Website in a manner that violates any applicable law, rule, or regulation, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Ignite reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with these Terms. Without limitation, you will not:
a. Except as expressly permitted by these Terms, copy, reproduce, modify, distribute, display, create derivative works of or transmit any content of the Website;
b. Use the Website, Services, or any of our marks commercially, for benchmarking, or to compile information for a competitive product or service;
c. Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services and/or Website (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components), or otherwise attempt to obtain source code;
d. Interfere with or damage the Website or our servers, including, without limitation, through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology;
e. Impersonate or misrepresent your identity or affiliation with a person, entity or organization, including, without limitation, us, or use a false identity;
f. Attempt to obtain unauthorized access to the Website or attempt to obtain any materials or information through any means not intentionally made available through the Website;
g. Collect, manually or through an automatic process, information about users of the Website;
h. Violate, misappropriate or infringe a third party's intellectual property or other right;
i. Interfere with any third party's ability to use or enjoy, or our ability to provide, the Website or Services;
j. Engage, directly or indirectly, in any type of unsolicited solicitation; or
k. Assist or encourage any third party in engaging in any activity prohibited or restricted by these Terms.
4. CONTRIBUTIONS TO THE WEBSITE
a. By sharing, submitting and uploading any photos, video, data or other content ("User Content"), you grant Ignite a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license and right (but not the obligation) to use, reproduce, distribute, prepare derivative works of, display, transmit and perform your User Content in any legal manner or medium, now known or hereafter devised, for the benefit of Ignite. For clarity, you retain all of your ownership rights in your User Content.
b. Additionally, you further grant Ignite a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide license and right (but not the obligation) to exploit your name, alias (e.g. a username or custom emblem), likeness, personality, voice, and any other materials or information you submit to Ignite in connection with your User Content.
c. You acknowledge and agree that you are solely responsible for all the User Content that you make available through Ignite. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Ignite the required rights to disseminate any User Content, (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Ignite's use of your uploaded User Content (or any portion thereof) on, through or by the means of Ignite will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation, (3) your User Content does not contain any material that depicts nudity; is sexually explicit, profane, defamatory, or obscene; pertains to violence, discrimination, or illegal activities; or is offensive, harassing, or threatening, and (4) your User Content does not contain or link to any malicious code or content of any kind.
d. If you believe any content available through the Services infringes your rights or the rights of others, you can submit a complaint through our Infringement Policy. [LINK]
5. IGNITE INTELLECTUAL PROPERTY RIGHTS
a. Intellectual Property Rights. All content on the Website, or otherwise made available via the Website ("Content"), the trademarks, service marks and logos contained therein, the design of the Website and/or Services, and all software and other technology used to provide the Website and/or Services, are owned by or licensed to Ignite. We reserve all rights not expressly granted to you.
b. Third Party Content. The Website may contain Content provided by third parties. In addition, the Website may contain links to third party websites. Ignite is not responsible for the content on any linked site or any link contained in a linked site, or any changes to such sites. We do not endorse or accept any responsibility for the content on, or the practices of, such third party sites.
6. IGNITE REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
Using our Services contains some risks. We need to tell you about them and let you know that Ignite is not responsible for any harm you may experience. Specifically:
a. THE IGNITE SERVICES, AND ALL MATERIALS, CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES AND WEBSITE, ARE PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. IGNITE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT.
b. IGNITE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS OR OTHERWISE CURRENT OR COMPLETE, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA.
d. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION ON DAMAGES
Ignite's liability is limited for any damages you or a third party may incur, as follows:
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IGNITE, ITS AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, OR ATTORNEYS' FEES , ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF IGNITE OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF IGNITE IN CONNECTION WITH THE WEBSITE AND SERVICES EXCEED $100 OR THE AMOUNTS YOU PAID TO IGNITE, WHICHEVER IS GREATER.
c. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OR NATION OF RESIDENCE.
8. REPRESENTATIONS AND WARRANTIES
You must provide us with true, current, complete and accurate information and follow these Terms. In particular, if you use our Services, you are representing and warranting to Ignite that:
a. You have the full power and authority to enter into and follow these Terms;
b. By using the Website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Website constitutes such third party's acceptance of these Terms;
c. Your agreement to and following these Terms does not and will not breach or conflict with any other agreement or arrangement you have with someone else or otherwise violate the law; and
d. These Terms are binding on you and enforceable against you.
a. You agree to defend, indemnify, and hold Ignite and its employees, representatives, agents, attorneys, affiliates, directors, officers, and members ("Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to any other party's access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); or (iii) arising from or related to our use of your User Content in the context of the Services.
b. If you are required to provide indemnification, Ignite may, in its sole and absolute discretion, control any Claim at your sole cost and expense. You may not settle, compromise or in any other manner dispose of any Claim without Ignite's consent.
10. CHANGES TO THE SERVICES; TERMINATION
a. Termination. Ignite may, in its sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Website, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the Website at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole and absolute discretion, violate these Terms, our rights or the rights of any third party) or no reason at all.
b. Effect of Termination. If we terminate your use of the Website or Services, you must cease all use of the Website and our Services immediately. The Terms will survive indefinitely unless and until Ignite chooses to terminate them.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org
, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow 60 days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:
a. These Terms, your use of the Website and Services, and any other matter relating to Ignite will be governed by the laws of California, without regard to conflict of laws principles.
b. These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including without limitation utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:
i. First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
ii. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, if the claim and the parties are within the jurisdiction of the small claims court.
c. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
d. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
a. Software made available through the Services may be subject to United States export control laws, which state that certain software cannot be downloaded to certain countries or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders (and by using the Services you represent you are not on any of those lists).
b. This Agreement makes up the entire agreement between the parties regarding Ignite, and supersedes any prior agreements.
c. Under no circumstances shall Ignite or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Ignite's reasonable control.
d. When you use the Website or Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website or through the other Ignite Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to give communicate with or give notice to us, you must use the address email@example.com
e. You may not transfer your rights or obligations under these Terms without the prior written consent of Ignite. Ignite may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and Ignite. These Terms do not create any third party beneficiary rights. These Terms will be interpreted as if equally drafted by Ignite and you. A party's failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. You and Ignite are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The terms "includes" or "including" mean "includes, but is not limited to" and "including, but not limited to" respectively.
f. If any provision of this Agreement is declared invalid or unenforceable, then such provision will be deemed automatically amended to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, will be a legally binding provision of this Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision will be deemed deleted from this Agreement as though such provision had never been included herein. In either case, the remaining provisions of this Agreement will remain in full force and effect. Also, the invalidity or unenforceability of any single part of these Terms will not affect the validity or enforceability of any other part of these Terms, all of which will remain in full force and effect.