PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY AS THEY OUTLINE YOUR RIGHTS AND RESPONSIBILITIES AND, IN CONJUNCTION WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MVP FIRE FANS REGARDING YOUR USE OF THIS WEBSITE.
These Terms and Conditions regulate your use of the website operated by MVP Fire Fans (collectively “MVP Fire Fans” “the website” “we” “us” or “our”), and the related services (with the websites, the “Service”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to as the “Agreement.”
We reserve the right, at our discretion, to change, alter or modify all or any part of this agreement at any time, effective immediately upon notice published on this website. Your use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by MVP Fire Fans as permitted above. Periodic review this Agreement is recommended to ensure agreement with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable, immediately cease all use of the website and any Service.
When registering you will select a username and password and be responsible for all activities occurring under your username and for keeping your password secret and secure. We reserve the right to refuse issuance of a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion.
The Service is directed to teenagers and adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. MVP Fire Fans complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. By registering for any Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service (“Player”). Creating a Player account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the website or Service and such accounts will be terminated by MVP Fire Fans.
By registering on the website or using the Service, you represent and confirm that all registration information you submit is truthful and accurate. The profile that you create upon registering for the Service (the “Player Profile”) must represent 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. If you wish to view or change your profile, you can do so by changing your player profile page.
2. Use of Online Content
You acknowledge that the website Service provides information, online software, articles, reviews, photographic images, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of MVP Fire Fans or third parties. All Content on the Service is copyrighted as a collective work of MVP Fire Fans pursuant to applicable copyright law. You agree to comply with all copyright laws and to any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the website or Service may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may also become Players and are permitted to use the Service.
Registered users may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or that enforce limitations on use.
You may post on the Service only content owned by you (such as your original statements or video clips), content for which you have received express permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to MVP Fire Fans and its successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Service) to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).
You may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
3. Rules of Conduct
MVP Fire Fans may investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Service, you may not:
- Use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- Post on the Service any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- Reformat or use any portion of any web page that is part of the Service in an iFrame;
- Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Submit any Material that falsely implies sponsorship of that Material by the Service and/or MVP Fire Fans, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service;
- Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, and unlawful or promotes or encourages illegal activity.
- Harvest or collect email addresses or other contact information of other users by electronic or other means.
The above is not a complete list of illegal and/or prohibited uses of the Service.
Use of our Service is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Service.
4. Managing Content
Despite our rights outlined below, you shall remain solely responsible for all Material you post. Although MVP Fire Fan reserves the right to approve and/or remove any offending Content on the Service, you understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.
MVP Fire Fans has the right, but not the obligation, to take any of the following actions at our sole discretion at any time and for any reason without presenting you with any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, edit or remove any Material for any reason;
- Refuse, move, edit or remove any Content that is available on our sites;
- Deactivate or delete your account(s) and all related information and files in your account(s);
- Edit or establish general practices and limits concerning use of our sites and Services.
You agree that MVP Fire Fans will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our sponsors or partners, and such should be considered part of the website or Services.
MVP Fire Fans does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of MVP Fire Fans. MVP Fire Fans is an independent entity that promotes player activities as related to FireFan™ and is not an official representative of FireFan™ or United Games Marketing.
The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that MVP Fire Fans is not responsible for the availability of, or the content located on or through, any External Site that may be lined to by the website. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site by MVP Fire Fans. You should contact the site administrator or webmaster for those External Sites with any issues regarding such links or the content contained on third party sites.
MVP Fire Fans does not sell, resell, or license any of the products or the services that may be reviewed, listed or promoted on our website, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties must be conducted entirely between you and said third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions with third parties. Any issues, questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
You agree to indemnify, defend and hold MVP Fire Fans and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “MVP Fire Fans Agents”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any MVP Fire Fans Agent in connection with:
- Your use of, or connection to, our Service;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of Material that you submit;
- Your violation of the rights of any other person or entity
7. Termination of Service
MVP Fire Fans reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of your player account, the website or Service, including all areas, at any time for any reason without prior notice to you or liability. Conversely, you may terminate your player account and discontinue use of the website or Service at any time, for any reason, by emailing MVP Fire Fans at email@example.com. Once your player account is terminated, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your membership. MVP Fire Fans may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any profile, calendar, feature, database, or Content, without prior notice to you or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact please notify the designated agent immediately, Webmaster, MVP FireFans/EMG Productions, Inc. at 702 Prospect, Marble Hill, Missouri 63764.
Notification of claimed infringement must include the following:
- (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
- (c) a description of where the material that you claim is infringing is located on the Service;
- (d) your address, telephone number, and email address;
- (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
- (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
If your materials have been removed due to alleged infringement of a third party’s intellectual property rights, MVP Fire Fans will attempt, but is not required, to notify you.
Any person who knowingly misrepresents that the material is infringing, shall be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee who is injured by such misrepresentation. That person may also be subject to criminal prosecution for perjury.
9. Disclaimer of Warranties; Limitation of Liability.
Neither MVP Fire Fans nor any provider of third party content or their respective agents warrants that the Service will be uninterrupted or error free; nor does MVP Fire Fans, any third party content provider, or their respective agents make any warranty as to the accuracy of the Content or the results to be obtained from use of the Service or the Content.
The Service and the Content are distributed on an “as is, as available” basis. None of MVP Fire Fans, third party content providers or their respective agents makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the website or Service, or any Content. Neither MVP Fire Fans, nor any third party content provider, warrants that any files available to download through the website or Service will be free of viruses or similar contamination or destructive features.
You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that MVP Fire Fans is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.
MVP FIRE FANS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. MVP FIRE FANS, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of MVP Fire Fans, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF A SITE, YOU RELEASE MVP FIRE FANS AND ITS RESPECTIVE AGENTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD MVP FIRE FANS HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
10. Player/User Disputes
You are solely responsible for your interactions with other Players on the website or users of the Service. MVP Fire Fans reserves the right, but has no obligation, to monitor disputes between you and other Players.
11. International Use
We make no claims that any Material, Service or any Content is appropriate or may be downloaded outside of the United States. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any of our sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: i) all local rules regarding user conduct on the Internet and acceptable content; and ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you reside.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. This Agreement shall be construed in accordance with the laws of the State of Missouri, without reference to principles of choice of law. You and MVP Fire Fans each irrevocably consent to the personal jurisdiction of the federal or state courts located in Marble Hill, Missouri, (the “Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non convenes or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please contact firstname.lastname@example.org , using the subject line “Question about Terms and Conditions” should you have any concerns, questions or comments about this agreement, or to notify of any user or player violating these Terms and Conditions.