Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Fyrebox, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Fyrebox of any unauthorized uses of your account or any other breaches of security. Fyrebox will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Fyrebox has the right (though not the obligation) to, in Fyrebox’s sole discretion (i) refuse or remove any content that, in Fyrebox’s reasonable opinion, violates any Fyrebox policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fyrebox’s sole discretion. Fyrebox will have no obligation to provide a refund of any amounts previously paid.
Paid services such as the ability to create a custom quiz, are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Fyrebox the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Fyrebox before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Premium page of the fyrebox website. A reimbursement of the monthly fee for the current month can be requested upon cancellation of a plan if made within 7 days of the renewal date.
Fyrebox has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Fyrebox does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fyrebox disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Fyrebox.com links, and that link to Fyrebox.com. Fyrebox does not have any control over those non-Fyrebox websites and webpages, and is not responsible for their contents or their use. By linking to a non-Fyrebox website or webpage, Fyrebox does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fyrebox disclaims any responsibility for any harm resulting from your use of non-Fyrebox websites and webpages.
As Fyrebox asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fyrebox.com violates your copyright, you are encouraged to notify Fyrebox. Fyrebox will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Fyrebox will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Fyrebox or others. In the case of such termination, Fyrebox will have no obligation to provide a refund of any amounts previously paid to Fyrebox.
This Agreement does not transfer from Fyrebox to you any Fyrebox or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fyrebox. Fyrebox, Fyrebox, Fyrebox.com, the Fyrebox.com logo, and all other trademarks, service marks, graphics and logos used in connection with Fyrebox.com, or the Website are trademarks or registered trademarks of Fyrebox or Fyrebox’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fyrebox or third-party trademarks.
Footer credits and the Fyrebox.com toolbar may not be removed unless the enterprise upgrade has been purchased.
Fyrebox reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fyrebox may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Fyrebox may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Fyrebox.co account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Fyrebox and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fyrebox nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Fyrebox, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fyrebox under this agreement during the twelve (12) month period prior to the cause of action. Fyrebox shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Fyrebox, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Fyrebox and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fyrebox, or by the posting by Fyrebox of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of VICTORIA, Australia.
Fyrebox’s Users are subject to the following restrictions:
i) Users shall use any Image:
(1) In any quiz created on the Fyrebox website as a background image using the Theme Builder or "Saved Images" features
(2) In the background of any question of an image quiz created on the Fyrebox website.
ii) Users shall not use any Image:
(1) Except solely as incorporated into the products created on Fyrebox.
(2) together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
(3) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging inimmoral or criminal activities.
(4) as a trademark, service mark, or logo.
iii) Once an image has been purchased, we're unable to offer a refund.
This document was last updated on July 26, 2016