It is important to read the following Site Terms. Your use of the web site www.bonfiremedia.com ("Site") constitutes your agreement to abide by these Site Terms. If you do not agree to them, do not use the Site. The Site is owned and operated by Bonfire Media, Inc. ("BONFIRE").
We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the information displayed hereon, provided that you comply fully with these Terms and Conditions of Use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on the Site without our express written permission. You agree that you will not use the Site for chain letters, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
ADDITIONAL PROHIBITED USES
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (x) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (y) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (z) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using the Site.
"BONFIRE" and other related marks are trademarks and service marks of BONFIRE and are protected by law. They may be used publicly only with permission from BONFIRE. Fair use of the trademarks and service marks requires proper acknowledgment. ALL RIGHTS RESERVED. All other trademarks are owned by their respective owners.
COPYRIGHT NOTICE; OWNERSHIP
All materials and information set forth on the Site are protected by copyright, and owned or controlled by or licensed to BONFIRE, or the party listed as the provider of the materials or other information. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site for the specified uses only, provided that you maintain all copyright, trademark and other notices contained in such material and you agree to abide by all additional copyright notices, information or restrictions contained in any material accessed through the Site. Except as expressly provided in a separate license agreement, BONFIRE and its suppliers of the Site materials do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information.
MODIFICATION OF SITE TERMS
BONFIRE reserves the right to revise the Site and these Site Terms at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time. Certain provisions of these Site Terms may be superseded by expressly designated legal notices or terms on particular pages of the Site or in separate written agreements between BONFIRE and you.
LINKS TO OTHER SITES AND/OR MATERIALS
Links may appear on the Site that may be used to link to other web site(s). These links are provided as a courtesy to our Site visitors. BONFIRE has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites. BONFIRE is not responsible for and does not endorse or warrant in any way any privacy or other practices of such web sites or any materials information, goods or services available through such linked web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. BONFIRE reserves the right to terminate any link at any time.
DISCLAIMER; LIMITATION OF DAMAGES
(a) BONFIRE does not recommend use of its service during certain activities, such as automobile driving, where there exists a significant risk of accident. The user of BONFIRE's service and the Site agrees not to use BONFIRE's service or games during such activities and acknowledges that any such use would be a violation of these Site Terms and is at user's sole risk and BONFIRE will not be responsible for any direct, incidental, consequential, special or punitive damages resulting from such use.
(b) BONFIRE is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site nor for any delays, inaccuracies, errors or omissions arising out of your use of the Site or with respect to the material contained on the Site, including without limitation, any material posted on the Site. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, FORUM FACILITIES, SUBSCRIPTION SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) AND ANY MARKETING OR PROMOTIONAL ACTIVITIES OR ANY OTHER ITEM OR SERVICE PROVIDED VIA THE SITE IS PROVIDED "AS IS", WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY CLAIM IN TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY). WITHOUT LIMITING THE FOREGOING, BONFIRE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL BONFIRE BE LIABLE FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BONFIRE MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES. BONFIRE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY OR THAT THE SITE, INCLUDING THE FORUM FACILITIES OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BONFIRE WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE, WHETHER THE MATERIAL IS PROVIDED BY BONFIRE OR A THIRD PARTY.
(c) Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. BONFIRE reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or to deny access to the Site to anyone at any time. Neither BONFIRE nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(d) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
(e) ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.)
(f) Neither BONFIRE nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or use BONFIRE's services, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
You agree to indemnify and hold BONFIRE and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Site Terms, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
BONFIRE operates the Site from its offices in Santa Clara County, California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site alone does not subject BONFIRE to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action brought to in connection with the Site or Site content shall be brought in either the state or federal courts with jurisdiction in Santa Clara County, California.