Firestorm Terms of Use
Last Modified: January 2016
1. ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between you and MyFirestorm LLC (
"MyFirestorm"). The following terms and conditions, together with any documents they expressly
incorporate
by reference (collectively, the "Terms of Use"), govern your access to and use of MyFirestorm.com,
including
any content, functionality and services offered on or through MyFirestorm.com (collectively, the
"Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by
clicking to accept or agree to the Terms of Use when this option is made available to you, you accept
and
agree to be bound and abide by these Terms of Use and the MyFirestorm
Privacy Policy, incorporated herein by reference. If you
do not want to
agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
The Website is offered and available to users who are 18 years of age or older and reside in the United
States or any of its territories or possessions. By using the Website, you represent and warrant that
you
are of legal age to form a binding contract with MyFirestorm and meet all of the foregoing eligibility
requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. CHANGES TO THE TERMS OF USE
MyFirestorm may revise and update these Terms of Use from time to time in its sole discretion. All
changes are effective immediately when they are posted, and apply to all access to and use of the
Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law
and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to
the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept
and agree to the changes. You are expected to check this page frequently so you are aware of any
changes, as they are binding on you.
3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
MyFirestorm reserves the right to withdraw or amend the Website, and any service or material it
provides as part of the Website, in its sole discretion without notice. MyFirestorm will not be liable
if for any reason all or any part of the Website is unavailable at any time or for any period. From time
to time, MyFirestorm may restrict access to some parts of the Website, or the entire Website, to users,
including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of
these
Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current and complete. You agree that all information
you provide to register with this Website or otherwise, including but not limited to through the use of
any interactive features on the Website, is governed by the Privacy Policy, and you consent to all
actions MyFirestorm takes with respect to your information consistent with the Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of
MyFirestorm’s security procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your account is personal to you and
agree not to provide any other person with access to this Website or portions of it using your user
name, password or other security information. You agree to notify us immediately of any unauthorized
access to or use of your user name or password or any other breach of security. You also agree to ensure
that you exit from your account at the end of each session. You should use particular caution when
accessing your account from a public or shared computer so that others are not able to view or record
your password or other personal information.
MyFirestorm has the right to disable any user name, password or other identifier, whether chosen by you
or provided by us, at any time in MyFirestorm’s sole discretion for any or no reason, including if, in
MyFirestorm’s opinion, you have violated any provision of these Terms of Use.
4. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design, selection and
arrangement thereof), are owned by MyFirestorm, its licensors or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret and other
intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must
not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,
republish, download, store or transmit any of the material on the Website or as part of Website, except
as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and
viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement
purposes.
- If MyFirestorm provides desktop, mobile or other applications for download, you may download a
single
copy to your computer or mobile device solely for your own personal, non-commercial use, provided
you
agree to be bound by MyFirestorm’s end user license agreement for such applications.
- If MyFirestorm provides social media features with certain content, you may take such actions as are
enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the
accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of
materials
from the Website.
- Access pirated or other illegal content through the Website.
You must not access or use for any commercial purposes any part of the Website or any services or
materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any
part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately
and you must, at MyFirestorm’s option, return or destroy any copies of the materials you have made. No
right, title or interest in or to the Website or any content on the Website is transferred to you, and
all rights not expressly granted are reserved by MyFirestorm. Any use of the Website not expressly
permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark
and other laws.
5. TRADEMARKS
The “MyFirestorm” name, the “MyFirestorm” logo, “Firestorm” and the “Firestorm” logo, and all related
names, logos, product and service names, designs and slogans are trademarks of MyFirestorm or its
affiliates or licensors. You must not use such marks without the prior written permission of
MyFirestorm. All other names, logos, product and service names, designs and slogans on this Website are
the trademarks of their respective owners.
6. PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree
not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the US
or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with
the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk
mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate MyFirestorm, a MyFirestorm employee, another user or any
other person or entity (including, without limitation, by using e-mail addresses or screen names
associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website,
or which, as determined by us, may harm MyFirestorm or users of the Website or expose them to
liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or
interfere with any other party's use of the Website, including their ability to engage in real time
activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any
purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other
unauthorized purpose without MyFirestorm’s prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or
technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website,
the server on which the Website is stored, or any server, computer or database connected to the
Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
7. USER CONTRIBUTIONS
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin
boards, and other interactive features (collectively, "Interactive Services") that allow users to post,
submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or
materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary.
By providing any User Contribution on the Website, you grant MyFirestorm and MyFirestorm’s affiliates
and service providers, and each of their and MyFirestorm’s respective licensees, successors and assigns,
the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third
parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the
license granted above to us and MyFirestorm’s affiliates and service providers, and each of their
and MyFirestorm’s respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or
contribute, and you, not MyFirestorm, have full responsibility for such content, including its legality,
reliability, accuracy and appropriateness.
MyFirestorm is not responsible, or liable to any third party, for the content or accuracy of any User
Contributions posted by you or any other user of the Website.
8. MONITORING AND ENFORCEMENT; TERMINATION
MyFirestorm has the right to:
- Remove or refuse to post any User Contributions for any or no reason in MyFirestorm’s sole
discretion.
- Take any action with respect to any User Contribution that MyFirestorm deems necessary or
appropriate in MyFirestorm’s sole discretion, including if MyFirestorm believes that such User
Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual
property right or other right of any person or entity, threatens the personal safety of users of the
Website or the public or could create liability for MyFirestorm.
- Disclose your identity or other information about you to any third party who claims that material
posted by you violates their rights, including their intellectual property rights or their right to
privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including
without limitation, any violation of these Terms of Use.
Without limiting the foregoing, MyFirestorm has the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information of
anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MYFIRESTORM AND ITS
AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF
THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, MyFirestorm does not undertake to review all material before it is posted on the Website, and
cannot ensure prompt removal of objectionable material after it has been posted. Accordingly,
MyFirestorm assumes no liability for any action or inaction regarding transmissions, communications or
content provided by any user or third party. MyFirestorm has no liability or responsibility to anyone
for performance or nonperformance of the activities described in this section.
9. CONTENT STANDARDS
These content standards (“Content Standards”) apply to any and all User Contributions and use of
Interactive Services. User Contributions must in their entirety comply with all applicable federal,
state, local and international laws and regulations. Without limiting the foregoing, User Contributions
must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other
rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy
any other person
- Impersonate any person, or misrepresent your identity or affiliation with any person or
organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions,
barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if
this is not the case.
10. COPYRIGHT INFRINGEMENT
If you believe that any User Contributions violate your copyright, please see MyFirestorm’s Copyright
Policy below for instructions on sending us a notice of copyright infringement. It is the policy of
MyFirestorm to terminate the user accounts of repeat infringers.
11. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information
purposes. MyFirestorm does not warrant the accuracy, completeness or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. MyFirestorm disclaims all liability
and responsibility arising from any reliance placed on such materials by you or any other visitor to the
Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users,
bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to questions and other
content, other than the content provided by MyFirestorm, are solely the opinions and the responsibility
of the person or entity providing those materials. These materials do not necessarily reflect the
opinion of the MyFirestorm. MyFirestorm is not responsible, or liable to you or any third party, for the
content or accuracy of any materials provided by any third parties.
12. CHANGES TO THE WEBSITE
MyFirestorm may update the content on this Website from time to time, but its content is not
necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given
time, and MyFirestorm is under no obligation to update such material.
13. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
AND
USE OF SERVICES
All information MyFirestorm collects is subject to MyFirestorm’s Privacy Policy. By using the Website,
you consent to all actions taken by us with respect to your information in compliance with the Privacy
Policy.
14. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through MyFirestorm’s site or other transactions for the sale of goods, services or
information formed through the Website or as a result of visits made by you are governed by the terms of
sale and, if applicable, the MyFirestorm Membership Agreement, which are hereby incorporated into these
Terms of Use.
Additional terms and conditions may also apply to specific portions, services or features of the
Website. All such additional terms and conditions are hereby incorporated by this reference into these
Terms of Use.
15. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to MyFirestorm’s homepage, provided you do so in a way that is fair and legal and does not
damage MyFirestorm’s reputation or take advantage of it, but you must not establish a link in such a way
as to suggest any form of association, approval or endorsement on MyFirestorm’s part without
MyFirestorm’s express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send e-mails or other communications with certain content, or links to certain content, on the
Website.
- Cause limited portions of content on Website to be displayed or appear to be displayed on your own
or certain third-party website.
You may use these features solely as they are provided by MyFirestorm, and solely with respect to the
content they are displayed with and otherwise in accordance with any additional terms and conditions
MyFirestorm provides with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example,
framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with
any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in
all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We
reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in
MyFirestorm’s discretion.
16. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including banner
advertisements and sponsored links. MyFirestorm has no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that may arise from your use
of them. If you decide to access any of the third party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and conditions of use for such websites.
17. GEOGRAPHIC RESTRICTIONS
yFirestorm is based in the United States. MyFirestorm provides the Website for use only by persons
located in the United States. We make no claims that the Website or any of its content is accessible or
appropriate outside of the United States. Access to the Website may not be legal by certain persons or
in certain countries. If you access the Website from outside the United States, you do so on your own
initiative and are responsible for compliance with local laws.
18. DISCLAIMER OF WARRANTIES
You understand that MyFirestorm cannot and does not guarantee or warrant that files available for
downloading from the internet or the Website will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output, and for maintaining a
means external to MyFirestorm’s site for any reconstruction of any lost data. MYFIRESTORM WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR
OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR WEBSITE OR ITEMS OBTAINED THROUGH THE
WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY CONTENT, WEBSITES OR ITEMS OBTAINED THROUGH THE WEBSITE IS
AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER MYFIRESTORM NOR ANY PERSON ASSOCIATED WITH MYFIRESTORM MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MYFIRESTORM NOR ANYONE ASSOCIATED
WITH MYFIRESTORM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY ITEMS OR SERVICES OBTAINED
THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT MYFIRESTORM’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THE WEBSITE OR ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.
MYFIRESTORM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS
FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. LIMITATION ON LIABILITY
IN NO EVENT WILL MYFIRESTORM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON
THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,
LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. INDEMNIFICATION
You agree to defend, indemnify and hold harmless MyFirestorm, its affiliates, licensors and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to
your violation of these Terms of Use or your use of the Website, including, but not limited to, your
User Contributions, any use of the Website content, services and products other than as expressly
authorized in these Terms of Use or your use of any information obtained from the Website.
21. GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom
or related thereto (in each case, including non-contractual disputes or claims), shall be governed by
and construed in accordance with the internal laws of the State of Colorado without giving effect to any
choice or conflict of law provision or rule (whether of the State of Colorado or any other
jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website
shall be instituted exclusively in the federal courts of the United States or the courts of the State of
Colorado in each case located in the City and County of Denver, although MyFirestorm retains the right
to bring any suit, action or proceeding against you for breach of these Terms of Use in your location of
residence or any other relevant location. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts
22. ARBITRATION
At MyFirestorm's sole discretion, it may require you to submit any disputes arising from the use of
these Terms of Use or the Website, including disputes arising from or concerning their interpretation,
violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules
of Arbitration of the American Arbitration Association applying Colorado law.
23. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE
WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE
OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24. WAIVER AND SEVERABILITY
No waiver by MyFirestorm of any term or condition set forth in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition, and
any failure of MyFirestorm to assert a right or provision under these Terms of Use shall not constitute
a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms of Use will continue in full force
and effect.
25. ENTIRE AGREEMENT
The Terms of Use, Privacy Policy. Membership Agreement, and any terms of sale constitute the sole and
entire agreement between you and MyFirestorm with respect to the Website and supersede all prior and
contemporaneous understandings, agreements, representations and warranties, both written and oral, with
respect to the Website.
26. YOUR COMMENTS AND CONCERNS
The Website is operated by MyFirestorm LLC.
All notices of copyright infringement claims should be sent to the copyright agent designated in
MyFirestorm’s Copyright Policy, below, in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the
Website should be directed to: admin@MyFirestorm.com
27. COPYRIGHT POLICY
(a) Reporting Claims of Copyright Infringement
MyFirestorm takes claims of copyright infringement seriously. MyFirestorm will respond to notices of
alleged copyright infringement that comply with applicable law. If you believe any materials accessible
on or from the Website infringe your copyright, you may request removal of those materials (or access to
them) from the Service by submitting written notification to MyFirestorm’s Copyright Agent (designated
below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include
substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves
multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to
allow us to locate that material.
- Adequate information by which MyFirestorm can contact you (including your name, postal address,
telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized
by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright
owner.
Our designated Copyright Agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice
may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website
is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees)
under Section 512(f) of the DMCA.
(b) Counter-Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by
mistake or misidentification, you may file a counter-notification with MyFirestorm (a "Counter-Notice")
by submitting written notification to MyFirestorm’s copyright agent (identified below). Pursuant to the
DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or access disabled.
- Adequate information by which MyFirestorm can contact you (including your name, postal address,
telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material
identified above was removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial
district in which your address is located (or if you reside outside the United States for any
judicial district in which the Website may be found) and that you will accept service from the
person (or an agent of that person) who provided the complaint at issue.
Completed Counter-Notices should be sent to:
The DMCA allows MyFirestorm to restore the removed content if the party filing the original DMCA Notice
does not file a court action against you within ten business days of receiving the copy of your
Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website
was removed or disabled by mistake or misidentification, you may be held liable for damages (including
costs and attorneys' fees) under Section 512(f) of the DMCA.
(c) Repeat Infringers
It is MyFirestorm’s policy in appropriate circumstances to disable and/or terminate the accounts of
users who are repeat infringers.