PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING ANY OF THE Firehaus Studio, Inc. SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THE FIREHAUS STUDIO, INC SERVICES.
Firehaus Studio, Inc., ("Firehaus Studio, Inc.") has elected to make available to you its proprietary Bringit Signup Sheet™ Service, a web-based event planning application (the “Firehaus Studio, Inc. Service”). The Firehaus Studio, Inc. Services may not be used for the sending of unsolicited email (sometimes called "spam"). See our Email Policy referenced herein.
The following are the terms and conditions for access to and use of the Firehaus Studio, Inc. Services. By checking the ‘I Agree’ button on the sign-up page or by using any of the Firehaus Studio, Inc. Services, you, the subscriber to the Firehaus Studio, Inc. Services, are acknowledging that you have accepted these terms and conditions (also referred to as this “Agreement”).
Accounts can be paused for up to two months to stop billing and hide your account. You are responsible for pausing your account. After two months the account will automatically become active and billing will resume on your normal billing renewal period. Pausing your account lets you keep your account url and all sheets but pauses the billing temporarily.
You are responsible for canceling your account. You can cancel anytime by logging in to your account, going to the "Manage Account" page. Emailing or calling Firehaus Studio, Inc. to cancel your account is not a valid form of cancellation.
Upon canceling, your information will be immediately and permanently deleted from the system. Deleted accounts cannot be recovered.
You shall not attempt to access any other of Firehaus Studio, Inc.'s systems, programs or data that are not made available for public use. In order to use the Firehaus Studio, Inc. Services, you are responsible at your own expense to access the Internet, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
Subject to these terms and conditions and your payment of all applicable fees, Firehaus Studio, Inc. hereby grants to you a non-exclusive, non-transferable, revocable license to allow up to one User to access the Firehaus Studio, Inc. Service solely for your own internal use. A “User” shall mean you unless you are a corporate or similar entity, in which case a User shall mean any of your employees, consultants or independent contractors. This license is restricted to use by you and your Users and does not include the right to use any Firehaus Studio, Inc. Service on behalf of any third party or the right to permit any non-User to access or use any Firehaus Studio, Inc. Service. All rights not expressly granted to you are reserved by Firehaus Studio, Inc. and its licensors. There are no implied rights.
This is an Agreement for services and access to the Firehaus Studio, Inc. Services only, and you are not granted a license to any software by this Agreement. Unauthorized use, resale or commercial exploitation of any of the Firehaus Studio, Inc. Services in any way is expressly prohibited. Without Firehaus Studio, Inc.’s express prior written consent in each instance, you shall not (and shall not allow any third party to): reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of any of the Firehaus Studio, Inc. Services or any software or data related to the Firehaus Studio, Inc. Services or used to make the Firehaus Studio, Inc. Services available to you. Except as expressly permitted in this Agreement, you shall not copy, license, sell, transfer, make available, lease, time-share, distribute, or assign any of the Firehaus Studio, Inc. Services, or your rights to use the Firehaus Studio, Inc. Services to any third-party. You shall take all measures necessary to ensure compliance by all of your Users authorized to access the Firehaus Studio, Inc. Services with these terms and conditions and shall be liable for any breach by your Users of such terms and conditions. You are responsible for maintaining the security of your account, passwords and files.
You represent, warrant and agree that you shall operate your business and use the Firehaus Studio, Inc. Services solely in accordance with all applicable laws and regulations and these terms and conditions (including but not limited to the federal CAN-SPAM Act of 2003 and all policies and laws related to spamming and privacy). Firehaus Studio, Inc. may, in its sole discretion, block any email messages, remove any of your content or prohibit any use of the Firehaus Studio, Inc. Services that Firehaus Studio, Inc. believes may be in violation of the foregoing.
You acknowledge and agree that all right, title and interest in and to the Firehaus Studio, Inc. Services and all derivatives thereof (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith) are and shall remain Firehaus Studio, Inc.’s or its licensors’, and this Agreement in no way conveys any right or interest in the Firehaus Studio, Inc. Services other than a limited license to use them in accordance herewith. The Firehaus Studio, Inc. name, the Firehaus Studio, Inc. logo, and the product names associated with the Firehaus Studio, Inc. Services, including, but not limited to “Brintit™”, are trademarks of Firehaus Studio, Inc. or third parties, and no right or license is granted to use them. You shall not remove any Firehaus Studio, Inc. trademark or logo from any Firehaus Studio, Inc. Service.
In connection with the Firehaus Studio, Inc. Services, you acknowledge and agree that Firehaus Studio, Inc. will store, collect and maintain certain information related to your designated recipients of your email communications (“Data”), including, without limitation, (i) items recipients have agreed to provide to you, (ii) your recipient’s email addresses, and (iii) any information you provide to us in registering for use of any of the Firehaus Studio, Inc. Services.
Firehaus Studio, Inc. shall not publicly distribute or disclose any such Data unless aggregated with other data and in a form and manner that does not associate such Data with you or a particular recipient of yours.
All content (articles, images, data and email addresses) which you enter or upload into the Firehaus Studio, Inc. Services (the “Customer Content”) are stored in a private and secure fashion, and will not be used by Firehaus Studio, Inc. except as set forth herein and except as necessary to provide the Firehaus Studio, Inc. Services to you and you hereby grant to Firehaus Studio, Inc. a limited, non-exclusive, non-transferable, royalty-free right to copy, use, store, display and distribute the Customer Content in connection with providing the Firehaus Studio, Inc. Services to you. The accuracy of Customer Content shall be your sole responsibility. Firehaus Studio, Inc. does not guarantee the accuracy, integrity or quality of such Customer Content. You represent and warrant that you shall not use the Firehaus Studio, Inc. Services to: (a) upload or otherwise transmit any Customer Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that exploits children; (b) upload or otherwise transmit any Customer Content that you do not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) upload or otherwise transmit any Customer Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person; or (d) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Firehaus Studio, Inc. may immediately disable or terminate your access to the Firehaus Studio, Inc. Services without refund if Firehaus Studio, Inc. determines, in its sole discretion, that you have violated any of the policies listed above or elsewhere in this Agreement. Certain states have child protection registry laws that prohibit the sending of email to email addresses listed on the registry if the email, or a linked website, advertises a product or service that may not be lawfully purchased by the email recipient. If your Customer Content, or any linked website, advertises any product or service that may not be lawfully purchased by minors in all states, it is your responsibility to ensure that the email addresses you provide to Firehaus Studio, Inc. do not include any email addresses that are listed on any such child protection registry. You represent and warrant that you shall not use the Firehaus Studio, Inc. Services to procure the sending by Firehaus Studio, Inc. of any email to any recipient in breach of any such law.
In connection with your use of the Service, you shall at all times comply with the Firehaus Studio, Inc. Email Policy, which may be modified by Firehaus Studio, Inc. from time to time, in its sole discretion. We will email customers with information and updates related to Bringit.
Firehaus Studio, Inc. may terminate this Agreement and your use of the Firehaus Studio, Inc. Services or disable your account, in each case at any time with or without cause, and with or without notice. Firehaus Studio, Inc. shall have no liability to you as a result of such termination or disablement. You may terminate this Agreement or your use of a Firehaus Studio, Inc. Service at any time by filling out a termination form provided within the applicable Firehaus Studio, Inc. Service or by activating the self-termination application set forth in the Firehaus Studio, Inc. Service. There are no refunds for any fees paid. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
Firehaus Studio, Inc. reserves the right to modify the terms and conditions set forth in this Agreement, and/or the prices for any Firehaus Studio, Inc. Services, at any time in its discretion. Firehaus Studio, Inc. will use its reasonable efforts to notify you by email if it has made any changes in the prices or this Agreement, but, whether or not such notification is provided, you are responsible for reviewing the then current Firehaus Studio, Inc. publication prices, terms and conditions which shall be set forth on the website for the Firehaus Studio, Inc. Services. If you continue to use the Firehaus Studio, Inc. Services after Firehaus Studio, Inc. has made any such changes without exercising your termination rights, then you will be deemed to have accepted and agreed to such changes.
You represent and warrant that: (i) Customer Content will not infringe on the copyrights, trademarks, service marks, patents, trade secret, privacy, publicity, or other intellectual property or personal rights held by any third party; (ii) you have all power and authority to enter into this Agreement and have duly and validly authorized this Agreement, which shall be enforceable against you in accordance with its terms, and; (iii) you agree to comply with all federal and state laws, regulations and rules, including without limitation regulations pertaining to online commerce, and consumer privacy rules promulgated the Federal Trade Commission.
THE Firehaus Studio, Inc. SERVICES ARE PROVIDED TO YOU “AS IS”. YOU ACKNOWLEDGE AND AGREE THAT ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL OBLIGATIONS AND REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTIES WHICH MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY Firehaus Studio, Inc.. Firehaus Studio, Inc. DOES NOT WARRANT THAT YOUR USE OF ANY OF THE Firehaus Studio, Inc. SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. Firehaus Studio, Inc. SHALL NOT BE LIABLE FOR ANY FAILURE OF THE Firehaus Studio, Inc. SERVICES ARISING DUE TO FACTORS OUTSIDE Firehaus Studio, Inc.’S REASONABLE CONTROL.
Your sole and exclusive remedy for any failure or nonperformance of the Firehaus Studio, Inc. Services and Firehaus Studio, Inc.’s sole remedy shall be for Firehaus Studio, Inc. to use commercially reasonable efforts to repair the error or defect in the applicable Firehaus Studio, Inc. Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Firehaus Studio, Inc. OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF Firehaus Studio, Inc. TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE Firehaus Studio, Inc. SERVICE IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT Firehaus Studio, Inc. HAS SET ITS PRICING IN RELIANCE ON THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, AND THAT SUCH LIMITATIONS SHALL APPLY NOTWITHSTANDING THAT ANY LIMITED REMEDY SHALL FAIL ITS ESSENTIAL PURPOSE.
You shall defend, indemnify, and hold Firehaus Studio, Inc. harmless from and against any suit, proceeding, assertion, damages, cost, liability, penalties, fines and expenses (including court costs and reasonable attorneys’ fees) incurred as a result of claims against Firehaus Studio, Inc. and its employees and affiliates arising from or connected with (i) any claim that Customer Content infringes or misappropriates any third party copyright, patent, trademark, service mark, trade secret, privacy, publicity or other intellectual property or proprietary right, and/or (ii) any breach of any representation or warranty set forth in this Agreement by you.
You shall use the Firehaus Studio, Inc. Services in compliance with all laws and regulations, including without limitation all export control laws and regulations of the United States, which include the Export Administration Regulations, the International Traffic in Arms Regulations and any embargoes enforced by the Office of Foreign Assets Controls. You shall not export or re-export the Firehaus Studio, Inc.Firehaus Studio, Inc. Services in violation of any applicable export control law or regulation.
(a) This Agreement shall be construed in accordance with and governed for all purposes by the laws of the Commonwealth of Massachusetts, without regard to its principles of conflicts of law; (b) this Agreement constitutes the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and undertakings, both written and oral; (c) the parties hereto agree that only the Massachusetts courts, either federal or state, shall have exclusive jurisdiction over this Agreement and any controversies arising out of this Agreement; (d) in case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement but this Agreement shall be construed as if such invalid, illegal or other unenforceable provision had never been contained herein; (e) you shall not assign your rights or obligations hereunder without Firehaus Studio, Inc.'s advance written consent; (f) subject to the foregoing subsection (e), this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns; and (g) no waiver of any right or remedy hereunder with respect to any occurrence or event on one occasion shall be deemed a waiver of such right or remedy with respect to such occurrence or event on any other occasion.
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Firehaus Studio, Inc.