Terms & Conditions

TERMS OF SERVICE

Acceptance of Terms

The terms of use set forth below (“Terms of Use”) constitute a legal agreement between you, the user, and Digital Fire Studios, LLC. (“DFS” or “we”). The Terms of Use governs your access to the website and use of all products and services that are provided by or through any website, including co-branded websites, owned or controlled by DFS (collectively, the “Service”). In addition, when using particular portions of the Service, you shall be subject to guidelines, rules and additional terms (including payment terms) provided by DFS in connection with such portions of the Service, and all such guidelines and rules are hereby incorporated by reference into the Terms of Use. PLEASE READ THE TERMS OF USE CAREFULLY. YOUR ACCESS TO OR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROVISIONS OF THE TERMS OF USE. IF YOU ARE UNWILLING TO BE BOUND BY THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE.

DFS may modify the Terms of Use from time to time. Any modifications shall be effective upon the earlier of the posting of the modified Terms of Use via the Service or upon e-mail notification of the changes to you. It is your responsibility to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by DFS, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to these Terms of Use.

Order Form and Account Registration

In consideration of your use of the Service, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years, and you agree to: (a) provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it accurate and complete. If DFS suspects that your Registration Data is inaccurate or incomplete, DFS may suspend or terminate your account. The Service may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (person under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Service.

Usernames and Passwords

You will receive a username and password upon completing the Service’s account registration process. Your username will be the email address you provide and you will chose a password, based on some parameters. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your username and password. Any username and password for your access to the Service shall be for your personal use only. You agree to (a) immediately notify DFS of any unauthorized use of your username or password and (b) ensure that you exit from your account at the end of each session.

Privacy

Registration Data and certain other information we collect from you in connection with the Service (“Personal Information”) is subject to our Privacy Policy, which can be found at the following link: Privacy Policy . Please read the Privacy Policy before using the Service. Your access to or use of the Service constitutes your acceptance of all the terms of the Privacy Policy, including the transfer of Personal Information to the United States and other countries for storage, processing and use by DFS and its affiliates as part of their operation of the Service.

Use of the Service

You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials available via the Service (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means you are entirely responsible for all Content that you make available via the Service. DFS does not control the Content posted by third parties via the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DFS be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Service.

In addition, you represent and warrant that you will not use the Service to do any of the following:

  • upload, post, transmit or otherwise make available:
  • any Content that infringes any patent, trademark, trade secret, copyright or other contractual or proprietary right of any party;
  • any Content that is unlawful, threatening, abusive, harmful to minors (including any form of child pornography or indecent depictions of children), harassing, intimidating, tortuous, defamatory, vulgar, obscene, libelous, defamatory, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, any private information of any 3rd party, content you did not create or content that you did not have permission to post);
  • any unsolicited communications or advertising not authorized by DFS, promotional materials or any other form of solicitation for any type of information; or
  • 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.
  • obtain any information or Content from the Service using any robot, spider, scraper or other automated means for any purpose;
  • take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • upload any content other than those of a personal nature that:
  • is of you and your friends;
  • is taken by you or your friends; or
  • is original art or animation created by you or your friends;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or
  • collect or store personal data, including but not limited to, email addresses or data about other users in connection with the prohibited activities described in this paragraph.

You agree that DFS may pre-screen Content, but that DFS has the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove or move any Content that is available via the Service. Without limiting the foregoing, DFS shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable, in each case as determined by DFS in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity and accuracy of such Content. DFS further reserves the right to refuse to submit for broadcast any content whatsoever and especially any content that contains any of the above limitations, is controversial in DFS’ estimation, hateful or harmful towards others, or directly or indirectly implies an opinion of DFS’ or its services.

By posting Content to the Service, you authorize and direct DFS to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the website.

The Service and the Content may include security components that permit digital materials to be protected and you agree that use of these materials is subject to usage rules set by DFS or the providers of the Content. You shall not attempt to override or circumvent any of the usage rules embedded in such security components.
The Service may contain, or third parties may provide via the Service, links to third party websites or resources. DFS has no control over such sites and resources, and you agree that DFS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
DFS may modify, discontinue or suspend any portion of the Service, temporarily or permanently at any time. DFS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Indemnity

You agree to defend, indemnify and hold harmless DFS, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to attorney’s fees) arising from: (a) your use of or access to the Service, including any Content you store, reproduce, display, distribute or otherwise make available via the Service; (b) your violation of any term of these Terms of Use and related policies; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that Content you submitted caused damage to a third party. The foregoing defense and indemnification obligation will survive these Terms of Use and your use of the Service. DFS shall provide notice to you of any such claim, action or demand and may, in DFS’ sole discretion, assist you, at your expense, in its defense or settlement.

Content License

By submitting Content via the Service, you grant to DFS a nonexclusive, perpetual, irrevocable, fully-paid-up, royalty-free license to use, reproduce, distribute, import, publicly display, publicly perform and digitally perform such Content in connection with DFS’ operation of the Service, and the right to sublicense the foregoing rights (through multiple tiers) to DFS’ business partners, co-branded website operators, and other channels of distribution related to the Service. You also grant DFS the right to sublicense your Content to third-party contractors for the purpose of enabling them to host your Content and otherwise process the Content in connection with DFS’ provision of the Service.

Ownership of the Service

Except for the Content submitted by users, the Service, including without limitation all content and photographs displayed on the Service and all underlying software or technology used in connection with the Service, and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by DFS or its licensors. You acknowledge that the Service, the content and photos displayed on the Service and any underlying technology or software used in connection with the Service contain DFS’ proprietary information. You may not reproduce, distribute, create derivative works of, publicly display or commercially exploit any part of the Service, including without limitation, photographs, except as expressly provided by DFS. The [DFS® and DFS® logo, Generational Treasures®, “Share Your Moment Broadcast®” are trademarks of DFS. All rights in the Service not expressly granted by DFS to you are retained by DFS.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you are a copyright owner and have a good faith belief that any content available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to DFS pursuant to the Digital Millennium Copyright Act by providing DFS with the following information in writing:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the DFS site, with enough detail that we may find it on the website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
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 intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). DFS’ Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: DFS, 670 S. Crawford Rd., Hummelstown, PA. 17036
By phone: 1-717-889-0976
Or 1-717-982-2877
By email: info@digitalfirestudios.com

Please note that due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Termination

You acknowledge that DFS has the right, but not the obligation, to suspend or terminate your access to all or part of the Service and remove any Content you submit to the Service without prior notice (a) at the request of law enforcement or other government agencies, (b) if the Service is discontinued or materially modified, (c) upon the occurrence of any technical or security issues or problems, (d) if you engage in any conduct that DFS believes in its sole discretion violates any provision of the Terms of Use or other incorporated agreements or guidelines or violates the rights of DFS or third parties, or (e) upon any breach by you of these Terms of Use. In addition, DFS may upon notice terminate individual user accounts that have been inactive for more than 1 year. You agree that upon termination DFS may delete all Content and all information related to your account.

Content and Warranty Disclaimer

THE SERVICE IS PROVIDED BY DFS AND ITS PARTNERS “AS IS,” AND YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER DFS NOR ITS PARTNERS, PROVIDERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE OPERATION OF THE SERVICE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICE. IN ADDITION, DFS AND ITS PARTNERS, PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DFS DOES NOT WARRANT OR COVENANT THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. DFS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO THE SERVICE, (E) ANY BUGS, VIRUSES, ERRORS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DFS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

DFS makes no representations that the Service is appropriate or available for use in locations other than the United States of America, from where it is controlled and offered by DFS. Those who access or use this website from other jurisdictions are responsible for compliance with local law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DFS, ITS AFFILIATES, PARTNERS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED THROUGH THE SERVICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF DFS TO YOU ARISING FROM OR RELATING TO THE SERVICE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO DFS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. DFS’ SUPPLIERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DFS IS NOT RESPONSIBLE FOR THOSE COSTS. Applicable law may not allow the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.

Venue Only

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Service, such activity is solely between you and the applicable third party. DFS shall have no liability, obligation or responsibility for any such activity. You hereby release DFS from all claims arising from such activity.

Ability to Accept Terms of Use

In order to use the Service, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, in order to view the website, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then you are not authorized to use or view the website.

Arbitration

Unless otherwise agreed by you and DFS in writing, you and DFS shall resolve all disputes arising from or related to the Service and the Terms of Use through binding arbitration administered by the American Arbitration Association or the Judicial Arbitration and Mediation Services (as determined by DFS) in accordance with their applicable rules, or any other established alternate dispute resolution provider agreed to by you and DFS in writing. Any arbitral award may be submitted to, and you and DFS hereby consent to the jurisdiction of, the state and federal courts in Harrisburg, Pennsylvania. Any claims that for any reason are not submitted to arbitration as specified above shall be submitted to the state and federal courts in Harrisburg, Pennsylvania and you and DFS agree to the exclusive jurisdiction of such courts with respect to such claims. Notwithstanding the foregoing, nothing in this paragraph prohibits either party from seeking equitable or injunctive relief in any court of competent jurisdiction at any time and no disputes arising from or related to DFS’ intellectual property rights in the Service (as described in the section titled “Ownership of the Service”) shall be subject to the arbitration procedures described above unless otherwise agreed by DFS in writing.

User Disputes

You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Notwithstanding the foregoing, DFS shall not be liable for any claims, damages or other losses arising out of any disputes between users.

General

The Terms of Use will be governed by and construed in accordance with the laws of the State of Pennsylvania as applied to contracts entered into by residents thereof and performed entirely within the State. If any provision or portion thereof of the Terms of Use is found to be contrary to law, the interpretation of such provision or portion thereof shall be modified solely as necessary to comply with law and such provision will be construed, as nearly as possible while complying with law, to reflect the provision as drafted, and all other provisions shall remain in full force and effect. The term “including” means “including without limitation” as used herein. DFS’ failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by DFS in writing. These terms and conditions constitute the entire agreement between you and DFS with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign the Terms of Use to any other party and any attempt to do so is void. There shall be no third-party beneficiaries to the Terms of Use. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within 1 year after such claim or cause of action arose or be forever barred. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by DFS without restriction. DFS may amend these Terms of Use at any time. DFS may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail or postings on the Service.

Violations

Please report any violations of the Terms of Use to Customer Service at info@digitalfirestudios.com

Top