This website is operated by Firedome Inc. (“Firedome”). Throughout the website, the terms “we”, “us” and “our” refer to Firedome. Firedome offers this website, the software to be downloaded through this website (“Software”) and any updates related thereto that may be provided by Firedome, including all information, tools and services available from this website and/or Software to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Users should use our website and Software in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
By visiting this website, and/or by entering, downloading, connecting to, accessing or using the Software, and/or by installing the Software on any device, you acknowledge that you have read and understood the following Terms of Service, including the terms of our Privacy Policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Software and you acknowledge that these Terms constitute a binding and enforceable legal contract between Firedome and you. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT DOWNLOAD, ENTER TO, CONNECT TO, ACCESS OR USE THE WEBSITE AND/OR SOFTWARE IN ANY MANNER, DO NOT INSTALL THE SOFTWARE OR PROMPTLY ERASE THE SOFTWARE FROM ANY DEVICE.
Any new features or tools which are added to the current website and/or Software shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or Software following the posting of any changes constitutes acceptance of those changes.
- General Conditions
Firedome reserves the right to refuse service and/or usage of this website and/or downloading, entering to, connecting to, accessing or using the Software, to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
ALL RIGHTS IN AND TO THE WEBSITE AND/OR SOFTWARE ARE RESERVED TO FIREDOME. TO THE EXTENT LEGALLY PERMISSIBLE, THE WEBSITE AND/OR SOFTWARE AVAILABLE THEREIN, AND THE SERVICE THAT MIGHT BE PROVIDED BY FIREDOMEARE PROVIDED ON AN “AS IS” BASIS. FIREDOME WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AND/OR COMPANY AND/OR ANY OTHER ENTITY AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SOFTWARE AND/OR THE SERVICE THAT MIGHT BE PROVIDED BY FIREDOME IN ITS SOLE DISCRETION.
YOUR USE OF THE WEBSITE AND/OR SOFTWARE AVAILABLE THEREIN AND/OR ANY SERVICE THAT MIGHT BE PROVIDED IS ENTIRELY AT YOUR OWN RISK.
- Registration
In order to download and/or access and/or use the Software, you must complete a registration process and open an Account (the “Account”). Thereafter, Firedome will automatically collect personally identifiable information, as detailed in our Privacy Policy.
You may not have more than one (1) active Account. Your Account is password protected. In order to protect the security of the information available on your Account, you must safeguard and not disclose your Account log-in
details and you must supervise the use of such Account. You are solely and fully responsible for maintaining the confidentiality of the password and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Firedome. You must notify us immediately of any unauthorized use of your Account or any other breach of. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security. CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
- User Restrictions
There are certain conducts which are strictly prohibited when using this website and/or the Software. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Firedome’s sole discretion) in the termination of your use of the Software and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms of Service or in writing by Firedome, you may not (and you may not permit anyone) to: (a) use the website and/or Software for any illegal, immoral, unlawful and/or unauthorized purposes and/or solicit others to perform or participate in any unlawful acts; (b) use the Software for commercial purposes without Firedome’s express prior written consent; (c) remove or disassociate, from the Software any restrictions and signs indicating proprietary rights of Firedome or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,TM, or ®); (d) transmit any worms or viruses or any code of a destructive nature; (e) interfere with or disrupt the operation of the website and/or Software and/or the servers and/or networks that host the website and/or Software, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) impersonate any person or entity, including, but not limited to, any Firedome Representative (as such term is defined below), or falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Firedome or any Firedome Representative endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Software; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the website and/or Software; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Software made accessible by Firedome, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Software, other than as permitted under these Terms of Service; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Firedome’s proprietary rights, including Firedome’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in these Terms of Service or under applicable laws; (k) make any use of the Software on any other site or networked computer environment for any purpose without Firedome’s prior written consent; (l) create a browser or border environment around Firedome Software (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the website and/or Software; and/or (n) infringe and/or violate any of these Terms of Service. We reserve the right to terminate your use of the Software for violating any of the prohibited uses.
- Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Software and/or website. Our policy and practices and the type of information collected are described in detail in our Privacy Policy which is incorporated herein by reference. You agree that Firedome may use information that you provide or make available to Firedome in accordance with the Privacy Policy. If you intend to connect to, access or use the Software and/or website you must first read and agree to the Privacy Policy.
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- Intellectual Property Rights and License
Your use of the website and Software is subject to these license terms. The website, Software, and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by Firedome and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Firedome.
Subject to the terms hereof, Firedome hereby grants to you, and you accept, a personal, non-exclusive, non- commercial, non-transferable, non-sublicensable and fully revocable limited license to: (i) use the Software and any updates thereof only in accordance with the Terms; (ii) download and use the Software on your authorized devices that you own or control, solely for the limited purpose of using the Software for your internal non- commercial use, and for no other purpose, strictly in accordance with the Terms and applicable law; and (iii) use the Software in accordance with the Terms.
The Terms do not convey to you an interest in or to the Firedome Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Firedome’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments, proposals, creative ideas, plans or suggestions to Firedome regarding the Software and/or website (“Feedback”), Firedome shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Firedome current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Firedome shall have no obligation to respond to any such Feedback.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require Firedome to comply with any additional obligations with respect to any Firedome current or future products, technologies or services that incorporate any Feedback.
Firedome has no obligation to provide upgrades or new releases of the Software under these Terms. Without derogating from the above, if Firedome supplies to you any updates, upgrades and any new versions of the Software (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the Software with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Software shall include such Updates.
- Trademarks and Trade names
“Firedome”, “Firedome Ltd.”, “Firedome Inc.”, Firedome’s marks and logos and all other proprietary identifiers used by Firedome in connection with the website and/or Software and/or any service that might be provided by Firedome in its sole discretion (“Firedome Trademarks”) are all trademarks and/or trade names of Firedome, whether or not registered. No right, license, or interest to Firedome Trademarks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
- Links to Third Party Sites
Certain links procided herein permits you to enter non-Firedome sites or services. Those linked sites and services are provided solely as a convenience to you. The inclusion of such links does not imply endorsement of the sites and services by Firedome or any association with the operators of such sites and resources. These linked sites and services are not under our control. We are not responsible for the availability of such external sites or services, do not endorse them and we are not responsible or liable for any content or other information available via such linked sites and services. In addition, Firedome is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Firedome reserves the right to terminate
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any link at any time. You further acknowledge and agree that Firedome shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
- Special provisions relating to Third Party Components
The Software may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Software is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Software and Firedome disclaims all liability related thereto. You acknowledge that Firedome is not the author, owner or licensor of any Third Party Components, and that Firedome makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Software or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
- Availability
The website’s and/or Software’s availability and functionality depends on various factors, such as communication networks, software, hardware, service providers and contractors of Firedome or other third parties. Firedome does not warrant or guarantee that the website and/or Software will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
- Changes to the Software
Firedome reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the use of the Software (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that any data provided under the Software may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Firedome shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this website and/or Software and/or any data included therein. You hereby agree that Firedome is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If Firedome supplies to you any updates, upgrades and any new versions of the Software (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the Software with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Software shall include such Updates. For clarity, Firedome has no obligation to provide Updates and/or any support and/or service to the website and/or Software.
- Disclaimers and Warranties
THIS SECTION ADDS TO AND DOES NOT DEROGATE FROM ANY OTHER DISCLAIMERS CONTAINED IN THESE TERMS.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE WEBSITE, THE SOFTWARE, THE SERVICE IF SUCH IS GRANTED BY FIREDOME’S SOLE DISCRETION AND/OR ANY OTHER DATA PROVIDED ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND FIREDOME, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “FIREDOME’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
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TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
FIREDOME AND FIREDOME’S REPRESENTATIVES DO NOT WARRANT THAT: (I) THE USE AND OPERATION OF THE WEBSITE, THE SOFTWARE, THE SERVICE IF SUCH IS GRANTED BY FIREDOME’S SOLE DISCRETION AND/OR ANY OTHER DATA PROVIDED IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (II) FIREDOME WILL CORRECT ANY ERRORS OR DEFECTS IN THE WEBSITE AND/OR THE SOFTWARE; (III) THE WEBSITE AND/OR SOFTWARE WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND FIREDOME AND FIREDOME’S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS; (IV) ANY SUPPORT AND/OR SERVICE FOR THE WEBSITE AND/OR SOFTWARE WILL BE GIVEN TO YOU. IF SUCH SERVICE IS GIVEN, BY FIREDOME’S SOLE DISCRETION, THE SERVICE WILL BE PROVIDED UNDER THE TERMS AND SCHEDULE FIREDOME DEEMS FIT. IF SUPPORT AND/OR SERVICE TO THE SOFTWARE IS GIVEN, THIS DOES NOT ELIMINATE THE POSSIBILITY OF INABILITY TO USE OR OPERATE THE SOFTWARE. (V) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE. FIREDOME AND FIREDOME’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE WEBSITE AND/OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE WEBSITE, THE SOFTWARE, THE SERVICE IF SUCH IS GIVEN AND/OR ANY OTHER DATA PROVIDED, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED THEREIN.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN FIREDOME.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE THAT THE USE OF THE WEBSITE, THE SOFTWARE, THE SERVICE IF SUCH IS GRANTED AND/OR ANY OTHER DATA PROVIDED IS ENTIRELY AT YOUR OWN RISK.
- Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL FIREDOME, INCLUDING FIREDOME’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE WEBSITE, THE SOFTWARE, THE SERVICE IF SUCH IS GRANTED AND/OR ANY OTHER DATA PROVIDED. YOUR USE OR INABILITY TO USE THE WEBSITE, THE SOFTWARE, THE SERVICE IF SUCH IS GRANTED AND/OR ANY OTHER DATA PROVIDED AND/OR THE FAILURE OF THE SOFTWARE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF FIREDOME TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF FIREDOME OR FIREDOME’S REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON
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BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER FIREDOME (OR FIREDOME’S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, FIREDOME AND FIREDOME’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, THE SOFTWARE, THE SERVICE IF SUCH IS GRANTED AND/OR ANY OTHER DATA PROVIDED SHALL BE LIMITED TO $US10,000.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Indemnification
You agree to defend, indemnify and hold harmless Firedome, including Firedome’s Representatives from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the website and/or Software and/or service if such is granted and/or any other data provided; (ii) your violation of any of these Terms; (iii) your violation of any third party rights in connection with your use of the website and/or Software, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Software. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
- Amendments to the Terms
Firedome may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. It is your responsibility to check our website periodically for changes. Your continued use of the Software on or after the ‘Last Updated’ date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
- Termination or Suspension of your Account, Termination of these Terms and the Termination of the
Software’s operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply with the Terms, Firedome may, without notice, temporarily or permanently limit, suspend or terminate your Account and/or your use of the Software. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Software, you may terminate these Terms at any time by stopping your use thereof of the Software, and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Software, delete and destroy all copies of the Software in your possession or control and to certify to Firedome if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property,
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Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, Firedome may at any times, at its sole discretion, cease the operation of the services which are provided to you via the Software, or any part thereof, temporarily or permanently, delete any information from the Software or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that Firedome does not assume any responsibility with respect to, or in connection with the termination of the Software’s operation and loss of any data.
Without limiting the generality of the foregoing, we note that we can terminate or suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Firedome, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such termination or suspension. During such termination or suspension, you will not have the ability to use or access your Account and any data therein. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
- General
(a) These Terms constitute the entire terms and conditions between you and Firedome relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements or understandings between you and Firedome, (b) any claim relating to the website and the Software or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the website and/or Software will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the district of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Firedome may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) the failure of Firedome to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE, SOFTWARE AND/OR SERVICE IF SUCH IS GRANTED MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Firedome, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
- For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to [email protected] and we will make an effort to reply within a reasonable timeframe.