I.            INTRODUCTION

 

Welcome to Surefyre.co (the “Site”). The Site, along with Surefyre Products and Services, including one or more Surefyre APIs or Surefyre Applications, (collectively the “Surefyre Products”), is operated and presented to users by Surefyre, Inc., a Delaware Corporation (“Surefyre”).  Surefyre may also be referred to herein as “we”, “us” or “our”.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE AND THE SUREFYRE PRODUCTS AND SERVICES. By using the Surefyre Products or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use.  If you do not agree to these documents, you may not use the Surefyre Products.  Any capitalized terms used but not defined herein shall have the same meaning as used in the Surefyre, Inc. Privacy Policy www.surefyre.co/privacy.

 

Note that special terms may apply to some services offered on the Site or as part of the Products or Services (as defined in the Surefyre Privacy Policy) provided by Surefyre.  Some Surefyre Products may have additional terms of use included within a separate license or user agreement.  Subject to applicable law, any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

 

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.  Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Surefyre Products, and receipt of data, materials and information available at or through the Surefyre Products.

 

To the extent authorized under a license agreement between you and Surefyre, you shall ensure that any customer or any third-party granted access to the Surefyre Site or Surefyre Products and Services through your account or on your behalf, shall comply with these Terms of Use.  Surefyre reserves the right to require any such customer or third-party to enter into an end user license agreement on terms satisfactory to Surefyre.

 

    II.            USE OF CONTENT

 

The Surefyre Products are for your general and informational use only.  Surefyre grants you a non-exclusive, revocable, limited, non-transferable, non-assignable, internal use only right and license to use the Surefyre Products and Services solely as set forth in these Terms of Use.  You may not use the Surefyre Products for purposes not expressly set forth in these Terms of Use or in any way that is unlawful, or harms us or any other person or entity as determined in our sole discretion.  You may not link to any Surefyre Products without Surefyre’s prior written consent.

 

All information, materials, functions and other content (including Submissions, accounts, and policies) (“Content”) contained within the Surefyre Products are our copyrighted property or the copyrighted property of our licensors or licensees.  All trademarks, slogans, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees.  We may change the Surefyre Products or delete Content or features at any time, in any way, for any reason.

 

Except as we specifically agree in writing, no Content from the Surefyre Products may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Surefyre Products, not even as part of a derivative work, except that where the Surefyre Products are configured to enable the download of particular Content or retrieval of Content through one or more Surefyre APIs, you may download one copy of such Content to a single computer for your personal, noncommercial use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Surefyre Products or the Content, in whole or in part, and (c) do not use the Content in an unlawful manner or in a manner that suggests an association with any of our Products, Services or brands.  Using our Content for any purpose not expressly agreed to by Surefyre, including but not limited to “re-mailing” or high-volume or automated use of the Surefyre Products or using any of our Content on any other website or networked computer environment, is a violation of our copyright and other proprietary rights and is strictly prohibited.

 

In the event that we offer downloads of software through the Surefyre Products and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your limited, personal, noncommercial use only.  We do not transfer title to the Software to you.

 

Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law.

 

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SUREFYRE PRODUCTS OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY NOR TO AUTHORIZE YOU TO CREATE DERIVATIVE WORKS BASED ON THE CONTENT. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

 

 III.            LICENSES AND REPRESENTATIONS

 

You grant Surefyre a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to host and use, in any way now known or in the future discovered, any information you provide, directly or indirectly to Surefyre, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Surefyre (collectively “Submissions”), without any further consent, notice and/or compensation to you or to any third parties.  Any Submissions you submit to us is at your own risk of loss.  By providing Submissions to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.  It is your responsibility to keep your Surefyre Customer Information (as defined in the Surefyre Privacy Policy) accurate and updated.  No rights are granted to you hereunder other than as expressly set forth herein.

 

If you are providing data to us that is not personal to you or you are allowing a third party to provide information and data to Surefyre through your website or on your behalf, you agree that you have either provided the owner of such personal data notice or received permission from the owner of such personal data, as required by applicable law, for us to: (a) use or disclose the data in accordance with our Privacy Policy, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, and (c) otherwise use and disclose the data in accordance with these Terms of Use. 

 

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

 

You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.

 

To the extent any “moral rights”, “ancillary rights”, or similar rights (“Moral Rights”) in or to the Submissions exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

 

 IV.            ACCOUNTS

 

Some features on the Site, Products and Services permit or require you to create an account to participate or to secure additional benefits.  You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”).  You agree to keep your account password secure and confidential.  You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.  You acknowledge that you may not sublicense, transfer, sell, or assign your membership or account ID.  Any attempt to sublicense, transfer, auction, sell or assign the membership or account ID is void, and such attempts, regardless of whether made by account holder, will result in immediate termination of your account.

 

You also agree to promptly notify us at contact@surefyre.co of any unauthorized use of your or your authorized user’s username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site, Products and Services.  You agree that you shall remain responsible for anything that happens through your account or through your authorized user’s account until such account is closed or prove that such account security was compromised due to no fault of your own.

 

Subject to applicable law, Surefyre may suspend or terminate your account or any authorized user’s account and such person’s ability to use the Site, Products and Services or any portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

 

    V.            PAYMENT

 

If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Surefyre storing your payment information.  You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs (including attorneys’ fees) and interest for any overdue amounts.  Failure to pay may result in the termination of your subscription.  Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Surefyre does not support all payment methods, currencies or locations for payment.  Surefyre may also use the services of a third party payment processor to process any Premium Services.

 

If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts.  Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.  All applicable taxes are calculated based on the billing information you provide us at the time of purchase.  You may cancel or suspend your Premium Services by contacting us at support@surefyre.co or through your Account.  Surefyre does not guarantee refunds for lack of usage or dissatisfaction.

 

 VI.            MOBILE APPLICATIONS

 

Surefyre may offer the Surefyre Products through applications built using Surefyre’s platform, such as a smart phone application, (“Surefyre Applications”).  If you use a Surefyre Application you agree that information about you and your use of the Surefyre Products, including, but not limited to, your device, your mobile carrier, your internet access provider, or your physical location may be communicated to us.  Further, by importing any of your Surefyre Products data through the Surefyre Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider.  You acknowledge you are responsible for all charges and necessary permissions related to accessing Surefyre Products through your mobile access provider.  Therefore, you should check with your provider to find out if the Surefyre Products are available and the terms for these services for your specific mobile devices.  Finally, by using any downloadable application to enable your use of the Surefyre Products, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

 

VII.            RULES OF CONDUCT

 

The following Rules of Conduct applies to the Site, Products and Services.  By using the Site, Products, or Services you agree that you will not engage in, or allow your authorized users to engage in, any conduct that:

 

●       (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

●       is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

●       infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;

●       commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

●        contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;

●       violates any data protection law or uses personally identifiable data in any way that violates applicable data protection laws; or

●       (a) does not generally pertain to the designated topic or theme of the relevant public forum; (b) violates any specific restrictions applicable to a public forum; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet.

 

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

VIII.            COOPERATION; REMOVAL OF SUBMISSIONS

 

Without prejudice to any of our other rights under these Terms of Use or at law, we reserve the right to (a) refuse to post or communicate or remove any Submission from the Surefyre Products that violates these terms of use (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or Customer Information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or protect the safety or security of any person or property, including the Surefyre Products.  Moreover, we retain all rights to remove Submissions or terminate or restrict the access of any authorized user at any time for any reason or no reason whatsoever.

 

 IX.            DISCLAIMERS

 

SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SUREFYRE PRODUCTS OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SUREFYRE PRODUCTS IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SUREFYRE PRODUCTS OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.

 

The Surefyre Products may contain the opinions and views of other users.  Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

 

    X.            INDEMNIFICATION

 

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s) or by your authorized user(s).  You hereby agree to indemnify, defend, and hold us, our affiliates, and our and our affiliates’ licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any of your authorized  users of these terms of use or claims arising from your or your authorized users’ use of the Surefyre Products and/or your or your authorized users’ account(s).  You shall use your best efforts to cooperate with us in the defense of any claim.  We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

 XI.            LIMITATION OF LIABILITY

 

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR AGENTS, OUR REPRESENTATIVES, OUR AFFILIATES, OUR AND OUR AFFILIATES’ AGENTS, REPRESENTATIVES, LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SUREFYRE PRODUCTS OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SUREFYRE PRODUCTS OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR AGENTS, REPRESENTATIVES, OUR AFFILIATES OR OUR OR OUR AFFILIATES’ AGENTS, REPRESENTATIVES, LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. 

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUREFYRE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SUREFYRE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO SUREFYRE FOR SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

 

SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR OR YOUR AUTHORIZED USERS’ FURTHER ACCESS TO THE SUREFYRE PRODUCTS OR CHANGE THE SUREFYRE PRODUCTS OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.

 

XII.            JURISDICTIONAL AND VENUE ISSUES

 

You expressly agree that the Terms of Use and any dispute, claim, action, cause of action, issue, or request for relief between you and Surefyre arising out of or relating to Surefyre; the Surefyre Products; any payment to Surefyre; and these Terms of Use (collectively “Disputes”) will be governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.  Subject to the requirements of applicable consumer rights and other laws and except as set forth below, you agree that any action at law or in equity arising out of or relating to these terms of use or the Surefyre Products shall be filed, and that venue properly lies, only in state or federal courts located in the State of California, County of San Francisco, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  We make no representation that Content on the Surefyre Products is appropriate or available for use in any particular location.  Those who choose to access the Surefyre Products do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

 

You and Surefyre agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis which shall be the exclusive remedy for any Disputes which might otherwise be brought on a class, collective or representative basis between you and Surefyre.  This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA.  The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall take place in San Francisco, California. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  You and Surefyre shall select a mutually agreeable arbitrator from the AAA.  You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law.  However, in the event the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.

 

In the event that litigation or arbitration arises out of, relates to or concerns a Dispute, the prevailing party shall be entitled to recover all attorneys’ fees and expenses, including any professionals’ and expert fees.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SUREFYRE PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM APPLICABLE STATUTORY PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

XIII.            AMENDMENT

 

Subject to applicable law, at any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof).  If we make a material amendment to these Terms of Use, we will notify you of such amendment by posting notice of such amendment on the Site.  Any such amendment to these Terms of Use will be effective immediately upon posting of notice of the changes on the Site.  Your continued use of the Surefyre Products after posting of amended Terms of Use constitutes your agreement to the amended Terms of Use.

 

XIV.            TERMINATION

 

These Terms of Use are effective until terminated by either you or us.  You may terminate these terms of use at any time by notifying Surefyre in writing at contact@surefyre.co, discontinuing use of the Surefyre Products and destroying all materials obtained from the Surefyre Products, and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.  You remain responsible for payment for Premium Services until such time as Surefyre has processed your notice of termination, in which it will use reasonable efforts to process in a timely manner.

 

We may immediately terminate these Terms of Use with respect to you, including your access to the Surefyre Products, in our absolute discretion including, without limitation, if you or an authorized user breach or fail to comply with any material term or provision of these Terms of Use.  Upon termination, you must cease use of the Surefyre Products and destroy all materials obtained from the Surefyre Products and all copies thereof, whether made under these Terms of Use or otherwise.  Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and such user may be reported to appropriate law-enforcement agencies.

 

These Terms of Use shall survive any termination.

 

XV.            GENERAL PROVISIONS

 

Except as expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter.  If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to”.  You may not assign or delegate any rights or obligations under these Terms of Use.  Surefyre may freely assign or delegate all rights and obligations under the Terms of Use, fully or partially, without notice to you. 

 

Supply of goods, services and software through the Surefyre Products is subject to United States export control and economic sanctions requirements.  By acquiring any such items through the Surefyre Products, you represent and warrant that your acquisition comports with and your use of the Surefyre Products will comport with those requirements.  Without limiting the foregoing, you may not acquire goods, services or software through the Surefyre Products if: 1) you are in, under the control of, or a national or resident of the Crimea, so-called Donetsk People’s Republic (DNR) or the so-called Luhansk People’s Republic (LNR) regions of Ukraine, Cuba, Iran, North Korea, or Syria or if you are on the United States of America Treasury Department’s Specially Designated Nationals List or the United States of America Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to the Crimea, so-called Donetsk People’s Republic (DNR) or the so-called Luhansk People’s Republic (LNR) regions of Ukraine, Cuba, Iran, North Korea, or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

 

XVI.            CLAIMS OF COPYRIGHT INFRINGEMENT

 

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.  Notifications of claimed copyright information must be submitted in writing at the address below.

 

Surefyre, Inc.
3053 Fillmore St. #346

San Francisco, CA 94123

E-Mail : support@surefyre.co

 

To be effective, the notification must be a written communication that includes the following:

 

●       A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

●       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

●       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

●       Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

●       A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

●       A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records.  If you receive such a notice and believe that the information does not infringe copyright, you may provide counter-notification in writing to Surefyre at the address above that includes the information below.  To be effective, the counter-notification must be a written communication that includes the following:

 

●       Your physical or electronic signature;

●       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 to it was disabled;

●       A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

 

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court in the State of California, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.