(LAST UPDATED: November 16, 2016)
The services include the Fired Up Digital website, Fired Up Digital widgets, and any other content, products and/or services available on the website. The services may also be located on third-party websites and/or applications, either as a link from an add-on service to, or otherwise in connection with, websites and/or applications that such third parties control. Nothing contained in any of the services is an offer or guarantee to sell a specific product at a specific price point, or that any advertiser will sell a product or service for any purpose, price or on any specific terms.
Third Party Advertising and Business Dealings
User Submitted Content
Users agree that by posting content on the site, they grant Fired Up Digital a royalty-free, perpetual, irrevocable and fully sub licensable authorization to publish, reproduce, distribute, display, adapt and otherwise use this content in any manner on or in connection with the site, or in the course of offering services. Users understand and agree that any user content posted or submitted to Fired Up Digital may be redistributed through internet and other media channels, and may be viewed by the general public.
For specific advice on legal or financial matters, always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney or accountant.
Users understand that Fired Up Digital does not approve or control the user content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, Fired Up Digital is not liable for any statements, representations, or user content provided by its users on the site or in connection with the services. Fired Up Digital assumes no responsibility for monitoring the site or the services for appropriate user content or conduct, and has no obligation to screen, edit or remove any of the user content. However, Fired Up Digital does reserve the right, in its sole discretion and without notice, to monitor, screen, edit or remove any user content at any time and for any or no reason. Fired Up Digital assumes no responsibility for such user content or for the conduct of the user submitting any such content.
Users understand that Fired Up Digital does not endorse or warranty any particular content or information available via the site, nor does it guarantee the accuracy, integrity or quality of such content or information. Additionally, Fired Up Digital cannot guarantee the authenticity of any data that users may provide about themselves. Users acknowledge that by using the service, they may be exposed to user content that is offensive, indecent or objectionable. Under no circumstances will Fired Up Digital be liable in any way for any user content, including, but not limited to, any errors or omissions in any user content, or any loss or damage of any kind incurred as a result of the use of any user content posted, emailed, transmitted or otherwise made available via the site or the service. Users use the site and the services at their own risk.
Modification of Fired Up Digital Services
Fired Up Digital reserves the right to modify or discontinue the service or any portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Fired Up Digital shall not be liable to users or any third party should Fired Up Digital exercise its right to modify or discontinue the service or any part of it.
Copyright and License
All copyrighted and copyrightable materials on this site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection, arrangement and compilation of information, hereafter referred to as the “materials”, are thereof proprietary property of Fired Up Digital or its licensors or users and are protected by U.S. and international copyright laws. Users are granted a limited, non-sub licensable right to access this site, use the services and print the materials for your personal, non-commercial and informational use only. Fired Up Digital reserves the right, without notice and at its sole discretion, to terminate user license to use the site, and to block or prevent future access to or use of the site. The foregoing license grant does not include the right for users to:
a.) Publish, publicly perform or display, or distribute to any third party any materials, including reproduction on any computer network, broadcast or publications media.
b.) Market, sell or make commercial use of the site or any materials.
c.) Systematically collect and use any of the data or content, including the use of any data spiders, robots or similar data gathering, mining or extraction methods.
d.) Make derivative uses of the site or the materials.
e.) Use, frame or utilize framing techniques to enclose any portion of this site, including the images found on this site, any text or the layout/design of any page or form contained on a page.
Fired Up Digital does not assert copyright or grant any rights to the underlying images or descriptions that may be contained in its search results and that it derives from the source website or information provided by the website owner. Fired Up Digital uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct users to the originating website. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. Fired Up Digital does assert copyright and reserves all right to the search results and associated compilations.
Trademarks and Service Marks
“Fired Up Digital” and our logos are either trademarks, service marks or registered trademarks of Fired Up Digital or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of its suppliers or licensors. Users may not use any meta tags or any other hidden text utilizing “Fired Up Digital” or any other name, trademark, or product name of Fired Up Digital without its expressed permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Fired Up Digital, and may not be copied, imitated or used, in whole or in part, without its prior written permission. All other trademarks, registered trademarks, product names and companies’ names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fired Up Digital.
Links to Other Sites
The services contain links to third-party websites. These third-party sites are not under the control of Fired Up Digital. Fired Up Digital provides these links to users only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Fired Up Digital of the site or any information contained therein. Fired Up Digital is not responsible or liable for the contents of any linked site. Users should undertake whatever investigation they feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this site to visit a link to a third-party website, users should be aware that Fired Up Digital’s terms and policies no longer govern, and, therefore, users should review the applicable terms and policies, including privacy and data gathering practices, of the third-party site.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to internet service providers (17 U.S.C. § 512), Fired Up Digital has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat infringers. If users believe their work has been copied and has been posted to this site in a way that constitutes copyright infringement, please provide Fired Up Digital’s copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that claimed to have been infringed upon.
- A description of where the material claimed to be infringing is located on the website.
- Your address, telephone number, and e-mail address.
- A statement that there is a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the above information in the notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before sending a notice to Fired Up Digital, users should confirm that they are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Fired Up Digital’s copyright agent, whom users should contact for notice of claims of copyright infringement, is provided below.
DMCA Agent: Maciej Godlewski
Address: 203 Franklin St
Cambridge, MA 02139, USA
Phone: (347) 687-6645
This site, the materials, and the services are provided on an “as is” basis without warranties of any kind, either express or implied. Users expressly agree that use of this site, including all content or data distributed by, downloaded or access from or through this site, is at your sole risk. Fired Up Digital disclaims all warranties, express or implied, including, but limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials and content on the site. Fired Up Digital does not represent or warranty that materials on this site are accurate, complete, reliable, current or error-free. Fired Up Digital is not responsible for typographical errors or omissions relating to pricing, text or photography.
Limitation of Liability
In no event shall Fired Up Digital, its officers, directors, agents, affiliates, employees, advertisers or data providers be liable for any direct, special, incidental, consequential or punitive damages including, but not limited to, the loss of use, loss of profits or loss of data, whether in an action in contact, tort (including, but not limited to negligence), equity or otherwise, arising out of, or in any way connected with, the use of this site, the materials or the services. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply.
Disclaimer of Responsibility for Third Party Content
Fired Up Digital may provide third-party content on the site and may provide links to webpages and content of third parties, hereafter collectively referred to as the “third-party content”, as a service to those interested in this information. Fired Up Digital does not monitor or have any control over any third-party content or third-party websites. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Fired Up Digital. In many instances, the content available through this site represents the opinions and judgments of the respective information providers or users. Fired Up Digital does not endorse or adopt any third-party content, and is not responsible for, and does not guarantee, the accuracy, completeness or reliability of any third-party content, or any opinion, advice or statement made on the site by any third party. Users use such third-party content contained therein at their own risk.
Digital Imagery and Content
No copyright infringement is intended for any and all images appearing on the Fired Up Digital website and/or blog. Website images are sourced from free-use websites such as Pexels or Pixabay and download licenses are retained for reference and posterity.
Choice of Law, Waiver and Claims