TERMS & CONDITIONS
Last Updated: 31 October, 2018
Yes, this policy stuff can be boring. But having a great visit also means avoiding any possible confusion.
Recent updates/changes to our Terms & Conditions were made primarily in preparation for the EU’s new data privacy law, the General Data Protection Regulation (GDPR). With these updates, Firecracker reaffirms its commitment to safeguarding the personal data of anyone who visits our website or is subscribed to our email newsletter/promotional mailings.
So here goes:
This FirecrackerUSA.com website (the "Site") is owned and operated by Firecracker (“Firecracker”). By accessing and using the Site, you accept, without limitation or qualification, the following Terms & Conditions of Use ("Terms & Conditions"). If you do not agree and accept, please exit the site immediately.
TERMS & CONDITIONS OF USE
Firecracker reserves the right to modify, amend or revise these Terms & Conditions without notice. Your continued use of the Site constitutes your acceptance of any such revisions. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by Firecracker.
This site is not directed at children, and you may not use this site if you are under the age of thirteen. If you are under eighteen years of age, do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms & Conditions and are fully able to abide by them.
USE OF SITE; TERMINATION
Firecracker maintains this site for general informational purposes, education, and communication. You may use this Site solely for the purpose of learning about and/or purchasing services and/or products offered. You may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the text, graphics, downloads, tools, or any other content on this Site for any other purpose without prior written authorization from Firecracker. To request such consent, please email Office(at)FirecrackerUSA(dot)com.
All software used on this Site is the property of Firecracker or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
Except when noted, the exclusive rights to all content on this site -- including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks, trade dress, or other intellectual property (collectively, "Materials") -- are protected by U.S. and international laws of copyright, trademark and unfair competition, and are the sole property of Firecracker or its licensors.
Our logo, the name of our website, and all other names of Firecracker programs referenced herein are registered or common law trademarks of Firecracker. In no event may Firecracker trademarks be reproduced separately from the textual content associated with them on the site. Unauthorized use of any Firecracker trademark, service mark or logo may be a violation of federal and state law.
Termination of your Firecracker membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in Firecracker's sole discretion and that Firecracker shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
You may terminate your membership, this Agreement, and your right to use your membership at any time for any reason or no reason at all, by contacting us at: office(at)Firecracker.com
Firecracker may, from time to time, offer interactive features that allow users to submit content to the Site. Firecracker does not and cannot review all such content, and expressly disclaims any and all liability in connection with User Submissions.
You acknowledge that by providing the ability to submit, view and distribute user-generated content such as information, text, photographs, graphics, videos, or other material (collectively, "User Submissions"), Firecracker is merely acting as a passive conduit for such distribution on the Site and does not endorse any User Submission, opinion, recommendation, or advice expressed therein.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people. You agree that your User Submissions will comply with our Community Guidelines (see below).
By submitting any user-generated content, you hereby grant Firecracker a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you.
All content that you submit may be used at Firecracker's sole discretion without any obligation of confidentiality, and Firecracker may sublicense all or part of its rights under this license or assign them to third parties. By submitting User Submissions to this site, you represent and warrant that the User Submissions is your original work, that the User Submission does not violate any agreement between you and a third party, and that the User Submission shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity.
You agree that you will, at your own expense, defend, indemnify, and hold harmless Firecracker and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys' fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
Firecracker may refuse or remove any User Submission that, in its sole judgment, violates these Terms & Conditions. Firecracker has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submission you post on this site.
First and foremost: we welcome and respect your opinions… even if we don't agree with them. In return, we ask that you welcome and respect our opinions and those of other visitors to this site. Harassment in any manner or form on the site, including via comments, email, chat, or by use of obscene or abusive language, is strictly forbidden.
Bottom line? Play nice with others and don't abuse the site.
The following common-sense guidelines are intended to help keep Firecracker a safe, informative, and constructive community for all who visit. Please accept and comply with them in this spirit:
- Communicate with common courtesy and collegial respect; disagree without being disagreeable. We also welcome your creativity, but don't be vulgar. We encourage free speech to the ends of the earth and defend everyone's right to express unpopular points of view. But we don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
- Everyone hates spam. Don’t create misleading descriptions, tags, or titles. Furthermore, it's not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.
In addition, you agree not to submit, upload or otherwise post/publish any User Submission to the Firecracker site which:
- Libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening to other persons.
- Infringes any intellectual property rights (or violates rights of publicity or privacy) of any party or entity, which may otherwise give rise to liability or violate any law.
- Impersonates any person or entity or otherwise misrepresents your affiliation including, but not limited to, a Firecracker employee or representative, or other visitor to the Site.
- Uses the Website to advertise or offer to sell or buy any goods or services for any business purpose without Firecracker's express prior written consent.
- Uses any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Firecracker's express prior written consent.
- Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Site.
- Contains viruses, corrupted files, or other materials that may cause damage to another's computer.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Falsifies or deletes author attributions, legal notices or other proprietary designations.
- Frame or mirror any part of the Website.
- Create a database by downloading and storing Website content.
- Advertises or otherwise solicits funds or sales of goods/services.
- Is false, deceptive, or misleading.
- Violates any law or regulation.
- Advocates illegal activity.
We care about Firecracker (and hope you do too). Which is why Firecracker staff review all comments to determine whether they violate our Community Guidelines. When they do, we remove them. If you disagree with our decisions… we're sorry, but hope you understand that we stand by our rules.
Feel free to contact us at office(at)firecrackers(dot)com to discuss any issues.
Interaction with other Users:
You alone are responsible for your involvement with other users. In the event that you have any dispute with one or more other users of this site, you irrevocably and forever release Firecracker LLC (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
We make every good faith effort not to infringe on the rights of others. This matters to us. To file a notice informing us that your copyrighted work may have been infringed, kindly send us a written communication by email.
Please provide the following information:
- A description of the copyrighted work you claim has been infringed.
- A detailed description of where the material you claim has been infringed is located on our Site.
- Include the following written statement: "I have a good faith belief that the alleged infringement of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your address, telephone number, and email address.
- The electronic signature of the person authorized to act on behalf of the copyright owner for the work that is under question. Send the written communication to the following address: Office(at)FirecrackerUSA(dot)com.
While we will make every effort to address claims as quickly and positively as possible, please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity is infringing your copyrights.
When you visit this Site, send emails to Firecracker, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us.
By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Firecracker.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email.
You may also customize your communication preferences by accessing the email preference center in your Firecracker membership page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
PRACTICES; TYPOGRAPHICAL ERRORS; COLORS
You acknowledge that Firecracker may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on Firecracker's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time.
You agree that Firecracker has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that Firecracker reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that Firecracker reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Firecracker reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Firecracker shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Firecracker be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Firecracker makes no guarantees that any actual colors of products or features will be true or accurate.
This site has security measures in place to protect against the loss, misuse and alteration of information under our control. However, your confidential use of this site cannot be guaranteed by Firecracker. Firecracker shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to any information you transmit to the site.
To provide increased value to our visitors, Firecracker may link to sites operated by third parties. That another web site is linked to our site does not constitute endorsement by Firecracker, of the owner of the other site, the content of its site, or its products or services.
Firecracker has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Firecracker. Firecracker makes no representations or warranties as to the accuracy or functioning of any such link. Linked sites are presented for your convenience only and you access them at your own risk.
Without limiting the foregoing, Firecracker specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
Nonetheless, Firecracker seeks to protect the integrity of our own Site and the links we place upon it. Therefore, you may contact us and comment on issues relating to our own Site and sites we link to (including if a specific link does not work). Please note your feedback shall be non-confidential, non-proprietary… and most welcome!
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, & INDEMNITY
ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FIRECRACKER LLC DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. YOU ARE ALSO RESPONSIBLE FOR VERIFYING ANY INFORMATION ON THIS SITE BEFORE RELYING ON IT.
You agree to defend, indemnify and hold harmless Firecracker, its officers, directors, employees and agents, from and against any and all direct, indirect, incidental, special, punitive, or consequential claims, damages, obligations, losses, liabilities, costs or debt, and expenses whatsoever (including but not limited to attorney's fees) arising from any: (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our site, (5) any bugs, viruses, Trojan Horses, or the like, which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via this site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Firecracker is advised of the possibility of such damages. You specifically acknowledge that Firecracker shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The foregoing warranty disclaimer and limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and will survive these terms & conditions and your use of this site.
LAW AND JURISDICTION
This site is operated under the supervision of Firecracker from its offices within the State of California, USA. Products offered on Firecracker may be available in many parts of the world. However, our site may describe products that are not available worldwide. Firecracker does not warrant or represent that materials on our site are appropriate or available for use in other locations. If you choose to access our site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable.
You agree that this site shall be deemed solely based in the State of California, USA, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over Firecracker, either specific or general, in jurisdictions other than the State of California, USA. These Terms & Conditions shall be governed by and construed according to the laws of the State of California, USA, as they are applied to agreements entered into and to be performed entirely within the State of California, USA.
Any claim or cause of action arising out of or relating to this site shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the State of California, USA, and you consent to jurisdiction of such courts for the purpose of litigating such actions. Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by Firecracker. These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by Firecracker without restriction.
Firecracker has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user's account for violations of these Terms & Conditions. In addition, Firecracker reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.
For questions, comments, and/or concerns about the preceding document and/or the Site in general, please contact: office(at)FirecrackerUSA(dot)com.
Enjoy your visit. Thanks for reading!