Last updated: May 5, 2008
The Services (as defined below) that Firesky, LLC (together with its successors and assigns, "Firesky," the "Company" or "we") provides to you via www.firesky.com, www.stargateworlds.com and all other websites owned, operated, licensed or controlled by Firesky or its parent, Cheyenne Mountain Entertainment, Inc. (collectively, the "Firesky Sites") are subject to the following Terms of Service ("Terms of Service"); provided, that if such sites contain or link to a separate terms of use/service, then those separate terms of use/service shall apply to such sites. Firesky reserves the right to modify and update these Terms of Service at any time provided that it gives notice to you of any changes. Such modifications and updates shall be effective upon your first use of the Firesky Site or Services after Firesky makes them available for your review.
Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the Firesky Sites. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Firesky Site or Service and to cancel any accounts or subscriptions that you may have established to access our Services ("Accounts"). Your continued use of the applicable Firesky Site or Service after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any or all of your Accounts or Services. You acknowledge that Firesky is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.
Firesky reserves the right to deny, in its sole discretion, any user access to the Firesky Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
Through the Firesky Sites, Firesky may provide you with access to a variety of games, products and services, and related resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, or the addition of any new Firesky Sites, are subject to these Terms of Service and any license agreements, codes of conduct or posted rules, instructions or guidelines regarding a particular Service and any related Software and materials (as applicable, the "License Agreement"). If there is any conflict between these Terms of Service and the applicable License Agreement for a particular Service, Firesky shall resolve the conflict in its sole discretion.
If any of the Services requires you to open an Account, you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you elect to purchase subscription-based Services, you warrant that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a login name that is used by someone else, is vulgar or otherwise offensive (as determined by Firesky), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service or applicable License Agreements. You are entirely responsible for maintaining the confidentiality of your Account information (including user/account names and passwords and billing information). Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Firesky immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by Firesky). Firesky will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you will be liable for losses incurred by Firesky or another party due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make available your Account to others. Any distribution by you of your Account or related information may result in cancellation of your Account without refund and additional charges based on unauthorized use.
Although a Service may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature may make it possible for third parties to access your Account. Use of this password bypass feature will be at your own risk.
You understand that online games and system specifications necessary to play games or access any other Services may continuously evolve over time. Accordingly, Firesky reserves the right to modify or increase the system specifications necessary to play any online game or Services - whether free or subscription based - at any time and without prior notice.
You may have an Account without paying to participate in certain Services. However, Firesky may charge subscription or other fees to access certain Services (including certain games) and participate in related activities on the Firesky Sites. You must have an Account and pay the subscription or other fees to participate in these subscription or fee-based Services. If you must pay a subscription or other fee to access or play a Service, this information will be posted on the Firesky Site established for such Service. YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Firesky reserves the right to change our fees or billing methods at any time and Firesky will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on the applicable Firesky Sites and you are responsible for reviewing such information to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after posting of the changes on the applicable Firesky Site shall mean that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Firesky will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our Services is subject to use or sales tax, then Firesky may also charge you for any such taxes, in addition to the subscription or other applicable fees. Unless otherwise indicated, all prices are in U.S. dollars and do not include Internet service provider, telecommunications, or other connection charges. Some subscriptions renew automatically. If you do not want your subscription or membership to renew, you must unsubscribe before the applicable renewal date.
In some cases, it may be possible for you to use a credit, charge or debit card or prepaid subscription game card (each referred to herein as "Credit/Debit Cards") to pay for your subscription(s). When you provide Credit/Debit Card information to Firesky (or its designated licensees or subcontractors), you represent and warrant to Firesky that you are the authorized user of the Credit/Debit Card that is used to pay subscription charges or other fees. Each month that you have an Account, you agree and reaffirm that Firesky is authorized to charge your Credit/Debit Card for the subscription fee. You agree to promptly notify Firesky of any changes to your Credit/Debit Card account number, its expiration date or your billing address, as applicable, and you agree to promptly notify Firesky if your Credit/Debit Card expires or is canceled for any reason. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
For some Services, we may offer a free trial subscription. In some cases, if you accept a free trial subscription, you may be required to provide us with payment information. In such cases, if so indicated in the relevant materials relating to your free trial subscription, we may begin to bill your Account for that Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telecommunications, and other connection fees that you may incur when accessing our Services, even when we offer a free trial subscription.
We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to Firesky. Firesky may also provide access to third-party vendors who provide content, goods or services on the Firesky Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Firesky makes no representation or warranty regarding any content, goods or services provided by any third-party even if linked from a Firesky Site or Service.
Any software that is made available to download or otherwise access from the Services ("Software") is the copyrighted work of Firesky or its licensors. Use of the Software is governed by the terms of the applicable License Agreement. A user may not install or use any Software, unless he or she agrees to the applicable License Agreement terms.
The Software is made available for download solely for use by users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.
For any Software authorized for download or online use in connection with a Service through the Firesky Sites that is not accompanied by or otherwise already covered by a License Agreement, Firesky hereby grants to you, the user, a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and otherwise using the applicable Services for noncommercial and personal use only in accordance with these Terms of Service and the Service-specific terms of use/service and code of conduct, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Firesky or its licensors. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, FIRESKY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Firesky, LLC, 4140 East Baseline Road #208, Mesa, Arizona 85206.
By "Content," we mean the software, communications, images, sounds, and all the material and information perceived or made available from the Firesky Sites or Services, whether provided by Firesky or by users of the Services.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Firesky Sites. Content standards may vary depending on where you are on the Firesky Sites, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others.
Firesky representatives may monitor Content on the Firesky Sites or Services. But we cannot monitor or prescreen all of the Content on the Firesky Sites and Services, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services or the applicable License Agreement, you can report it to the game support or community relations contact for the area in which the incident occurred. Firesky does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Firesky Sites or Services. Firesky does not assume any responsibility or liability for Content that is generated by users of the Firesky Sites or Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Firesky Sites. Firesky does not control the quality, accuracy or content of any translated versions of the Firesky Sites or Services.
Firesky and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Firesky Site or Service. Without limiting the foregoing, Firesky and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
From time to time, users may have the opportunity to provide feedback, suggestions and comments regarding your thoughts as to usability, overall impressions and improvements to Firesky's games, the Firesky Sites and Services ("Feedback"). All Feedback is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that Firesky may use built-in tracking features to obtain information regarding your use of the Firesky Sites and Services, and agree that such information is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that all Content, including, without limitation, all characters created and virtual items, acquired and developed as a result of game play, are the sole and exclusive property of Firesky and may be used by Firesky (or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Firesky or third-party licensors (collectively, "Rights"), or (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby grant to Firesky the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, or to incorporate the same in other works in any form, media, or technology now known or later developed, for any and all purposes including, without limitation, news, advertising, promotional marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Content.
Firesky hereby grants you a personal, non-exclusive, non-transferable and non-assignable, limited license to operate and display, for noncommercial and personal use only, one copy of any material that you are expressly authorized to download from this Firesky Site, such as content, audio or images which are made available for personal use by our fans or for press coverage (collectively the "Downloaded Content"); provided, however, that you must include or maintain all copyright and other notices contained or associated with such downloaded content. The Downloaded Content is provided on an “AS IS” basis without warranty of any kind and is subject to the disclaimers set forth below. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Downloaded Content. Firesky reserves the right to revoke this limited use license at any time, without notice, for any reason, and at its sole discretion.
You may not attribute or suggest any endorsement or approval of your use of the Downloaded Content by Firesky in any manner. You may not use Downloaded Content on sites that feature defamatory, pornographic, or inflammatory content.
Notwithstanding any provision or statement in the Firesky Sites or Services to the contrary, in the absence of a written agreement, Firesky or its licensors retain all right, title and interest in and to the Downloaded Content (subject to the limited license expressly provided for above or otherwise authorized by Firesky in writing).
Firesky is pleased to hear from its customers and welcomes your comments regarding the Firesky Sites. Unfortunately, however, Firesky 's policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Firesky professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on the Firesky Sites, Services and products, we request that you be specific in your comments on the Firesky Sites, Services or products, and not submit any creative ideas, suggestions or materials.
If, despite our request, you intentionally or unintentionally send us unsolicited submissions (“Unsolicited Submissions”), you submit, post or otherwise send us any information, content or materials including, without limitation, creative suggestions, ideas, notes, drawings, concepts or other information (collectively, "User-Generated Content") through the Sites and Services (such User-Generated Content, together with Unsolicited Submissions, collectively, "Submissions"), Firesky (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on Firesky’s part and Firesky shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant Firesky (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on third party web sites, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution. If you provide any Submissions, you warrant, represent and promise that you are eighteen (18) years of age or older. Anyone under eighteen (18) years of age must first contact Firesky at Attn: Firesky Submissions, Firesky, LLC, 4140 East Baseline Rd., Suite 208, Mesa, Arizona 85206 to obtain an agreement for your parent or guardian to sign prior to providing any Submission.
If you upload any photograph to or through any Firesky Site feature, you (a) grant to Firesky the non-exclusive, worldwide right to use, post, publish and display your photograph on any Firesky Site, without royalty or compensation of any kind, (b) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (c) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (d) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution and (e) promise that you are eighteen (18) years of age or older. You understand that, once your photograph is posted, anyone can download or distribute that photograph. You expressly waive any and all claims you may have against Firesky and release Firesky from any and all liability arising from or related to the submission and Firesky 's or any third party's use of the photograph.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets (including, without limitation, your Account, characters, housing, items, credits, currency, coin or any other virtual in-game items or other materials appearing in or generated by the game or Services), information, software, products or services obtained from the Services, without the express written consent of Firesky. You hereby acknowledge and agree that you have no proprietary interest in any Account or game assets (including, without limitation, characters, housing, items, credits, currency, coin or any other virtual in-game items or any other materials appearing in or generated by the game or the Services). You may not use your Account(s) to "farm" in-game virtual items (i.e., playing the Firesky games or Services primarily for purposes of amassing an inventory of virtual items) for real-world commercial gain. Accordingly, you may not sell virtual in-game items for real-world money or otherwise exchange virtual in-game items for value outside of the Firesky game. You may not use any software or hardware that reduces the number of users directly accessing or using the Services (sometimes called "multiplexing" or "pooling" software or hardware). You further agree not to create or provide any means other than through the Firesky Sites by which Firesky 's on-line computer game may be played by others - for example, through server emulators.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service or the Service-specific License Agreements. You may not use the Services in any manner that could damage, disable, overburden, or impair any Firesky server, or the network(s) connected to any Firesky server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any Firesky server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. Firesky has no obligation to monitor the Communication Services. However, Firesky reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Firesky reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Firesky, and such communications shall not be considered reviewed, screened or approved by Firesky. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. Firesky specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Moderators and hosts of such Communications Services are not authorized Firesky spokespersons, and their views do not necessarily reflect those of Firesky.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself through the Communications Services. Firesky is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
Firesky reserves the right at all times to disclose any Content found on the Communications Services as Firesky deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such Content, in whole or in part, in Firesky 's sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Firesky Sites or Services in order to:
The Firesky Sites and Services, including, without limitation, all Software and Downloaded Content, contain copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and character data). The entire contents of the Firesky Sites and Services and each area contained therein are copyright protected as a collective work under the United States copyright laws. Firesky (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that Firesky or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the Firesky Sites and Services, and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content.
Firesky respects the intellectual property of others and expects users of the Firesky Sites and Services to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), if you know of or suspect that any use of the Firesky Site or Services constitutes copyright infringement, please send a notice to Firesky at: Attn: Firesky Notice of Copyright Infringement, Firesky, LLC, 4140 East Baseline Rd., Suite 208, Mesa, Arizona 85206. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and email address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf.
The Services are controlled and operated by Firesky from its offices within the State of Arizona. FIRESKY makes no representation that Software and other materials available through the Services are appropriate or available for use in other locations. Those who choose to access the Firesky Sites or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Firesky Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. No Content or Software may be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Firesky has the right to terminate or suspend, and you have the right to cancel, your Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with Firesky. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Firesky Sites or any change in such Content; (3) your ability to access or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your Account(s) for a Service by following the procedures made available with the applicable Service or Firesky Site. Firesky reserves the right to collect fees, surcharges or costs incurred before you cancel your Account(s). In the event that your Account is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it (such as points, tokens or in-game items). If your Account is terminated or suspended by FIRESKY, FIRESKY shall have the right to terminate or suspend any of your other Account(s).
THE LINKS APPEARING IN CERTAIN FIRESKY SITES WILL LET YOU LEAVE THE FIRESKY SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF FIRESKY AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. FIRESKY IS NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. FIRESKY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. FIRESKY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY FIRESKY OF THE LINKED SITES. FIRESKY MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD-PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.
PLEASE READ CAREFULLY. THIS SECTION LIMITS OUR RESPONSIBILITY TO YOU FOR YOUR USE OF THE FIRESKY SITES, SERVICES, SOFTWARE OR CONTENT.
To the maximum extent allowed by law, neither FIRESKY nor its parent, affiliates, subsidiaries, licensors, distributors, sublicensees, and their respective officers, directors, stockholders, employees, agents or subcontractors (collectively, the "Firesky Parties") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Firesky Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.
YOU EXPRESSLY AGREE THAT THE USE OF THE FIRESKY SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE FIRESKY SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. FIRESKY PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FIRESKY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE FIRESKY PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE FIRESKY PARTIES, OR BY YOUR OR ANY OTHER USER'S ERRORS OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE FIRESKY PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE FIRESKY SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FIRESKY IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE FIRESKY PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO FIRESKY OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE FIRESKY PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE FIRESKY SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH FIRESKY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF FIRESKY AND THE FIRESKY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FIRESKY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE FIRESKY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE FIRESKY PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THE FIRESKY SITES OR SERVICES FOR ANY PURPOSE.
THE CONTENT PUBLISHED ON THE FIRESKY SITES OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE FIRESKY PARTIES MAY MAKE IMPROVEMENTS OR CHANGES IN THE FIRESKY SITES, SERVICE(S), SOFTWARE OR CONTENT DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
These Terms of Service are governed by the laws of the United States of America and the State of Arizona, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal courts sitting in Maricopa County, Arizona, unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue of the state courts sitting in Maricopa County, Arizona, U.S.A. in all disputes arising out of or relating to the use of the Services. If you are accessing the Firesky Sites or Services from outside of the United States, then certain provisions of local laws may be required to apply, and in such an event such laws shall affect these Terms of Service only to the extent required by such jurisdiction and these Terms of Service shall be interpreted to give maximum effect to the terms and conditions hereof. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Firesky as a result of these Terms of Service or use of the Firesky Sites, Services, Software or Content.
Firesky may assign these Terms of Service, in whole or in part, at any time. Firesky 's performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Firesky 's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Firesky with respect to such use. You agree to indemnify and hold the Firesky Parties, harmless from and against any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of or conduct on the Services or Firesky Sites, or any violation by you of these Terms of Service. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. These Terms of Service, including the documents expressly incorporated by reference and any separate terms of use/service on any Firesky Site, constitute the entire agreement between you and Firesky with respect to the Firesky Sites and Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Firesky with respect to the Firesky Sites and Services. You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Firesky 's failure to enforce at any time any of the provisions of these Terms of Service or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Firesky of any provision, condition or requirement of these Terms of Service or License Agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in these Terms of Service or License Agreements, no default, delay or failure to perform on the part of Firesky shall be considered a breach of these Terms of Service if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Firesky. All notices given by you or required under these Terms of Service shall be in writing and addressed to: Firesky, LLC, 4140 East Baseline Road #208, Mesa, Arizona 85206, Attn: General Counsel. Firesky may give notice to you by means of a general notice on the Firesky Sites or Services, electronic mail to your e-mail address on record in Firesky 's Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Firesky's Account information.
The parties hereto have requested that these Terms of Service, and all correspondence and all documentation relating to these Terms of Service, be written in the English language.
Firesky may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the Firesky Sites. Except as expressly provided in these Terms of Service or the applicable License Agreement, the availability of the Services and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein or the documents incorporated by reference are reserved by Firesky (or its licensors).
See Firesky’s Privacy Policy relating to the collection and use of your information, which is incorporated into and forms a part of these Terms of Service. You hereby consent that Firesky may use your personally identifiable information in accordance with the terms of the Privacy Policy.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits California residents to request and obtain from Firesky once a year, free of charge, information about the personal information (if any) Firesky disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which Firesky shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to: Firesky Privacy Policy, Firesky, LLC, 4140 East Baseline Rd., Suite 208, Mesa, Arizona 85206.
Copyright and Trademark Notices
All content, design and layout of the Firesky Sites: Copyright © 2009 Cheyenne Mountain Entertainment, Inc., 4140 East Baseline Road #208, Mesa, Arizona . All rights reserved.
Cheyenne Mountain is a registered trademark of Cheyenne Mountain Entertainment, Inc. Firesky and the Firesky logo are trademarks of Cheyenne Mountain Entertainment, Inc.
FireSky® is a registered trademark of Cheyenne Mountain Entertainment, Inc. STARGATE SG-1© 1997-2009 MGM Television Entertainment Inc. and MGM Global Holdings Inc. STARGATE ATLANTIS© 2004-2009 MGM Global Holdings Inc. STARGATE SG-1, STARGATE ATLANTIS, and STARGATE RESISTANCE are trademarks of Metro-Goldwyn-Mayer Studios, Inc. All rights reserved. METRO-GOLDWYN MAYER™ & © 2009 Metro-Goldwyn-Mayer Studios Inc. All rights reserved. All other trademarks or tradenames are the property of their respective owners.