Last revised February 7, 2007
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Fixed Internal Resource Enterprises Inc., International Compusafe Ent. Inc. and
David Berry (collectively, "0017x.com") provides this website and related
websites, such as websites related to e-commerce, shopping, research and
development and other content (such websites collectively, the "Site"), together
with the advertising and content (including user-created content) you see here
and on our related websites (collectively, the "Services"), subject to your
compliance with the terms and conditions set forth in this agreement (the
"Agreement"). By using the Site, you agree to be bound by these terms and
conditions. In addition, when using particular services provided by 0017x.com,
you shall be subject to any additional posted guidelines or rules applicable to
such services. All such guidelines or rules are hereby incorporated by reference
into this Agreement.
If you do not agree to these terms and conditions, please do not use the Site.
This Agreement is made between 0017x.com and you, as a Site visitor and/or
Member ("you").
We reserve the right at any time to:
change the terms of this Agreement;
change the Services, including eliminating or discontinuing any content on or
feature of any Site; or
change any fees or charges for use of the Services.
Any changes we make will be effective immediately on notice, which we may give
either by posting the new Agreement on the Site or via electronic mail. Your use
of the Services after such notice will be deemed acceptance of such changes. Be
sure to review this Agreement periodically to ensure your familiarity with the
most current version. You will always be able to tell when the version was last
updated by checking the "Last Revised" date at the top of the Agreement.
(1) CODE OF CONDUCT. While using the Site, the Services, and/or Downloads (as
defined below), you agree not to:
A. Post, transmit, or otherwise make available anything that is or may be (i)
threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory;
(iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise
objectionable; or (v) protected by copyright, trademark, trade secret, right of
publicity, or other proprietary right without the express permission of the
owner of such copyright, trademark, trade secret, right of publicity, or other
proprietary right. If it is determined that you have, at any time, violated the
intellectual property rights of others, you shall thereafter be barred from
submitting or posting any further material on the Websites.
B. Use the Site, Services, and/or Downloads for any illegal purpose; or post,
transmit, or otherwise make available any material which would give rise to
criminal or civil liability; which encourages conduct that constitutes a
criminal offense; or which encourages or provides instructional information
about illegal activities, or activities such as hacking, cracking, phishing or
phreaking
C. Post, transmit, or otherwise make available any material that would violate
another person's privacy or other rights, including any message containing
personal identification information, including phone numbers or addresses
(including your own).
D. Post, transmit, or otherwise make available any material, non-public
information about a company without the proper authorization to do so.
E. Interfere with any other user's right to privacy; or harvest or collect
personally identifiable information about users of the Websites; or "stalk" or
otherwise harass another.
F. Impersonate any person or entity, including, but not limited to, any
0017x.com representative; falsely state or otherwise misrepresent your
affiliation with any person or entity; forge headers or otherwise manipulate
identifiers in order to disguise the origin of any materials transmitted through
the Site or Services; or express or imply that we endorse any statement you make
without our prior written consent.
G. Post, transmit, or otherwise make available any virus, worm, Trojan Horse,
easter egg, time bomb, spyware, or any other computer code, file, or program
that may or is intended to damage or hijack the operation of any hardware,
software, or telecommunications equipment.
H. Interfere with or disrupt the Site or the Services, or the servers or
networks that provide the Site and Services; or disobey any requirements,
procedures, policies, or regulations of such networks.
I. Restrict or inhibit any other user from using the Site or the Services,
including by means of hacking or defacing any portion of the Site or Services.
J. Post, transmit, or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," investment opportunity, or any other form of solicitation.
K. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial
purposes, any portion of (i) the Site Services, or Downloads; (ii) use of the
Site, Services, or Downloads; or (iii) access to the Site, Services, or
Downloads. Unauthorized use of 0017x.com content and trademarks may be a
violation of federal and state laws (including without limitation federal and
state laws relating to copyright infringement, trademark infringement, trademark
dilution, unfair competition and cybersquatting), which may result in civil and
criminal liability.
L. Modify, adapt, translate, reverse engineer, decompile, or disassemble any
portion of the Site, Services, or Downloads.
M. Remove any copyright, trademark, or other proprietary rights notice contained
on the Site, Services, or Downloads.
N. Frame or mirror any part of the Site without 0017x.com's prior written
authorization.
O. Create a database by systematically downloading and storing all or any of the
content on the Websites.
P. Use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, "data mine," or in any way
reproduce or circumvent the navigational structure or presentation of the Site
or its contents, unless otherwise permitted by 0017x.com.
Q. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Site or Services are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
You understand that all information and materials available through the
Services, whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such information and materials
originated. This means that you, and not 0017x.com, are entirely responsible for
all materials that you upload, post, email, transmit or otherwise make available
via the Services. 0017x.com does not control the materials posted via the
Services and therefore does not guarantee the accuracy, integrity or quality of
such materials. You understand that by using the Site and the Services, you may
be exposed to content that is offensive or objectionable. While using the Site,
Services, and/or Downloads, you agree to comply with all applicable laws, rules
and regulations. We have no obligation to monitor the Site or any materials that
you transmit to the Site. However, you acknowledge and agree that we have the
right to (a) monitor the Site from time to time and the materials you transmit;
(b) delete, edit, move, or disable any such materials; and (c) disclose any
information (including your personal contact information) to any third party in
order to operate the Site or Services properly; to protect 0017x.com, the Site,
our sponsors, partners, affiliates, and our members and visitors or any other
party; and to comply with any legal obligations or governmental or other
appropriate requests. Upon our request, you agree to sign a non-electronic
version of this Agreement.
(2) SUBMISSIONS. Material you send to us or post (or that you have sent or
posted prior to the effective date of this Agreement) anywhere on the Site,
including without limitation, "fanfiction," text, artwork, graphics, photos,
music or software may be used by 0017x.com or its affiliates throughout the
world in perpetuity for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast, posting and
sublicensing, and may be modified to enable any such use. Furthermore, you
acknowledge that 0017x.com is free to use any ideas, concepts, know-how, or
techniques contained in any communication that you send to or post on the Site
(including any such communication sent or posted prior to the effective date of
this Agreement) for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using such information. As a
general rule, we ask that you do not post, send or bring to our attention any
other creative materials of any kind, such as stories or character ideas,
screenplays, songs, or original artwork, unless you agree to our use thereof as
described above. We hope you will understand that it is the intent of this
policy to avoid the possibility of future misunderstandings when projects
developed independently by our professional staff or by 0017x.com affiliates
might seem to others to be similar to their own creative work.
If, despite our request that you not send us any creative materials, you send or
have sent us creative suggestions, ideas, notes, drawings, concepts or other
information (collectively, the "Information"), the Information shall be deemed,
and shall remain, our property, and 0017x.com shall own all now known and
hereafter existing rights of every kind in and to the Information, in
perpetuity. None of the Information shall be subject to any obligation, whether
of confidentiality, attribution, or otherwise, on our part and we shall not be
liable for any use or disclosure of any Information. Applicable law may restrict
or limit the foregoing provisions of this paragraph. If so, without limitation
of the foregoing, you agree that in no event shall 0017x.com 's liability exceed
the amount payable to a writer under the Writers Guild of America Basic
Agreement (as of the date of the submission) for a first-time writer of such
materials. Without limitation of the foregoing, in the event that 0017x.com is
legally prohibited from assuming ownership of the Information, by sending us
Information you grant us (and our partners and affiliates) a worldwide, non-
exclusive, sub licensable (through multiple tiers), assignable, royalty-free,
perpetual, irrevocable right to use, reproduce, distribute (through multiple
tiers), create derivative works of, publicly perform, publicly display,
digitally perform, make, have made, sell, offer for sale and import such
Information in any media now known or hereafter developed, for any purpose
whatsoever, commercial or otherwise, without compensation to you or any provider
of the Information.
(3) OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS. © 0017X.COM All Rights
Reserved. The Site is owned and operated by us in conjunction with our
affiliates, licensors, licensees, partners, and others pursuant to contractual
arrangements. You may not copy, reproduce, republish, upload, post, transmit or
distribute materials from the Site in any way, without our prior written
permission, except you may download one copy of such material on any single
computer for your personal, non-commercial home use only, provided you keep
intact, without change, all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other purpose is a
violation of our copyright and other proprietary rights, and is strictly
prohibited. You acknowledge that you do not acquire any ownership rights by
using the Site.
If you download software or data files from the Site, such software and files
(including without limitation any audio files, video files, data files, and any
files transmitted to you as part of the 0017x.com Newsletter or similar
services, images incorporated in or generated by the software, and data
accompanying the software) (collectively, the "Downloads") are licensed on a
limited basis to you by us or the owner of such Downloads. Title to the
Downloads is not transferred to you. You may own the medium on which the
Downloads are recorded, but we retain all right, title, and interest in and to
the Downloads, and all intellectual property rights therein. You may not resell,
decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a
human-perceivable form, or transfer the Downloads to any third party.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith that
materials we host infringe your copyright, you (or your agent) may send us a
notification requesting that the material be removed, or access to it blocked.
To be effective, the notification must include the following:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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.
4. Information reasonably sufficient to permit us to contact you, such
as an address, telephone number, and if available, an electronic mail address at
which you may be contacted.
5. A statement that you have 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.
If you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet statutory requirements imposed by the
DMCA. 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.
One place to find more information is the U.S. Copyright Office web site,
currently located at http://www.loc.gov/copyright/. Notices and counter-notices
for the Site should be sent to Copyright Complaints at webmaster@0017x.com.
Alternatively, you may contact us via U.S. mail at: David Berry, 2602 Sylvan
Dr., Abilene, TX, 79605, Attn:DMCA Notices. We suggest that you consult your
legal advisor before filing a notice or counter-notice. Also, be aware that
there can be penalties for false claims.
The Fire n Ice inc blue and red circle or sphere orbited by four spheres of
primary colors red, yellow, blue and green logo and all associated logos and
domain names are trademarks, logos, service marks, and/or domain names of
0017x.com ("0017x.com Marks"). Other trademarks, service marks, logos, and/or
domain names used on the Sites (including, without limitation, the individual
names of stores, corporations, specific products and services or other
intellectual media and providers and the domain names associated therewith),
where not the property of 0017x.com, are the trademarks, service marks, logos,
and/or domain names of their respective owners ("Third Party Marks"). You agree
that you will not challenge the respective ownership rights of 0017x.com or any
third party in or to the 0017x.com Marks or the Third Party Marks, and that you
will not register or attempt to register any trademark, service mark, logo,
and/or domain name that is identical or confusingly similar to any of the
0017x.com Marks or Third Party Marks.
(4) PRIVACY POLICY; RULES FOR SWEEPSTAKES, CONTESTS, GAMES. Any sweepstakes,
contests, and games accessible through the Site are governed by specific rules.
By entering such sweepstakes or contests or participating in such games you will
become subject to those rules. We urge you to read the applicable rules, which
are linked from the particular activity, and to review our Privacy Policy, which
discusses and governs (in addition to this Agreement and any specific rules
associated with a particular promotion) any information you submit to 0017x.com
or the Site, including any information submitted in connection with such
sweepstakes, contests, and games. If you are under the age of 13, or are a
parent of a child under the age of 13, please be sure to read the portion of our
Privacy Policy relating to the protection of children's privacy online. The Site
and Services are not intended for use by children under 13 years of age.
(5) REGISTRATION OBLIGATIONS/SCREEN NAMES.
A. You are not obligated to register with 0017x.com in order to access the Site
or the Services. However, 0017x.com may offer certain features and services for
which registration is necessary. For example, to contribute in an interactive
community, you may be required to select a user name and to provide your email
address to 0017x.com. Depending on the Service, you will either select your own
password at the time of registration, or will receive an email notification from
us with a randomly generated initial password. Whenever you contribute to a
public forum, your user name and a link to your profile may automatically appear
with your post. In addition, you may submit your email address in order to
receive periodic updates about new 0017x.com features, online products, and
other matters, through the 0017x.com Newsletter. Additional contact information,
including name, address, and phone number, may be required for participation in
online quizzes and contests. All such submissions are governed by 0017x.com 's
Privacy Policy. We may refuse to grant you, and you may not use, a user name (or
email address) that is already being used by someone else; that may impersonate
another person; that belongs to another person, without his or her prior
consent; that violates the intellectual property or other rights of any person;
that is vulgar or otherwise offensive; or that we reject for any other reason in
our sole discretion.
B. In consideration of your use of the Site and Services, you agree, where
information is requested, to provide true, accurate, current, and complete
information about yourself, and to maintain and update it promptly. You agree
that if any information you provide is false, inaccurate, not current, or
incomplete, we may terminate your use of the Site and/or the Services. You are
responsible for maintaining the confidentiality of your password, and agree not
to transfer your use of or access to the Site or Services to any third party.
You are fully responsible for all activities that occur under your password or
user name, including without limitation purchases. You agree to (a) immediately
notify 0017x.com of any unauthorized use of your password or user name or any
other breach of security, and (b) ensure that you exit from your account at the
end of each session. 0017x.com is not liable for any loss or damage arising from
your failure to comply with all of the foregoing obligations.
(6) JURISDICTIONAL ISSUES. Unless otherwise specified, the materials in the Site
are presented solely for the purpose of promoting the entertainment,
information, and community resources and services available in, and other uses
in, the United States, its territories, possessions and protectorates. We
control and operate the Site from within the State of Texas, United States of
America. We make no representation that materials in the Site are appropriate or
available for use in other locations. Those who choose to access the Site 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. The Downloads
are further subject to United States export controls. No Downloads may be
downloaded or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Taliban-controlled
areas of Afghanistan, or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Downloads, 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.
We reserve the right to limit the availability of the Site and/or the provision
of any service, program, or other product described thereon to any person,
geographic area, or jurisdiction, at any time and in our sole discretion, and to
limit the quantities of any such service, program, or other product that we
provide.
(7) TERMINATION. This agreement is effective until terminated by either party.
You may terminate this agreement at any time by notifying us and ceasing all use
of any of the 0017x.com Services or Sites. This agreement will terminate
immediately without notice from us if, in our sole discretion, you fail to
comply with any term or provision of this agreement. Upon termination, you may
not make any further use of any of the 0017x.com Services or Sites or any
materials obtained from the sites (unless and until you agree to be bound by the
then-current applicable Terms of Use). Any provisions of this Agreement which,
by their terms, ought to survive, shall survive any termination of this
Agreement.
(8) DISCLAIMERS. THE MATERIALS CONTAINED ON AND/OR IN THE SITE AND SERVICES, ANY
PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, SITE, OR THE SOFTWARE ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 0017x.com AND ITS
AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not
allow the exclusion of implied warranties, so the above exclusions may not apply
to you.
0017x.com AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE
OF THE SERVICES, THE SITE, OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR
SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SITE (OR THE
SERVER THAT MAKES THEM AVAILABLE) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND
MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO
ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, SITE, AND THE SOFTWARE AND
YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF 0017x.com OR ITS
AFFILIATES, SUPPLIERS, OR AGENTS, WHETHER MADE ON THE SITE, IN THE SERVICES,
SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.
We neither endorse nor are responsible for any opinion, advice, information, or
statement made or displayed on the Sites by third parties. Under no
circumstances will we or our affiliates, suppliers, or agents be liable for any
loss or damage caused by your reliance on such information obtained through the
Site. Remember that it's your responsibility to evaluate the accuracy and
reliability of any opinion, advice, information, or statement available on the
Site.
A possibility exists that the Site and/or Services could include inaccuracies or
errors. Additionally, a possibility exists that unauthorized alterations could
be made by third parties to the Site and/or Services. Although we attempt to
ensure the integrity of the Site and the Services, we make no guarantees as to
the Site's or the Services' completeness or correctness. In the event that such
an inaccuracy arises, please inform us at webmaster@0017x.com so that we can try
to correct it.
THE 0017x.com SITES CONTAIN LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE
CONTROL OF 0017x.com AND 0017x.com IS NOT RESPONSIBLE FOR THE CONTENT ON ANY
LINKED SITE. IF YOU ACCESS A THIRD-PARTY SITE FROM OUR SITE, THEN YOU DO SO AT
YOUR OWN RISK. 0017x.com PROVIDES LINKS AS A CONVENIENCE AND THE INCLUSION OF
THE LINK DOES NOT IMPLY THAT 0017x.com ENDORSES OR ACCEPTS ANY RESPONSIBILITY
FOR THE CONTENT ON THOSE THIRD-PARTY SITES.
(9) LIMITATION OF LIABILITY. NEITHER 0017x.com NOR ITS SUPPLIERS, AFFILIATES,
AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SERVICES, THE
SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH ANY PORTION OF THE SITE, THE SERVICE, THE SOFTWARE,
AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE, THE SERVICE,
AND/OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO
0017x.com AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR
OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE
SERVICES.
(10) INDEMNIFICATION. You agree to indemnify, defend and hold us, our officers,
directors, employees, agents and representatives harmless from and against any
and all claims, damages, losses, costs (including reasonable attorneys' fees),
or other expenses that arise directly or indirectly out of or from (a) your
breach of this Agreement, including without limitation, any violation of the
Code of Conduct set forth in Paragraph 1 of Section 1; (b) any allegation that
any materials that you submit to us or transmit to the Site infringe or
otherwise violate the copyright, trademark, trade secret or other intellectual
property or other rights of, or defame, any third party; and/or (c) your
activities in connection with the Site.
(11) GOVERING LAW; LEGAL PROCEEDINGS. THE LAWS OF THE STATE OF TEXAS AND THE
UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN
TEXAS AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN (i) THE
VALIDITY AND INTERPRETATION OF THIS AGREEMENT, (ii) THE PERFORMANCE BY THE
PARTIES OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER, AND (iii) ALL OTHER CAUSES OF
ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT.
12) MISCELLANEOUS. If any provision of this Agreement is found to be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire Agreement between
us relating to the subject matter herein and supersedes and any all prior or
contemporaneous written or oral Agreements between us. This Agreement is not
assignable, transferable or sublicensable by you except with 0017x.com's prior
written consent. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or paragraph title contained in this Agreement is inserted
only as a matter of convenience and in no way defines or explains any paragraph
or provision hereof. If any part of this agreement is not valid for any reason
then the spirit of the agreement will be held to as much as available law
permits
Copyright @ David Berry 2007