Valid from: June 10, 2020
Last modified: June 19, 2019
Welcome to Vladis Fire Incorporated (hereinafter referred to as “Vladis Fire”).
These Terms of Service (hereinafter referred to as the “Terms”) regulate the use of the Services by Vladis Fire Users.
As used, these Terms,
1.1. "Vladis Fire", "we", "us", or "our" refer to Vladis Fire Publishing Limited and all companies affiliated with Vladis Fire.
1.2. “Vladis Fire User” or “Vladis Fire Users” refer to the users of Vladis Fire Services.
1.3. “You” or “yours” refer to Vladis Fire Users.
1.4.
“Service” or “Services” refer to applications for mobile platforms or
devices and web applications, including web applications accessible on
third-party social networking services - "SNS" (collectively referred to
as "Vladis Fire Applications"), technical solutions implemented by
Vladis Fire into mobile and web applications of third parties aimed at
application promotion, application analytics, and Vladis Fire Users’
tracking, web-pages of Vladis Fire at application stores (AppStore, Google
Play etc.), accounts, pages, and societies of Vladis Fire in social
networks (Facebook, Instagram etc.), chats and on-line dialogues
implemented by Vladis Fire into Vladis Fire Applications and mobile and web
applications of third parties, web domains and subdomains of Vladis Fire
and Vladis Fire’s partners using the Services of Vladis Fire, including
Vladis Fire.me (collectively referred to as "Sites"), and other web forums
or messaging boards in Vladis Fire Applications and our Sites (collectively
referred to as "Forums").
“Vladis Fire Applications” refer to applications:
• that were developed by Vladis Fire;
•
that were developed by a third party but inside which Vladis Fire
implemented technical solutions for application promotion and in-app
analytics (including Vladis Fire Users’ tracking and Vladis Fire Users’
behavior analysis);
• that were developed by a third party but
regarding which Vladis Fire gave to the third party advice on the technical
solutions that should be implemented inside the applications for
application promotion and in-app analytics (including Vladis Fire Users’
tracking and Vladis Fire Users’ behavior analysis);
• that were
developed by a third party but which were promoted by Vladis Fire through
the Internet, including promotion through application stores (AppStore,
Google Play etc.), social networks (Facebook, Instagram etc.), promotion
through influencers (including but not limited to promotion by video
bloggers on YouTube and other kinds of video hosting), promotion by
means of Apple Store Optimization – ASO (including but not limited to
application icon creation, choice of optimal application name, key words
selection for optimal application search, drafting description of the
application for application stores, and creating screenshots of the
application), and promotion through other applications for mobile
platforms or devices and web applications;
• that were developed by a
third party but inside which Vladis Fire implemented advertisement of
another application for mobile platforms or devices, or web application,
including another Vladis Fire Application;
• that were developed by a
third party but were published on Vladis Fire’s accounts and pages in
social networks (Faceboot, Instagram etc.).
In all cases when
Vladis Fire Application was not developed by Vladis Fire, Vladis Fire has
exclusive, sole, and sub-licensable right to use such Vladis Fire
Application.
1.5. “Intellectual Property Rights” refer to right,
title, and interest in and to the Services and Vladis Fire Content; such
right, title, and interest cover all intellectual property rights in
respect of Services and Vladis Fire Content, including any patents,
copyrights, trademarks, service marks, trade names, database rights,
domain name rights, applications for any of the foregoing, moral rights
and trade secret rights owned by Vladis Fire, its subsidiaries or
Vladis Fire’s licensors that provided Vladis Fire with exclusive, sole, and
sub-licensable right to use Vladis Fire Applications.
1.6. “Vladis Fire
Content” refers to text, data, graphics, images, illustrations, forms,
documents, marketing materials, look and feel attributes, Vladis Fire or
our licensors' trademarks and logos, Vladis Fire Applications, and other
content made available by Vladis Fire on or through our Services, including
any Customizations but excluding User Content.
1.7. “Customizations”
refer to the modifications, designs or enhancements to Vladis Fire Content
in Vladis Fire Applications as a result of a Member's or a non-registered
user's customization of a virtual character in Vladis Fire Applications
using one of Vladis Fire's interactive templates or design tools.
1.8.
“Virtual Items” refer to Vladis Fire Content that is purchased, found
through use of Vladis Fire Applications, and used in Vladis Fire Applications
by Vladis Fire Users for entertainment. Such Virtual Items may include but
are not limited to virtual weapon, virtual medical aid kits, virtual
natural resources and other items that can be used by Vladis Fire Users
free of charge or for a fee.
1.9. “Virtual Currency” refers to
Vladis Fire Content that is purchased and used in Vladis Fire Applications for
purposes of purchasing and using Virtual Items.
1.10. “Tradable Items” refer to Virtual Items and Virtual Currency that cannot be purchased with real world money.
1.11.
“Member” or “Members” refer to Vladis Fire Users who registered and
created an In-Game Account on one of the Vladis Fire Applications.
1.12. “In-Game Account” refers to the account created by Vladis Fire User on one of the Vladis Fire Applications.
1.13.
“User Content” refers to text, data, graphics, images, photos, video or
audiovisual content, hypertext links and any other content uploaded,
transmitted or submitted by Members or other Vladis Fire Users on or
through our Services.
Please read these Terms carefully because they
govern your access to and use of our Services, Vladis Fire Content, and
User Content and are legally binding.
2.1. When you open the downloaded Vladis Fire Application or
otherwise obtain access to the Services of Vladis Fire, a dialog box will
appear on the screen of your device. The dialog box will contain the
following text: “I fully and freely agree with the Terms of Service and
Privacy Policy”. The box will also contain the link to the Terms of
Service and the button “I accept”. By pushing this button, you express
your consent to these Terms.
2.2. The dialog box specified in
para.2.1 of the Terms will also contain the text “I confirm that I am
16+ (or holding parental responsibility)”, and the box by ticking which
you confirm that you are 16 years of age or more, or that you are a
person holding parental responsibility over the Vladis Fire User who is
less than 16 years of age and you consent to the use of the Services by
such Vladis Fire User.
2.3. The dialog box specified in para.2.1 will
also ask you to agree with processing of your personal data. The
mechanism of providing Vladis Fire with your consent to processing of your
personal data is determined in Privacy Policy of Vladis Fire that you can
find by following the link https://Vladis Fire.me/privpolicy.html
3.1. Vladis Fire reserves the right, at its sole discretion, to
modify, discontinue or terminate our Services, including any portion
thereof, on a global or individual basis, or to modify these Terms, at
any time and without prior notice.
3.2. If we modify these Terms, we
will post these Terms as modified on our Site Vladis Fire.me. By continuing
to access or use our Services after we have posted a modification to
these Terms, you are indicating that you agree to be bound by the
modified Terms. The Terms will be modified at least once per 12 (twelve)
calendar months beginning from the date of posting the latest version
of these Terms. We encourage you to periodically visit our Site
Vladis Fire.me to monitor the updates on these Terms. If the modified Terms
are not acceptable to you, your only recourse is to cease using our
Services.
3.3. If you cease using our Services, you have a right to
delete your In-Game Account and send us a verifiable request to delete
your personal data associated with your In-Game Account. A verifiable
request can be sent via our e-mail help@vladisfire.com.
3.4.
If you send us the request to delete your In-Game Account, you shall
mention your username, nickname or login used in In-Game Account, your
unique identifier that you used for creating an In-Game Account (for
example, Facebook ID, Game Center ID etc.), and any other data that is
reasonably needed to identify your personal data associated with your
In-Game Account.
4.1. Subject to your compliance with these Terms, Vladis Fire
hereby grants you a limited, non-exclusive, non-transferable,
non-sublicensable license to access, view, and use Vladis Fire Services and
Vladis Fire Content that is a part of these Services solely for your
personal and non-commercial purposes.
4.2. You may not use Vladis Fire
Services and Vladis Fire Content for any purpose that is unlawful or
prohibited by these Terms or to solicit the performance of any illegal
activity or other activity which infringes the rights of Vladis Fire or
others.
4.3. Notwithstanding any other rights or restrictions in
these Terms, you shall not use Vladis Fire Services or Vladis Fire Content to:
4.3.1. violate any laws, third party rights, or Vladis Fire’s Privacy Policy;
4.3.2.
copy, modify, host, stream, sublicense or resell Services or Vladis Fire
Content except as otherwise explicitly provided in these Terms;
4.3.3. enable or allow others to use your In-Game Account;
4.3.4.
circumvent any use restrictions put into place by these Terms or
Privacy Policy of Vladis Fire to prevent illegal uses of the Services;
4.3.5.
upload or share any User Content that is unlawful, harmful,
threatening, abusive, tortious, defamatory, libelous, vulgar, lewd,
profane, invasive of another’s privacy, or hateful;
4.3.6. introduce to Vladis Fire Services viruses, worms, Trojan horses, and/or harmful code;
4.3.7. obtain unauthorized access to any computer system that is used by Vladis Fire for managing Services and Vladis Fire Content;
4.3.8. invade the privacy of other Vladis Fire Users;
4.3.9.
disrupt, interfere with, or inhibit any other Vladis Fire User from using
the Services (such as stalking, intimidating, or harassing others,
inciting others to commit violence, or harming minors in any way);
4.3.10. misrepresent your identity or use a false e-mail address;
4.3.11. Improperly use in-game support or complaint buttons or make false reports to Vladis Fire staff.
4.3.12. Use information about users publicly available in any Vladis Fire Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
4.3.13. tamper with or obtain illegal access to the Services or Vladis Fire Content;
4.3.14. place an advertisement of any products or services in the Services except with Vladis Fire’s prior written approval;
4.3.15. conduct fraudulent activities; or
4.3.16.
collect or harvest information regarding other users of Vladis Fire
Services for any reason whatsoever, including, without limitation, for
sending such users unsolicited commercial email or for any other reason
not specified in these Terms.
4.4. All Vladis Fire Users have a right to
provide us with feedback on the Services of Vladis Fire and Vladis Fire’s
business activities. The feedback can be sent to our e-mail help@vladisfire.com.
4.5.
You can freely use our Services only if you are 16 years of age or
more. If you are under the age of 16, you shall obtain the consent to
the use of the Services from your parent or guardian in accordance with
para.2.2 of these Terms.
4.6. The Services of Vladis Fire may contain
links to third-party web-sites and resources and other materials of
third parties. Because we do not control the content of such web-sites,
resources, and other materials, as well as availability of such
web-sites, resources or other materials, it is your sole responsibility
for and assume all risks arising from your use of any such websites or
resources.
4.7. Vladis Fire can offer Vladis Fire Users sweepstakes,
contests and similar promotions through the Services. Each promotion may
contain special rules of the promotion, and you should carefully review
them because they may contain additional important information about
Vladis Fire's rights to and ownership of the submissions you make as part
of the such promotions and as a result of your participation in such
promotions. To the extent that the terms and conditions of such rules
conflict with these Terms, the terms and conditions of such rules will
control.
4.8. The use of Services is free of charge. However, there
can be special in-app purchases implemented into Vladis Fire Applications
that provide Vladis Fire Users with additional features and functions,
including Virtual Items and Virtual Currency. If you purchase Virtual
Items or Virtual Currency, you agree that all such purchases are final.
You can refund the purchase price of Virtual Items or Virtual Currency
only if such Virtual Items or Virtual Currency become unavailable for
you before they are provided to you but after the transaction has been
made. Besides, if you are a resident of the European Union and you
purchase limited licenses to Virtual Items and Virtual Currency from us,
the right to withdraw from such purchases within 7 (seven) working days
of the date of purchase ("Cooling Off Period") may be available to you;
however, this right of withdrawal will not apply where our performance
begins before the end of the Cooling Off Period.
4.9. Violation of
these Terms results in deletion or block of your In-Game Account and
restriction of your access to Vladis Fire Applications, block or other
restriction of your access to the Services that are not Vladis Fire
Applications. We have no obligation to provide you with notice on
deletion of your In-Game Account or restriction of your access to the
Services of Vladis Fire. Your access to the Services can be restored only
after you send us a request for restoration of your access to the
Services to our e-mail help@vladisfire.com,
and we take a positive decision to restore your access to Services. We
have no obligation to put off the block from your In-Game Account or
otherwise restore your access to the Services. We will not reinstate
your In-Game Account if there is no technical possibility to do that.
4.10.
The measures specified in para.4.9 of this Section do not preclude
Vladis Fire from taking other actions needed for protection of Vladis Fire’s
rights, including Intellectual Property Rights. In particular, Vladis Fire
reserves the right to file a lawsuit against Vladis Fire User who violated
these Terms and request for compensating the damages caused by such
violation. We can also require you to compensate any loss and damages
caused by the lawsuit from a third party that alleged Vladis Fire Services
contained User Content or Customizations which violated copyright or
other intellectual property laws, and you were the source of such User
Content or Customizations.
4.11. If your In-Game Account is deleted
by you or by use due to violation of these Terms or due to any other
reason, you will also lose all the Virtual Items and Virtual Currency
you purchased and used in Vladis Fire Application on your In-Game Account.
You may also lose access to all User Content that you posted, uploaded,
created or modified on our Services.
4.12. If you send us a request
specified in para.4.9 of these Terms, you shall provide us with the
information that would allow us to identify your In-Game Account or
otherwise identify you as the Vladis Fire User (including but not limited
to your unique identifier, your e-mail address, your login or nickname
that you use in Vladis Fire Applications and other reasonably needed
information).
4.13. If other Vladis Fire Users notice that you violate
these Terms while using the Services, they can report about your actions
that violate the Terms via our e-mail help@vladisfire.com.
In this case we have the right to take reasonable actions needed to
prevent the violations of the Terms by you. If needed, we will block or
delete your In-Game Account or otherwise restrict your access to our
Services based on the report of another Vladis Fire User and your response
that you may provide to us we ask you to do so.
5.1. In order to access the full set of features of Vladis Fire
Applications, and to post any User Content on or through our Vladis Fire
Applications, you must register by creating an In-game Account and
become a Member.
5.2. In registering for an In-game Account as a
person who is 16 years of age or more, you agree to monitor the account
to restrict any use by minors. You accept full responsibility for any
unauthorized use of our Vladis Fire Applications by minors, and this
includes any use of your credit cards or other payment or settlement
instruments or devices by minors.
5.3. During the registration process, you will be required to provide certain information, including, but not limited to:
5.3.1. your email address;
5.3.2.
your unique identifier by which you can identify yourself in
application store or social network (for example, Facebook ID, Game
Center ID);
5.3.3. your nickname that you will use in Vladis Fire Application;
5.3.4. other personal information that is needed for creation of In-Game Account.
During
the registration process, you can also be obliged to establish a
username or a login and a password from your In-Game Account.
5.4.
Please take into account that this list of personal information that you
shall provide for creation of an In-Game Account is not full and can be
supplemented by the list of other personal data that we collect from
you under our Privacy Policy. You can read the text of Privacy Policy by
following the link https://Vladis Fire.me/privpolicy.html
5.5.
You agree to provide accurate, current and complete information during
the registration process and to update such information to keep it
accurate, current and complete. Your failure to do so will constitute a
breach of the Agreement, which may result in immediate termination of
your Account. You may not (i) select or use as a username a name of
another person with the intent to impersonate that person; or (ii) use
as a username a name subject to any rights of another person without
appropriate authorization. Vladis Fire reserves the right to refuse
registration of, or cancel, a username, in its sole discretion. You can
update such information through your In-Game Account by contacting as
via e-mail help@vladisfire.com.
5.6.
You are responsible for safeguarding your password. You agree not to
disclose your password to any third party or to allow any third party to
use your In-game Account, and you agree to take sole responsibility for
any activities or actions under your In-game Account, whether or not
you have authorized such activities or actions. You shall immediately
notify Vladis Fire of any unauthorized use of your In-game Account via
e-mail help@vladisfire.com.
5.7.
You have no property rights or interests in your In-Game Account. All
In-Game Accounts are property of Vladis Fire. You cannot sell or transfer
otherwise your In-Game Account to a third party.
6.1. Vladis Fire Users who created an In-Game Account and became
members have a full set of rights to use Vladis Fire Applications. In
particular, Members have a right to:
6.1.1. Play mobile and web games that are Vladis Fire Applications;
6.1.2. Use all the features and functions of both mobile and web games and other Vladis Fire Applications;
6.1.3.
Chat with other Members through the chats and on-line dialogues
implemented by Vladis Fire into Vladis Fire Applications and mobile and web
applications of third parties, and through other Forums of Vladis Fire
Applications;
6.1.4. Post, view, upload, create, modify, and comment
any lawful User Content in Vladis Fire Applications, including posting,
viewing, and commenting by use of the chats, on-line dialogues and other
Forums of Vladis Fire Applications to the extent that such actions do not
violate other Vladis Fire Users’ rights;
6.1.5. Provide Vladis Fire with feedback and rating on the work and features of Vladis Fire Applications;
6.1.6. Purchase and use Virtual Items and Virtual Currency;
6.1.7. Add lawful Customizations to Vladis Fire Content of Vladis Fire Applications;
6.1.8. Perform other lawful actions that do not violate these Terms or other applicable law.
6.2.
If you purchase or use Virtual Items and Virtual Currency, such Virtual
Items and Virtual Currency are provided to you solely for your personal
and entertainment use. They may only be used in Vladis Fire Applications,
and they have no "real world" value. By purchasing or receiving Virtual
Items and Virtual Currency all that you receive is a limited license to
use them in Vladis Fire Applications; Virtual Items and Virtual Currency
are not your personal property and no ownership interest in them is
transferred to you.
6.3. The prices for and the amounts and kinds of
Virtual Items and Virtual Currency available may be changed at any time
without notice. Virtual Items and Virtual Currency that you receive may
also be changed or discontinued at any time without notice. You cannot
sell or transfer, or attempt to sell or transfer, Virtual Items or
Virtual Currency. You can only exchange Virtual Items and Virtual
Currency that are Tradable Items for other Tradable Items so long as no
real world money or anything of real monetary value is paid or given for
such Tradable Items. Any other purported or attempted exchange is
strictly prohibited.
6.4. If we find out that you attempted to or
transferred your Virtual Items or Virtual Currency to another Vladis Fire
User or third party or sold Virtual Items or Virtual Currency for real
world money, we will delete your In-Game Account and restrict your
access to our Services.
6.5. Some of the Vladis Fire Applications may be
used without the creation of In-Game Account. In this case Vladis Fire
Users who did not create In-Game Accounts may have less rights than
provided in Section 6 of these Terms.
6.6. Vladis Fire Applications are intended solely for your personal and non-commercial use. Vladis Fire may change, suspend or discontinue the Vladis Fire Applications (or any feature thereof) at any time. Vladis Fire may also impose limits on certain features and services offered in connection with the Vladis Fire Applications or restrict your access to parts or all of Vladis Fire Applications without notice or liability. You acknowledge that from time to time Vladis Fire Applications may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Vladis Fire may undertake from time to time; or (iii) causes beyond the control of Vladis Fire or which are not reasonably foreseeable by Vladis Fire.
6.7. Collection and processing of your personal data
related to your use of Vladis Fire Applications as a Member is regulated by
our Privacy Policy that you can read by following the link https://Vladis Fire.me/privpolicy.html
7.1. Both Members and other Vladis Fire Users have an equal right to use our Services that are not Vladis Fire Applications.
7.2. In particular, all Vladis Fire Users have the right to search and browse through:
7.2.1.
Official web-site of Vladis Fire Vladis Fire.me and official web-sites of our
partners, subsidiaries and licensors that provided us with exclusive,
sole, and sub-licensable right to use Vladis Fire Applications;
7.2.2. Other web-sites belonging to Vladis Fire, its subsidiaries and licensors;
7.2.3. Accounts, pages, and societies of Vladis Fire in social networks (such as Facebook, Instagram, YouTube etc.);
7.2.4. Web-pages of Vladis Fire at application stores (such as AppStore and Google Play);
7.2.5. Forums of Vladis Fire except for Forums implemented into Vladis Fire Applications.
7.3.
Furthermore, both Members and other Vladis Fire Users have the right to
chat and comment on any User Content through our Services and provide us
with feedback and rating on the work and features of Vladis Fire
Applications. This right applies to the Services that are not Vladis Fire
Applications and to Vladis Fire Applications that do not require creation
of In-Game Account.
7.4. Both Members and other Vladis Fire Users have
the right to post, view, upload, create, and modify any lawful User
Content in or through Services, including posting, viewing, uploading,
creation, and modification by use of the accounts, pages, and societies
of Vladis Fire in social networks (Facebook, Instagram etc.), chats,
on-line dialogues and other Forums and Sites of Vladis Fire and on other
Services that do not require creation of In-Game Account. Such actions
can be performed by all Vladis Fire Users to the extent that they do not
violate other Vladis Fire Users’ rights.
7.5. Collection and processing
of your personal data related to your use of Vladis Fire Services as an
Vladis Fire User is regulated by our Privacy Policy that you can read by
following the link https://Vladis Fire.me/privpolicy.html
8.1. Our Services and Vladis Fire Content are protected by
copyright, trademark, and other laws of the Republic Cyprus, legal acts
of European Union, and other foreign countries laws and regulations.
Except as expressly provided in these Terms, Vladis Fire, its subsidiaries,
and our licensors exclusively own all Intellectual Property Rights.
8.2.
Vladis Fire owns all right, title and interest in and to any
Customizations, and you hereby waive any and all rights you may have had
in any Customizations under copyright law or otherwise.
8.3. You
will not remove, alter or obscure any copyright, trademark, service mark
or other proprietary rights notices incorporated in or accompanying our
Services or Vladis Fire Content.
9.1. By making available any User Content on or through our
Services, you hereby grant to Vladis Fire a worldwide, irrevocable,
perpetual, non-exclusive, transferable, royalty-free license, with the
right to sublicense, use, copy, adapt, modify, distribute, license,
sell, transfer, publicly display, publicly perform, transmit, stream,
broadcast and otherwise exploit such User Content only on, through or by
means of our Services.
9.2. Vladis Fire does not claim any ownership
rights in any such User Content and nothing in these Terms will be
deemed to restrict any rights that you may have to use and exploit any
such User Content. You acknowledge and agree that you are solely
responsible for all User Content that you make available on or through
our Services. Accordingly, you represent and warrant that: you are
either the sole and exclusive owner of all User Content that you make
available on or through our Services or you have all rights, licenses,
consents and releases that are necessary to grant to Vladis Fire the rights
in such User Content as contemplated under these Terms; and neither the
User Content nor your posting, uploading, publication, submission or
transmittal of the User Content or Vladis Fire's use of the User Content
(or any portion thereof) on, through or by means of our Services will
infringe, misappropriate or violate a third party's intellectual
property rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation.
10.1. All User Content that is created, posted, uploaded,
viewed, commented on, or modified on or through the Services by Vladis Fire
Users, as well as any Customizations provided by Vladis Fire Users in
respect of Vladis Fire Applications shall comply with copyright and other
intellectual property laws, including Digital Millennium Copyright Act
(DMCA), and shall not violate Intellectual Property Rights and
intellectual property rights of other Vladis Fire Users. The use of the
Vladis Fire Content by Vladis Fire Users shall not violate copyright laws,
including Digital Millennium Copyright Act (DMCA), and other
intellectual property laws and regulations.
10.2. If you believe
someone has uploaded User Content or Customizations to our Services that
infringes your copyright or your trademark and violates DMCA, please
let us know by sending us an Intellectual Property (IP) infringement
notice.
10.3. For copyright notices, the notice must meet all
requirements of the DMCA (described below). For trademark infringement
notices, person or legal entity must provide Vladis Fire with clear
information about the location of the allegedly infringing work,
complete information about trademark, and contact information (name,
physical address, e-mail address, and telephone number).
10.4. You can send a DMCA Notice, DMCA Counter Notice or Trademark Notice to the following e-mail: help@vladisfire.com.
You can also send a DMCA Notice, DMCA Counter Notice or Trademark
Notice to our address: Boumpoulinas, 1-3, Bouboulina Building,
Flat/Office 42, 1060, Nicosia, Cyprus.
10.5. When you send a DMCA
Notice, DMCA Counter Notice or Trademark Notice to us, we always provide
a copy of your notice to the Vladis Fire User who uploaded the User
Content or Customizations you say are infringing.
10.6. If you
believe your copyright-protected work was used in our Services without
authorization, you may submit a DMCA Notice. It should contain:
10.6.1. A clear description of the copyrighted work infringed;
10.6.2.
The uniform resource locator (URL) where the material you claim is
infringing is located on our Services, or a description of that location
sufficiently detailed for us to find it;
10.6.3. A statement that
you have a good faith belief that the use of the content identified in
your DMCA notice is not authorized by the copyright owner, its agent or
the law;
10.6.4. Your contact information (such as your name, physical address, e-mail address, and telephone number);
10.6.5.
A certification, under penalty of perjury, that the DMCA notice is
accurate, signed (either electronically or physically) by the copyright
owner or the copyright owner’s legal representative; and
10.6.6. A
physical or electronic signature (typing your full name will suffice) of
the copyright owner or a person authorized to act on copyright owner’s
behalf.
10.7. Before you file your DMCA notice, please carefully
consider whether the use of the copyrighted material at issue is
protected by the Fair Use doctrine. If you file a DMCA notice when there
is no infringing use, you could be liable for costs and attorneys’
fees. If you are unsure whether someone’s use of your copyrighted
material amounts to infringement, please contact an attorney.
10.8.
If you believe we disabled your content on our Services as a result of
an improper copyright infringement notice, you can file a DMCA Counter
Notice. Vladis Fire will only take action in response to DMCA Counter
Notices that contain all of the following:
10.8.1. A clear description of the material we disabled and the location where it was hosted before disabling;
10.8.2.
A statement that you consent to jurisdiction of the Federal District
Court for the Southern District of New York and that you will accept
service of process from the person who filed the DMCA notice you are
responding to or their agent;
10.8.3. Your contact information (such as your name, physical address, e-mail address and telephone number); and
10.8.4.
A statement made and signed by you under penalty of perjury that you
have a good faith belief that the content was removed or disabled as a
result of mistake or misidentification.
10.9. Before you file your
DMCA Counter Notice, please carefully consider whether your use of the
material at issue is infringing. If you file a DMCA Counter Notice when
your use is infringing, you could be liable for costs and attorneys’
fees. If you are unsure whether your use of the content at issue amounts
to infringement, please contact an attorney.
10.10. We process
copyright notices in the order they are received. Please note that
submitting duplicate DMCA notifications may cause delayed processing.
10.11.
Our response to notices of alleged copyright infringement may include
the removal or restriction of access to allegedly infringing material.
11.1. Our Services and Vladis Fire Content are provided as is, without warranty of any kind, either express or implied.
11.2.
Without limiting the foregoing, Vladis Fire explicitly disclaims any
warranties of merchantability, fitness for a particular purpose, quiet
enjoyment or non-infringement, and any warranties arising out of course
of dealing or usage of trade.
11.3. Vladis Fire makes no warranty that
our Services, Vladis Fire Content or User Content will meet your
requirements or will be available on an uninterrupted, secure, or
error-free basis.
11.4. Vladis Fire makes no warranty regarding the
quality of any Services or Vladis Fire or User Content purchased or
obtained through our Services, or the accuracy, timeliness,
truthfulness, completeness or reliability of any Vladis Fire or User
Content obtained through our Services.
11.5. No advice or
information, whether oral or written, obtained from Vladis Fire or through
our Services, Vladis Fire Content or User Content, will create any warranty
not expressly made herein.
12.1. Vladis Fire is not liable to Vladis Fire User or anyone else
for any loss of use, data, goodwill, or profits, whatsoever, and any
special, incidental, indirect, consequential, or punitive damages
whatsoever, regardless of cause (even if Vladis Fire has been advised of
the possibility of the loss or damages), including losses and damages:
12.1.1. resulting from loss of use, data, or profits, whether or not foreseeable;
12.1.2. based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or
12.1.3. arising from any other claim arising out of or in connection with Vladis Fire User’s use of or access to the Services.
12.2.
By agreeing to these Terms, you specifically acknowledge that Vladis Fire
is not liable for the defamatory, offensive or illegal conduct of other
Vladis Fire Users or third parties, and that the risk of injury from the
foregoing rests entirely with you further. Vladis Fire will also have no
liability for any User Content uploaded to or downloaded from or through
the Services.
12.3. In no event will the total liability of Vladis Fire
arising out of or in connection with application of these Terms or use
of Services exceed 100 (one hundred) U.S. dollars.
12.4. The rules
provided in paras.12.1-12.3 of this Section do not apply if imperative
rules of applicable law provide otherwise.
13.1. These Terms, their validity, interpretation,
modification, and performance are governed by the law of the United
Kingdom of Great Britain and Northern Ireland.
13.2. If laws and
legal acts of other countries or supranational and international
organizations, including, but not limited to, DMCA, California Consumer
Privacy Act (CCPA), and General Data Protection Regulation (GDPR)
provide that the business activity of Vladis Fire related to providing
Vladis Fire Users with access to the Services is governed by these laws and
legal acts, and such provisions are peremptory and cannot be avoided by
Vladis Fire, such laws and acts apply.
13.3. If an Vladis Fire User has
any concern about application of these Terms or does not agree with any
of the actions of Vladis Fire related to the application of these Terms or
providing Vladis Fire Users with the Services, such Vladis Fire User shall
send a claim to Vladis Fire via e-mail help@vladisfire.com.
Vladis Fire shall response to the claim within 30 (thirty) calendar days
after receiving the claim. Vladis Fire sends the response to the claim to
the e-mail address of Vladis Fire User that he mentioned in the claim.
13.4.
If the Vladis Fire User is not satisfied with the response to the claim,
he can resolve a dispute in the state and federal courts located in New
York City, USA, in accordance with the subject-matter jurisdiction rules
provided by Federal Rules of Civil Procedure and rules of civil
procedure of the New York State.
13.5. All other disputes between
Vladis Fire and Vladis Fire Users with respect to the application of these
Terms shall also be resolved in the state and federal courts located in
New York City, USA, in accordance with the subject-matter jurisdiction
rules provided by Federal Rules of Civil Procedure and rules of civil
procedure of the New York State.
13.6. With respect to disputes
determined in para.13.4 and para.13.5 of these Terms both Vladis Fire and
Vladis Fire User that has agreed to these Terms waive any objection to
jurisdiction and venue in courts specified in this Section of the Terms.
In resolving the dispute specified in para. 13.4 and para. 13.5 of the
Terms, the court shall apply the law of the United Kingdom of Great
Britain and Northern Ireland unless otherwise is explicitly provided by
laws and legal acts of other countries application of which cannot be
avoided by Vladis Fire.
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only, and the English version shall govern to the extent of any inconsistency.
All communication with Vladis Fire regarding the application of these Terms or the use of the Services is conducted through Vladis Fire e-mail help@vladisfire.com.