Terms of Service

Last Updated: Friday, December 25th 2020

Introduction and accepting the terms

These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy (“Privacy Policy”), are a legal agreement between Fire ("we", "us", "our") and you ("you" or “your”). By using our services, you agree that you are 13 years of age or older and agree to the terms outlined within this document.

We may, at any time, and at our sole discretion, update or modify this document without prior notice (although an announcement will usually be made in our Discord), which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting changes to our services. Unless explicitly stated otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, you shall stop using our services and can request data removal as outlined in the Privacy Policy.

Rights to use our services

By using any of our services you agree to follow the following conditions without any objections, except with prior written permission by us.

You may be given one warning if you don't adhere to these conditions. We reserve the right to revoke or block access to any service at any time if you don't adhere to these conditions, violate our Terms of Service in any way, or for whatever reason we deem valid without justification.

Essential conditions

The key words "MUST NOT", "SHALL NOT", "MAY" in all of the following portions of this document are to be interpreted as described in RFC 2119.

when using Fire

Inviting, using and participating in guilds with Fire constitutes your agreement to the terms below.

  • You SHALL NOT automate your usage of the bot

  • You SHALL NOT spam messages that trigger the bot, whether it is against the guild's rules or not.

  • You MUST NOT attempt to abuse, exploit or otherwise misuse Fire in any way.

  • You MUST NOT use Fire to post any content that is deemed Not Safe for Work ("NSFW") in areas where a user does not have to verify their age

  • You MUST NOT violate the personal, intellectual property or other rights of any party including using, uploading, transmitting or distributing information in any manner that infringes said rights through Fire.

  • You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam) or infract the Terms of Service of any chat or social platform.

when using web-facing services

Using any service accessible through the web, whether it be the Fire website, Vanity URLs & Redirects or Fire's API constitutes your agreement to the terms below.

  • You SHALL NOT attempt to abuse, exploit or misuse these services in any way.

  • You SHALL NOT exceed our rate limits for a substantial amount of time. Actions like this are taken very seriously and may even be reported to local authorities if necessary.

  • While automation is not forbidden, you MUST NOT attempt to access these services through automated means in an attempt to appear as a normal user

Restrictions

Along with the above terms for Fire's web-facing services, we reserve the right to block any request sent to these services at any time and for any reason. You should use a custom User-Agent if automating requests to allow us to identify you. Most common default User-Agent's ("Java/1.8.0", "aiohttp/3.6.2" etc.) have been blocked from accessing our services to prevent malicious automated actions. If you find yourself being blocked by Cloudflare, please ensure you are using a custom User-Agent. If you are still blocked and cannot figure out how to resolve it, please email [email protected] quoting the RAY ID from the page.

Use of third-party services

Use of a third-party service in any service we provide does not indicate endorsement of said services nor do we take responsibility for the actions taken by these third-party services. You agree that we are not responsible or liable for any loss or damage as a result of interactions with these services.

Branding

Fire's branding (e.g. our logo, with or without the "Fire" name) MUST NOT be used in a way that is harmful to the brand, such as attempting to deceive a user and attempt to cause any harm to another user or any other malicious intent.

Disclaimer of Warranty

THE SERVICES AND THE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT, WILL WE BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, FIRE'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER CONTENT, INCLUDING WITHOUT LIMITATION YOUR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD US, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR IN CONNECTION WITH a) YOUR USE OF AND ACCESS TO THE SERVICE; b) YOUR VIOLATION OF ANY TERM OF THESE TERMS; c) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT OR ANY THIRD PARTY AGREEMENT; OR d) ANY OF YOUR CONTENT OR INFORMATION IN YOUR ACCOUNT OR ANY OTHER INFORMATION YOU POST OR SHARE ON OR THROUGH THE SERVICE. AS USED IN THIS SECTION, "YOU" SHALL INCLUDE ANYONE ACCESSING THE SERVICE USING YOUR ACCOUNT.