Terms of Service
The effective date of this Agreement is January 1, 2017.
We encourage you to read this Agreement carefully before using The Fireside Journal, and we would love to hear your feedback and suggestions on how we can make The Fireside Journal better. Email us at firstname.lastname@example.org with your thoughts.
If you’re looking for the section of this Agreement that relates to the rights and ownership of your content, skip to section 2a.
1. Using The Fireside Journal Service
No one under the age of thirteen (13) may use The Fireside Journal Service or provide any information to The Fireside Journal, or to anyone else through The Fireside Journal Service, including name, address, telephone number, and email address. You may only access or use tThe Fireside Journal Service if you are able to form a legally binding contract with The Fireside Journal that is in compliance with this Agreement and all applicable laws. By using The Fireside Journal Service, you represent that you have the legal right and capacity to enter into this Agreement in your jurisdiction.
The information you provide upon registration for the The Fireside Journal, and all other information you submit to The Fireside Journal Service at any time, must be accurate, true, current and complete at all times. The username on your The Fireside Journal account must not be the name or trademark of another person or entity that is not lawfully available for use or that you are not authorized to use, and it must not be otherwise offensive, vulgar or obscene. We also reserve the right to force forfeiture of any username for any reason. You are responsible for maintaining the confidentiality and safeguarding the password you use to access the The Fireside Journal Service and are solely responsible for all activities or actions resulting from the use of your password and conducted through your The Fireside Journal account. You agree that The Fireside Journal cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
c. Our license to you
Subject to this Agreement and our policies, we grant you a worldwide, royalty-free, non-exclusive, non-transferable and revocable license for the sole purpose of enabling you to use and enjoy the The Fireside Journal Service.
d. Acceptable Use Policy
The Fireside Journal is designed for you to discover and share places that mean something to you. You agree that you will not use the The Fireside Journal Service for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by The Fireside Journal. You further agree to only use The Fireside Journal Service in a manner that is consistent with the following policies.
Regarding your content:
You are solely responsible for any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other materials (taken together, “Content”) that you submit, post or share on The Fireside Journal. You are entirely responsible for the content of, and any harm resulting from, that Content. You agree and acknowledge that The Fireside Journal is not responsible for, and does not endorse any Content posted on or through The Fireside Journal Service.
You must not post any Content that is sexually explicit, nude, partially nude, pornographic, hateful, violent, harmful, abusive, discriminatory, offensive, unlawful, infringing, invasive of privacy or publicity rights, harassing, humiliating to other people, threatening or otherwise objectionable.
You must not post Content that is fraudulent, misleading or deceptive.
You must not post Content that seeks to harm or exploit minors by exposing them to inappropriate content.
You must not post Content for which you do not have authorization to use or that infringes others’ Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights. You agree that you will respect the copyright, trademark and trade secret rights of others.
Regarding your conduct:
You are solely responsible for any activity that occurs through your account, for your conduct on the Site, and you agree not to sell, transfer, license or assign your account, username, or any account rights.
You must not threaten other Users with violence or otherwise abuse, harass, stalk, bully, impersonate or intimidate any person or entity.
You must not engage in any activity on or through The Fireside Journal Service that may create risk or harm, loss, physical or mental injury or illness, emotional distress, death, disability or disfigurement to yourself, to others, or to any animal, and you must not create a risk of any other loss or damage to any person or property.
You must not post or solicit confidential, private or personally identifying information, including, without limitation, login credentials of other The Fireside Journal Users, credit card information, social security or alternate national identity numbers, or non-public contact information.
You must not create or submit any form of commercial or harassing communications (“spam”), including, but not limited to, any unwanted or unauthorized e-mail, comments, advertising messages, promotional materials, junk mail, chain letters, malicious code or other form of solicitation. In addition, you must not use deceptive links or tags or otherwise mislead other Users about Content you have posted.
You must not use unauthorized means, including, but not limited to, automatic, systematic or programmatic means such as scripts, spiders, robots, crawlers, data mining tools or the like, to search or access The Fireside Journal Service, to create accounts on The Fireside Journal Service, or to scrape, download, upload, post, repost or otherwise use Content on The Fireside Journal Service.
You must not use The Fireside Journal Service for any illegal or unauthorized purpose or post Content that violates, or encourages any conduct that violates, laws or regulations.
You must not use The Fireside Journal Service to engage in phishing or fraud.
You must not change, modify, adapt, alter, mirror, or frame The Fireside Journal Service, or falsely imply that another website is associated with The Fireside Journal Service or The Fireside Journal by changing, modifying, or adapting that website, without our express written consent.
You must not impersonate or misrepresent others’ or your affiliation with any person or entity in a deceptive way.
You are solely responsible for your interactions with other Users of The Fireside Journal Service, whether online or offline. You agree that The Fireside Journal is not responsible or liable for the conduct of any User. However, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
Regarding automated use:
You agree that you will not access or search, or attempt to access or search, The Fireside Journal Service by any means other than our currently available, published interfaces, pursuant to our terms and conditions.
You agree that you will not access, tamper with, or use non-public areas of The Fireside Journal Service, The Fireside Journal computer systems, or the technical delivery systems of our providers.
You agree that you will not attempt to probe, scan, or test the vulnerability of any The Fireside Journal system or network or breach any security or authentication measures.
You agree that you will not bypass, avoid, remove, deactivate, impair, descramble or otherwise circumvent any measures we may use to prevent or restrict access to the The Fireside JournalService or to protect the The Fireside Journal Service or Content.
You agree that you will not disrupt or interfere with, or attempt to disrupt or interfere with, the access of any User, host or network, the proper working of the Site, or any activities conducted on the Site, including, but not limited to, by transmitting viruses, worms, spyware, malware, code of a destructive or disruptive nature, or by overloading, flooding, spamming or mail-bombing The Fireside Journal Service.
You agree that you will not take any action that imposes or may impose, in our sole discretion, an unreasonable large load on our infrastructure.
You agree that you will not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide The Fireside JournalService.
You agree that you will not alter or interfere with the way The Fireside Journal Site is rendered or displayed on a User’s device or browser, including, but not limited to, injecting content or code into any The Fireside Journal page.
e. Account termination and suspension
We may permanently or temporarily terminate or suspend your The Fireside Journal account, with or without prior notice or liability to you, for no reason or any reason, including if, in our sole determination, you violate the letter or spirit of this Agreement or our policies, or otherwise create risk or possible legal exposure for The Fireside Journal. Following termination or deletion of your account, we may retain your account information and Content for a commercially reasonable time for backup, archival and/or audit purposes.
f. Service changes and limitations
The form and functionality of tThe Fireside Journal Service may change frequently and without prior notice to you. We retain the right, in our sole discretion, at any time, without notice or liability, to limit your access or refuse access to parts or all of The Fireside Journal Service. We are not liable for any modification, suspension, or discontinuation of any or all of The Fireside Journal Service, including, but not limited to, the availability of any product, feature, database or Content.
Although it is our intention for The Fireside Journal Service to be available as much as possible, from time to time The Fireside Journal Service may be interrupted, including, without limitation, for maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
You are solely responsible for any Content that you post, transmit or distribute using The Fireside Journal Service. By posting Content you represent and warrant that you own all right, title and interest to that Content and any likenesses contained in that Content. You agree to not post anything to which you do not have the rights.
The Fireside Journal does not own or control any of the Content posted, transmitted or distributed by Users via The Fireside Journal Service, and does not guarantee the accuracy, integrity or quality of such Content, or endorse any opinions expressed via The Fireside Journal Service. We do not have any obligation to prescreen, monitor, edit or remove Content, and you understand and agree that by using The Fireside Journal Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Fireside Journal be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
a. Rights and ownership
We do not claim any permanent ownership of Content you submit, post or share on or through The Fireside Journal Service, and you retain all rights in and are solely responsible for such Content.
However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host, display, organize and propagate your Content, which lasts as long as you chose to host your work on The Fireside Journal Service.
In some instances, media must be reformatted for display and incorporation into The Fireside Journal Service. As such, this limited license granted to The Fireside Journal includes the right to reproduce, modify, publish, translate, distribute, perform and display your Content, in whole or in part, on or through The Fireside JournalService, and/or to incorporate it in any form, media, or technology now known or later developed. Such limited license also includes the right to incorporate your Content, in whole or in part, into a The Fireside Journal feature or promotional and marketing materials, provided that such Content is attributed properly to you, in accordance with the credits submitted to The Fireside Journal by you.
We will never assume ownership of your work, and this limited license is required for the nature of The Fireside Journal Service. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content. You acknowledge and agree that the display or inclusion of your Content shall be in the sole discretion of The Fireside Journal and your Content may or may not be included on our Site for any reason or no reason at all.
b. Removal and loss
We reserve the right, but are not obligated, to remove any Content, with or without reason or prior notice, including, but not limited to, Content that we believe, in our sole discretion, violates this Agreement or our policies. You agree that you will not rely on The Fireside Journal Service for the purposes of backup or storage and we encourage you to maintain your own backup of your Content. We will not be liable for the loss of any Content and you acknowledge that the submission of Content or other information may not be secure as the Internet may be subject to breaches of security.
Following removal or deletion of your Content from The Fireside Journal Service, we may retain such Content for a commercially reasonable time for backup, archival and/or audit purposes. You understand and agree that references to, caching of, or copies of such Content may not be immediately removed.
We value hearing feedback from our users, and are always striving to improve The Fireside Journal Service. If you choose to send us content, information, ideas, suggestions, feedback or other materials, you agree that we are free to use such content without any liability or compensation to you and for any purposes whatsoever, including, without limitation, developing and marketing products and services. You further agree that by accepting your submission we do not waive any rights to use similar or related feedback known to us, obtained from sources other than you, or developed by our employees.
3. Copyright Policy
At The Fireside Journal, LLC (“The Fireside Journal”) we respect the intellectual property rights of others and expect you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) of 1998, we will respond expeditiously to claims of intellectual property infringement by Content that resides on or is accessible on/through the The Fireside Journal site.
Upon receipt of a complete and vetted DMCA notice, as described below, we will take down the copyrighted material in a timely manner and will immediately send a notification to the The Fireside Journal User who posted the allegedly infringing material. It is also our policy, in the appropriate circumstances and at our sole discretion, to suspend and/or terminate your account if you repeatedly infringe the intellectual property rights of others.
A complete notice must contain the following information:
1. The contact details for the notifying party, including full name, address, phone number and, if available, email address.
2. A description of the copyrighted work or material being infringed.
3. Clear identification of the material that is claimed to be infringing, with reasonably sufficient detail to enable us to locate it on our site and verify its existence.
4. A declaration that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or law.
5. A statement that the information provided in the notice is accurate, and that, under penalty of perjury, you are the owner or are authorized to act on behalf of the owner, of an exclusive copyright that is allegedly infringed.
6. The physical or electronic signature of the owner, or of a person authorized to act on behalf of the owner, of the copyright that has allegedly been infringed.
Deliver completed notices to Copyright Agent, c/o The Fireside Journal, LLC., N92W17358 Appleton Ave. #101 Menomonee Falls, WI 53051 or send via email to email@example.com.
We take your security very seriously and work to protect your Content and your account, however, we cannot guarantee that unauthorized third parties may not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized access to your The Fireside Journal account.
6. Third party links, websites and services
The Fireside Journal Service, or e-mail communications we send you, may contain links to third party websites or services that are not owned, controlled or endorsed by The Fireside Journal. There may also be links to third party websites or services in Content that other Users have provided to The Fireside Journal Service. We do not endorse or assume any responsibility for any such third party websites or services, or for any content, advertising, products or other materials on or available from these websites or services. You access any third party website or service from The Fireside Journal at your own risk, and you acknowledge and agree that The Fireside Journal will have no liability arising from your use of or access to any third party website or service.
We reserve the right to modify, suspend or terminate The Fireside Journal Service or your access to The Fireside Journal Service, with or without reason, with or without prior notice or liability to you, at any time, effective immediately. If you wish to terminate this Agreement, you can simply discontinue using the Site. Once your access or ability to use The Fireside Journal Service has been terminated, your right to use or access that service and any Content, plus all licenses and other rights granted to you in this Agreement, will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties
THE FIRESIDE JOURNAL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE FIRESIDE JOURNAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
The Fireside Journal does not represent or warrant that use of The Fireside Journal Service will (a) be secure and free from errors and that defects will be corrected, (b) be continuous or uninterrupted, (c) meet your requirements or expectations, or (d) be free from any harmful components, including, without limitation, viruses. The Fireside Journal makes no warranty and disclaims all responsibility and liability for the deletion of, or the failure to store or to transmit, any Content and or other information on The Fireside Journal Service. The Fireside Journal does not warrant that your use of The Fireside Journal Service is lawful in any particular jurisdiction, and specifically disclaims such warranties. Your access to and use of The Fireside Journal Service or any Content is at your own risk. No advice or information, whether oral or written, obtained from The Fireside Journal or through The Fireside Journal Service, will create any warranty not expressly made herein.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIRESIDE JOURNAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE FIRESIDE JOURNAL SERVICE, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER ON THE FIRESIDE JOURNAL SERVICE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT, OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT, SHALL THE FIRESIDE JOURNAL’S AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS (US$100.00) FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES.
10. General Representation and Warranty
You agree to indemnify and hold harmless, The Fireside Journal, its directors, officers, employees and agents from and against any and all claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected with (a) your access to or use of The Fireside Journal Service, (b) your Content, or (c) your violation of any of the terms and conditions in this Agreement.
For any dispute you have with The Fireside Journal, you agree to attempt to resolve the dispute with us informally and to contact us before resorting to litigation. If we are unable to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy arising under this Agreement by binding arbitration by the American Arbitration Association (“AAA”), except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration will be settled in accordance with the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as modified herein, and unless both you and we agree otherwise the arbitration will be conducted in the country, city or municipality where you reside.
You may bring claims only on your own behalf. You acknowledge and agree that you and we each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding against each other. Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
13. Governing law and jurisdiction
This Agreement and any access to or use of The Fireside Journal Service are governed in all respects by the laws of the State of Wisconsin, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to this Agreement.
You agree to resolve any dispute you have with The Fireside Journal exclusively in a state or federal court located in Milwaukee County, Wisconsin and we each agree to submit to the personal jurisdiction of the courts located in Milwaukee County for the resolution of any such dispute. You and we both waive any objection to jurisdiction and venue in those courts.
The Fireside Journal Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject The Fireside Journal to any registration requirement within such jurisdiction or country.
14. General Terms
a. Modifications to the Agreement
The Fireside Journal reserves the right, in our sole discretion, to modify or replace any part of this Agreement from time to time. The latest version will always be posted on our Site. It is your responsibility to check this Agreement periodically for changes, however, if a revision is, in our sole discretion, deemed material we will notify you of any changes. We reserve the right to determine the form and means of providing such notifications to you, and you agree to receive legal notices electronically if we choose. All changes to this Agreement are effective as soon as they are posted, and by continuing to use or access The Fireside Journal Service after revisions to this Agreement become effective, you agree to be bound by the revised Agreement.
b. Entire agreement
Any attempt to assign or transfer this Agreement, or any rights hereunder, in whole or in part, whether voluntarily or by operation of the law, without the prior written consent of The Fireside Journal will be null and void, but The Fireside Journal may assign this Agreement or any rights hereunder without your consent. If provision of this Agreement is deemed invalid or otherwise unenforceable, then that provision will be limited or eliminated to minimum extent necessary and construed to reflect the parties’ original intent. The remaining provisions of this Agreement will remain in full force and effect.
d. No waiver
No waiver of any term or condition of this Agreement or any breach thereof, in any one instance, will be deemed a further or continuing waiver of such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions and The Fireside Journal may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Now with all that out of the way, we wish you a warm welcome to The Fireside Journal community. To help grow our community of lovely people, be sure to invite your friends and share The Fireside Journal with your network. It’s people like you that make this whole thing work.