Terms of Use
Fire Tiger Productions has created this web site to provide an
online directory for performers, musicians, agents, consumers,
talent promoters and entertainment buyers of all types.
Fire Tiger Productions is a company created, owned and controlled
by Fire Tiger Productions, LLC. To assist you in using our www.firetigerproductions.com
web site (the "Web Site" or the "Site"), and
to ensure a clear understanding of the relationship arising from
your use of our Site, we have created a Terms and Conditions of
Use. Our Terms and Conditions of Use govern your use of our Site
generally. Please read our Privacy Policy and our Terms and Conditions
of Use carefully. By using or accessing our Site, you are acknowledging
that you have read and understood these terms and agree to be legally
bound by them.
This website is controlled by Firetigerproductions.com in the State
of North Carolina. These terms and conditions will be governed
by, and construed and enforced in accordance with, the laws of
the State of North Carolina. If any term or condition hereof is
finally determined invalid, illegal or unenforceable by a court
of competent jurisdiction, such other terms or conditions will
remain in full force and effect. Fire Tiger Productions.com, www.firetigerproductions.com
and Fire Tiger Productions are terms used interchangeably throughout
this website. Fire Tiger Productions reserves the right to change
these terms and conditions from time to time in its sole discretion.
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. YOU ARE RESPONSIBLE FOR THESE TERMS IF YOU CHOOSE TO USE FIRE TIGER
PRODUCTIONS IN ANY WAY. These Terms and Conditions of Use ("Terms
and Conditions") constitute the contractual agreement between you and
Fire Tiger Productions regarding your use of our Site and any activities or
transactions you may conduct through the Site. In these Terms and Conditions,
the words "you" and "your" refer to any person accessing
the Site, and the words "we," "us," and "our" refer
to Fire Tiger Productions. By using our Site, you agree to these Terms and
Conditions. If after reading through these Terms and Conditions you still have
questions, please feel free to contact us by clicking here.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any
content on or feature of the Site; or
- Change any fees or charges for using the Site.
- Change, add or delete any Promokit information or imagery at
our sole discretion, without notice, including uploading a main
thumbnail photo where none exists.
Any changes we make will be effective immediately upon notice,
which we may provide by means including, without limitation, posting
on the Site or email. Your use of the Site after such notice will
be deemed acceptance of the changes. Be sure to review this Agreement
periodically to ensure familiarity with the most current version.
Upon our request, you agree to sign either an online or a non-electronic
version of this Agreement.
Disclaimer
The Contents
of our Site, and the Site as a whole, is intended strictly for
the purpose of providing information about bands, musicians other
materials relating to the music industry to the users of our
Site (collectively, "Permitted Uses").
While we do believe that our members will achieve exposure from
a listing on the Site, Firetigerproductions.com does not guarantee
in any way that the use of Firetigerproductions.com will produce
paying clients for members of Fire Tiger Productions. Firetigerproductions.com
is an online talent directory and does not promise that it will
further the careers of our members, help them financially or
otherwise produce income.
Online Conduct
As a visitor to this Site and/or as a Member, you agree that:
- You are
solely responsible for the content or information you publish
or display
on the Service. Firetigerproductions.com
reserves the right to terminate membership without
refund and/or
pursue legal action against any user on this website who does
not comply with these rules.
- You will not post on the Service
any defamatory, inaccurate, abusive, obscene, profane, offensive
sexually oriented, threatening, harassing, racially offensive,
or illegal material, or any material that infringes or violates
another party's rights (including, but not limited to, intellectual
property rights, and rights of privacy and publicity). Please
notify us by writing to Fire Tiger Productions, P.O. Box 249,
Belews Creek, NC 27009 or by sending an email to info@firetigerproductions.com
of any material contained in the Service that you believe infringes
these rules.
- You will use the Service in a manner consistent with any and
all applicable laws and regulations.
- You will not include in your profile any offensive anatomical
or sexual references, or offensive sexually suggestive or connotative
language, or any confidential information of any third person,
and you will not post any photographs or other images containing
nudity or such personal information. Firetigerproductions.com
reserves the right, but has no obligation, to reject any profile
or photograph or image that does not comply with these prohibitions.
- You will maintain current contact information on your profile,
including at least one main thumbnail image. We reserve the right
to add an image we feel appropriate until you delete that image
and upload your own.
- You will not falsify your identity to put any person or entity
at risk.
- You will
not "stalk" or
otherwise harass any person.
- You will not engage in advertising to, or solicitation of,
other Members to buy or sell any products or services through
the Service. You will not transmit any chain letters, spam or
junk email to other Members.
- You will not express or imply that any statements you make
are endorsed by us, without our specific prior written consent.
- You will
not 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.
- You will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without
obtaining the prior consent of the owner of such proprietary
rights.
- You will not remove any copyright, trademark or other proprietary
rights notices contained in the Site.
- You will not interfere with or disrupt the Services or the
Site or the servers or networks connected to the Services or
the Site.
- You will not post html code except where instructed in any
area of your profile on this Site.
- You will not post, e-mail or otherwise transmit any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment.
Please notify us by writing or sending an e-mail to info@firetigerproductions.com
of any material contained in the Service that you believe infringes
these rules.
- You will not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any information transmitted
through the Service.
- You will
not "frame" or "mirror" any
part of the Site, without our prior written authorization.
You also shall not use metatags or code or other devices containing
any reference to www.firetigerproductions.com or the Service
or the Site in order to direct any person to any other website
for any purpose.
- You will not modify, adapt, sub-license, translate, sell, reverse
engineer, decipher, de-compile or otherwise disassemble any portion
of the Site or any software used on or for the Site or cause
others to do so.
- You are solely responsible for your interactions with other
Members. Firetigerproductions.com reserves the right, but has
no obligation, to monitor disputes between you and other Members.
Failure
to comply with these provisions outlined under "Online
Conduct" may result in immediate suspension or termination
of your right to use the Site without refunding your membership
fees.
Registration for Users
While you
can visit our Site, and review a range of information about entertainers
and groups of entertainers, as well as other materials relating
to the entertainment industry, without registering, to post information
on our Site, and to obtain access to certain other materials
or information from our Site, we may ask that you become a registered
user to access certain information. Our registration forms will
specify the information which you must provide in order to enjoy
the particular feature, and the information which you may, at
your option, choose to provide or withhold. In connection with
registering at our Site, you agree to provide us with accurate,
complete, and updated information required by the registration
form ("Registration Data"),
including, without limitation, your legal name, address, telephone
number(s), applicable payment data (e.g., credit card number
and expiration date) and such other information that may be required
by such forms.
Information provided to us by you in connection with registering
at our Site will be protected by us in accordance with the terms
of our Privacy Policy.
Fire Tiger Productions reserves the right to terminate "Talent
Buyer" accounts we feel may be putting our Paid Members at
risk and or who do not provide a valid email address and phone
number, as outlined during the talent buyer registration process.
Site Content Ownership
Unless otherwise
noted, all text, images, illustrations, colors associated with
our brand, designs, icons, photographs, video clips, sound clips,
and other materials that are part of this Site (collectively,
the "Contents"), are copyrighted works, trademarks, trade
dress, or other intellectual properties owned, controlled, or licensed
by Fire Tiger Productions (or used in accordance with "fair
use" principles). The Site as a whole is protected by copyright
and trade dress, all worldwide right, title and interest in and
to which is owned by Fire Tiger Productions.
Trade names and trademarks present on the Site either are owned
by Fire Tiger Productions, appear with the permission of their
respective owners, or appear under principles of "fair use." Unless
otherwise noted, by using a third party's trademark or trade name
on this Site, Fire Tiger Productions does not intend to suggest
any affiliation with or endorsement of such third party or its
products or services, and Fire Tiger Productions hereby expressly
disclaims any such affiliation or endorsement.
You may not reproduce, modify, publish, distribute, sell, or exploit
in any way, in whole or in part, any of the Contents or the Site.
Use of the Content or any related software which is not expressly
permitted by these Terms and Conditions constitutes a breach of
these Terms and Conditions, and may also constitute a violation
of copyright, trademark, and other law.
Submissions
With respect
to any photographs, video clips or sound clips you may provide
to Fire Tiger Productions for posting on your Talent Profile
(collectively, "Submissions"),
such Submissions shall remain your property. You hereby unconditionally
grant to Fire Tiger Productions a non-exclusive, irrevocable
fully paid and royalty-free license to use, reproduce, publicly
perform and publicly display, the Submissions SOLELY IN CONNECTION
WITH THE SITE.
Fire Tiger Productions does not endorse, sanction or verify, and
specifically disclaims responsibility or liability for, any user
profiles. Fire Tiger Productions has no obligation to respond to
any profile submissions, and we reserve the right, but undertake
no duty, to review, edit, move, or delete, in our sole discretion
and without notice, any material posted by users that we may include
on the Site. You represent, warrant and agree (i) that you are
authorized to submit the content you provide to us; and (ii) that
all content submitted by you to the Site does not and will not
violate any rights of any third party, including, without limitation,
copyright, trademark, privacy or other personal or proprietary
right(s). You agree to keep a copy of any content you provide,
as Fire Tiger Productions shall have no obligation to return any
content to you should it become damaged or lost.
Fire Tiger Productions reserves the right to edit any user profiles
at our sole discretion. As a Member, you must maintain current
contact information on your profile, including at least one main
thumbnail image. We reserve the right to add an image we feel appropriate
until you delete that image and upload your own. We reserve the
right to delete any account we have given as complimentary in the
past that does not adhere to our policies including, but not limited
to, uploaded images and current information regarding your act.
Without limiting any of the foregoing, you agree that Fire Tiger
Productions may use or disclose information about your act and
your use of the Site in accordance with our Privacy Policy. With
respect to any information relating to other users of the Site
to which you may be permitted access through the Site, you agree
that you may use such information only in connection with activities
related to the purpose of the Site, which activities, without limitation,
shall not include (i) the sending of unsolicited communications
of a commercial nature; (ii) the sending of any other communications
after receiving notification that the recipient no longer wishes
to receive communications from you; or (iii) the sale or rental
of such personal information to any other parties.
Complaints Over Perceived Infringement
Fire Tiger Productions respects intellectual property rights,
and will terminate registered users and deny access to others who,
in our discretion, infringe the intellectual property rights of
others. In addition, Fire Tiger Productions may use commercially
reasonable efforts to accommodate generally accepted technical
measures used by copyright owners to identify and protect their
copyrighted works, as long as these technical measures do not impose
costs on us, or impose a substantial burden on our hardware, software,
or administrative systems.
If you believe that materials posted on our Site infringe rights
you enjoy under copyright law in specific materials (collectively,
a "Work"), we request that you follow the procedure described
below to notify us of your concerns or objections. In turn, we
agree to respond to your notice, as outlined below, and remove,
or disable access to material that you believe infringes your Work.
Fire Tiger Productions Designated Agent
If you believe
materials posted on our Site infringe the copyright in your Work,
you must direct your concerns to our agent, designated under
the Digital Millennium Copyright Act (17 U.S.C. §512)
to respond to such concerns:
Fire Tiger Productions
P.O. Box 249
Belews Creek, NC 27009
phone: 336 595-6257
e-mail: info@firetigerproductions.com
Links To Other Web Sites And Services
Fire Tiger Productions does not control the availability or content
of any outside web sites, services, or resources to which this
Site may link. Concerns regarding any such service, resource, or
link should be directed to the particular outside service or resource.
Fire Tiger Productions does not necessarily endorse, sanction,
or verify sites to which our Site links, and we provide these links
merely for our users' convenience. Access to other sites linked
to this Web Site is at your own risk, and we disclaim all liability
with regard to your access to such linked web sites. In addition,
we do not necessarily endorse, sanction, or verify sites that link
to this Site, even if any logo or mark of Fire Tiger Productions'
is used as part of the link to this Site.
All sales transacted through the Fire Tiger Productions.com website
are final after 30 days after joining, unless your membership became
active during a promotional guarantee extension period. Outside
of these timeframes,in the event that Fire Tiger Productions decides
that a refund may be available to you in their sole discretion,
the form of such refund is also within the sole discretion of Fire
Tiger Productions.
Disclaimer of Warranties
NEITHER FIRE TIGER PRODUCTIONS,
NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR
ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE.
While we use reasonable efforts to include and to pass on to others
associated with this Site accurate and up-to-date information,
we make no warranties or representations as to such information.
FIRE TIGER PRODUCTIONS SHALL HAVE NO LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE
SITE OR INFORMATION FLOWING THROUGH THE SITE.
Further, we specifically make no representation or warranty and
assume no liability or responsibility with respect to you or to
any other users of the Site, including but not limited to (i) the
offering or availability of any postings made by you or any other
users of the Site, including but not limited to whether any events
will occur or whether musicians contacted through the Site will
show at any such events; (ii) the ability of you or any other user
of the Site to engage in transactions with any other user of the
Site; (iii) any details relating to any transactions you may engage
in with any other use of the Site; (iv) the quality of the listings
or other information offered by you or any user of the Site; (v)
the financial condition of you or any user of the Site; or (vi)
compliance with local, state and federal laws by you or any other
user of the Site.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. YOU SHOULD CONDUCT
YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE BEFORE
ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL
WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT
MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE.
You acknowledge that documents posted to and Content available
at the Site may contain computer viruses. Should you download any
such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM
ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY,
COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY
ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS
OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusion may not apply
to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
Choice of Law and Jurisdiction
Fire Tiger Productions makes no representation that the information
in the Site is appropriate or available for use in locations outside
the United States, and access to this Web Site from locations where
the provision of such information may be illegal is prohibited.
Users who determine to access this Web Site from such locations
do so on their own initiative and are responsible for compliance
with all applicable local laws.
Site and Service Modifications
We may make improvements or other changes to the Site, or to the
information and services offered at the Site, without notice to
you. We may add, delete, move, or modify some or all of the Site
at any time. We may make such changes for any reason, including,
without limitation, changes to due to the circumstance (a) that
an agreement with a third party cannot be maintained on terms reasonably
acceptable to us; or (b) that the Site or its components become
illegal or contrary to law or relevant regulation.
In addition, we may from time to time change these Terms and Conditions
governing your use of our Site. We will post these changes here,
in our Terms and Conditions. Your use of our Site following any
such change constitutes your agreement to follow and be bound by
the Terms and Conditions, as changed.
Transfer of Rights and Assignment
Fire Tiger Productions may wish at some point to assign or transfer
its rights in this Web Site to a third party. You agree that Fire
Tiger Productions may transfer or assign to a third party all of
its rights and obligations with respect to you, including any rights
and obligations with respect to your Personally Identifiable Information,
on the condition that such third party agree to abide by Fire Tiger
Productions' then-applicable Privacy Policy.
Indemnities
You agree to indemnify Fire Tiger Productions, and its officers,
directors, employees, agents, licensors, subcontracotrs and suppliers
against any loss, damage, costs or expenses arising out of or in
connection with your use of the Site and any claim by a third party
against us as a result of any breach by you of these Terms and
Conditions, including any misuse of the Content.
Your Consent
By using our Web Site, you agree to comply with, and be bound
by these Terms and Conditions. If you do not agree with some, or
all of these Terms and Conditions, please refrain from visiting
our Site. |