Last updated: July 18th, 2015
- You agree to the full Terms by using our Site. Please leave our Site if you do not agree to the Terms.
- You cannot sue us if you used our information for another purpose or found it to be erroneous.
- The Site is “As Is”. We do our best to keep it secure and functional. However, you are responsible for your own computer’s security. Additionally there is no guarantee of our Site’s availability nor its products & services.
- FissionBlue Creative may duplicate, publish, market, etc. any public info, such as posts, comments, and replies.
- We don’t share or sell your personal info to other parties. However, we will cooperate with pending investigations regarding your account.
- Payment information is not stored or processed by the Site. All payment information is stored and/or processed via our payment gateways (i.e PayPal, Stripe, etc.)
- Updates to our Terms will be announced at the top of this page. Check it regularly.
1. You Accept These Terms
If you do not agree with any of these Terms, including the Online Privacy Notice in Section 5, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
2. Updates to Terms
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity
This is a general audience Site intended for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). The sufficient age for contracting varies by jurisdiction.
4. The Information You Give Us Must be Correct
It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at FissionBlue Creative believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
5. Online Privacy Notice
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices. Click here to show this notice, which forms part of these Terms.
6. Disclaimer of Warranties
Your use of this site is at your own risk. The site and all the materials, information, software, facilities, services and other content in the site are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Site, FissionBlue Creative and any subsidiaries or affiliated companies of FissionBlue Creative (“FissionBlue Group”) disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. The FissionBlue Group does not warrant that the functions contained in this Site will be available, uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful components. The FissionBlue Group does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content on the Site or any web sites linked to the site in terms of their correctness, accuracy, reliability, or otherwise. The FissionBlue Group makes no warranties that your use of the materials, information, software, facilities, service or other content in the Site or any web site will not infringe the rights of others and the FissionBlue Group assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of the Site or any other web site. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
7. Limitation of Liability
The FissionBlue Group disclaims all liability whether based in contract, tort (including negligence), strict liability or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the Site or any other web site, or the material, information, software, facilities, services or other content on the Site or any other web site, regardless of the basis upon which liability is claimed and even if any member of the FissionBlue Group has been advised of the possibility of such loss or damage. Without limitation, you (and not any member of the FissionBlue Group) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
8. Trademarks and Copyrights
This Site and materials incorporated by FissionBlue Creative on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by FissionBlue Creative on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by FissionBlue Creative or others (“Trademarks”). FissionBlue Creative respects the intellectual property rights of others and asks users of this Site to do the same.
9. Your Use of Material
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by FissionBlue Creative. Any authorization to copy Material granted by FissionBlue Creative in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
10. Invited Submissions
From time to time, areas on this Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. In any event, any material you send to us will not be treated as confidential. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
11. Our Use of Content
FissionBlue Creative will consider anything you provide to FissionBlue Creative and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Invited Submissions above), in which event those Additional Terms may determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
12. Uploads and User Content
Subject to Section 13 below, your account information, contents of your consultation or quote, testimonials, minecraft-related information, reviews, responses, profile entries, posts, questions, or any other information you provide on or through the Site or that we may create for you may not be able to be deleted once uploaded.
For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop products, personalize site views, market products or identify or feature popular members. By posting or uploading any public content to this Site, including posts, responses, and/or providing any communication or material to FissionBlue Creative (“User Content”), you automatically and irrevocably:
(a) Retain ownership of your User Content, and grant and assign to FissionBlue Creative to which your User Content is provided a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by FissionBlue Creative and/or by any person authorized by FissionBlue Creative, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(b) Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(c) Appoint FissionBlue Creative as your agent with full power to enter into any document and/or do any act FissionBlue Creative may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(d) Warrant that you are the owner of the User Content and entitled to enter into these Terms;
(e) Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that FissionBlue Creative shall not be liable for any use or disclosure of such User Content.
13. Deletion or Deactivation of User Content/Account
You may request that we delete User Content you provided through our Contact Us form with the same email address you provided when signing up. When your request to delete your User Content has been processed, it will no longer be visible to users from the Site, but if your User Content was previously accessed, published, or shared elsewhere on the web, we are unable to delete the information from their systems. When you deactivate your account or ask that we delete your User Content on the Site we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties on the Site but which might be used for record keeping and internal purposes.
14. Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright rights, we at FissionBlue Creative want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
(a) Your name, address, telephone number, and e-mail address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) The exact URL or a description of each place where alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Justin A. Ponce
15. Product Specifications; Pricing; Typographical Errors
We do our best to describe every product or service offered on the Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services are complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, FissionBlue Creative shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
16. Responsible Use of Site
FissionBlue Creative may be used by individuals for permitted personal and professional purposes as outlined in these Terms. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law. You are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not FissionBlue Creative, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.
17. Content Limitations
We at FissionBlue Creative require that you do not post information, send e-mails, or submit to or publish through forums available on the Site, or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
(b) Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
(c) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e) Violates any law or may be considered to violate any law;
(f) You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) Advocates or promotes illegal activity;
(h) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) Solicits funds, advertisers or sponsors;
(j) Includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(k) Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(l) Copies any other pages or images on this Site except with appropriate authority;
(m) Includes digital audio format files (i.e. MP3, WAV, etc.);
(n) Amounts to a ‘pyramid’ or similar scheme;
(o) Amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(p) Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(q) Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by FissionBlue Creative anywhere on this Site (e.g., on any web space made available for your use).
If you have a dispute with one or more users (including merchants), you release the FissionBlue Group (defined in Section 6 above) from claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold harmless FissionBlue Creative and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto FissionBlue Creative’s servers, and/or from any and all use of your account.
20. System Abuse
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). FissionBlue Creative shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that FissionBlue Creative considers insecure, we will be entitled to require this to be changed and/or terminate your account.
22. Violation of Security Systems
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FissionBlue Creative reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
FissionBlue Creative reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. FissionBlue Creative may seek to gather information from the user who is suspected of violating these Terms, and from any other user. FissionBlue Creative may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If FissionBlue Creative believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. FissionBlue Creative will fully cooperate with any law enforcement authorities or court order requesting or directing FissionBlue Creative to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms.
By accepting this agreement you waive and hold harmless all members of the FissionBlue Group from any claims resulting from any action taken by any member of the FissionBlue Group during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either a member of the FissionBlue Group or law enforcement authorities.
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
25. Reservation of Rights
FissionBlue Creative reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
26. Local Regulations
FissionBlue Creative makes no representation that Materials or other content on the Site are appropriate or available for use outside of the United States and its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
27. Third-Party Sites
This Site may link you to other sites on the Internet. These sites may contain information about a wide range of topics or material that some people may find inappropriate or offensive. These other sites are not under the control of FissionBlue Creative, and you acknowledge that (whether or not such sites are affiliated in any way with FissionBlue Creative), FissionBlue Creative is not responsible for the accuracy of product & service information, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by FissionBlue Creative or any association with its operators. FissionBlue Creative does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.
28. Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
29. Jurisdictional Issues
The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
30. Choice of Law
To the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.
31. Payments and Subscriptions
If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree that FissionBlue Creative’s payment processors may store your payment information. You also agree to pay the applicable fees for products/services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. FissionBlue Creative offers certain products which are not included in the cost of FissionBlue Creative Subscription Services. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. Your transaction may be also subject to foreign currency exchange fees assessed by your bank or card issuer. FissionBlue Creative is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. FissionBlue Creative and its payment processors do not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your service by logging into your account and changing your payment settings. FissionBlue Creative does not guarantee refunds. You acknowledge that any products or services that you purchase are subject to these Terms and any additional terms related to the provision of any product or service.
32. Customer Accounts
33. Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
34. How To Contact Us
This Site is controlled and operated by FissionBlue Creative. Please forward any urgent comments, complaints, or other matters relating to the Site to [email protected]
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and FissionBlue Creative relating to the matters contained here and the Site.