Terms And Conditions

THIS WEBSITE www.firestixapp.com IS OPERATED BY FIRESTIX. THROUGHTOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO FIRESTIX. FIRESTIX OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILALE FROM THIS SITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE.

BY ACCESSING FIRESTIX WEB SITE AND OR APP YOU AGREE TO BE BOUND BY THESE TERMS

By visiting our site and/ or subscribing Packages from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or packages which are added to the current Package shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

All the Terms should apply to all the websites, web pages, digital platforms, interactive features, applications, widgets, blogs, social networks, etc., alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means.

You "use" Each Site or APP every time you access our Packages via computer, mobile device or other devices, etc., view, link to or from, or otherwise interact or communicate with or connect to, the Each Site or App or any parts thereof or interact or communicate with other users through the Each Site or App including, without limitation, on message boards, chat rooms and/or other communities established on Site or App.

Your use of the Each Site or App or any part thereof, signifies your agreement to be bound by these Terms and the FIRESTIX privacy policy (the "Privacy Policy"), which is hereby incorporated by this reference into these Terms.

Considering that it is the nature of the internet that, even though the Each Site or App is/ are ordinarily but not always targeted to Indian residents, it may be accessed in other parts of the world. If you are not an Indian resident and yet use the Each Site or App, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility and not ours to make sure that your use of the Each Site or App complies with all applicable local laws in the jurisdiction from where you access or use the Each Site or App.

IF YOU ARE ACCESSING EACH SITE OR APP, SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE OR APP, YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON FIRESTIX'S OR ITS DESIGNATED VENDORS’ SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY RESPECTIVE LAWS THAT MAY PROVIDE A LOWER OR DIFFERENT, LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.

AGE OF MAJORITY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

MINORS

You must be 18 years of age or older to subscribe to our packages. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.

OWNNERSHIP & RESTRICTIONS OF USE

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your contents - not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on Each Site or App, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Each Site or App or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of FIRESTIX and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.

You further agree not use our packages for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

The content of the Each Site or App and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by FIRESTIX and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Each Site or App content/ Services and/or any portion thereof.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our packages are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

REGISTRATION

To register for the FIRESTIX Each Site or App Service you shall be required to do the following: Open an account by completing the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form; also will choose a password and a user name.

You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences, i.e., above the age of majority, is not accessed by children. Hence, you may not share your log in credentials with your children.

You expressly agree to absolve FIRESTIX and/or the FIRESTIX Each Site or App/Service of any responsibility / liability in this regard.

SUBSCRIPTION

To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the FIRESTIX Each Site or App/Service viz., the plans available on the Each Site or App to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of FIRESTIX.

You may be required to subscribe to the FIRESTIX Each Site or App such subscription in a particular geographical territory that shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by FIRESTIX. You will be required to re-subscribe to the FIRESTIX Each Site or App in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to the FIRESTIX Each Site or App.

ACCESS TO USE

To access the FIRESTIX Each Site or App, you will be asked to enter your individual user name and password, as chosen by you during your registration.

If FIRESTIX reasonably believes that an account and password is being used / misused in any manner, FIRESTIX reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify FIRESTIX immediately of any unauthorized use of your account or any other breach of security. FIRESTIX will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by FIRESTIX or another party due to someone else using your account or password.

AVAILABILITY & QUALITY

The availability of content(s) to view through FIRESTIX Each Site or App will change from time to time at the sole discretion of FIRESTIX. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.

Geographic Limitation: You may watch a video through the FIRESTIX Each Site or App only in geographic locations where FIRESTIX offers the FIRESTIX Each Site or App. The content that may be available to view will vary by geographic location. FIRESTIX may use technologies to verify your geographic location.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse to subscribe our packages. We may, in our sole discretion, limit or cancel subscription per person, per household. These restrictions may include subscriptions by the same customer account, the same credit card, and/or subscriptions that use the same address. In the event that we make a change to or cancel the subscription, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time of subscription. We reserve the right to limit or prohibit subscriptions that, in our sole judgment, appear to be subscribed by malicious intentions.

You agree to provide current, complete and accurate account information for all subscriptions. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

We may not provide you with access to third-party tools over which we monitor nor have any controls or input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the subscriptions or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Each Site or App or any parts thereof.

You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure including, without limitation geo-filtering and/or encryption, etc., associated with Site content.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain defamatory otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the subscription is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscription if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have subscribed the packages.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

 (a)   for any unlawful purpose;
 (b)   to solicit others to perform or participate in any unlawful acts;
 (c)   to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
 (d)   to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
 (e)   to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
 (f)   to submit false or misleading information;
 (g)   to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
 (h)   to collect or track the personal information of others;
 (i)   to spam, phish, harm, pretext, spider, crawl, or scrape;
 (j)   for any obscene or immoral purpose; or
 (k)   to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Packages offered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.

In no case shall FIRESTIX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any packages procured using the service, or for any other claim related in any way to your use of the service or any package, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless FIRESTIX and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect validity and enforceability of any other remaining provisions.

TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Lucknow, Uttar Pradesh.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

COPYRIGHT INFRINGEMENT NOTIFICATION

FIRESTIX respects the intellectual property rights of others. Upon proper notice, FIRESTIX will remove User Submissions (and any other Each Site or App content) that violates copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, FIRESTIX shall remove upon receiving written notification of claimed copyright infringement on the Each Site or App and for processing such claims in accordance with such law.

If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an "Infringement Notification") that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit FIRESTIX to locate the material on Each Site or App; (iii) information reasonably sufficient to permit FIRESTIX to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical signature.

By submitting an Infringement Notification, you acknowledge and agree that FIRESTIX may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.

Infringement Notification is to be sent to
FIRESTIX – Jaypeeco Infotainment
103, Janki Center, Jeevan Nagar, Off Veera Desai Road, Andheri, West, Mumbai – 400 053
101, Rohit Paradise, 13, A.P. Sen Road, Charbaugh, Lucknow, Uttar Pradesh – 226004

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]
Postal Address:
FIRESTIX - Jaypeeco Infotainment
103, Janki Center, Jeevan Nagar, Off Veera Desai Road, Andheri, West, Mumbai – 400 053
101, Rohit Paradise, 13, A.P. Sen Road, Charbaugh, Lucknow, Uttar Pradesh – 226004

Last updated: 18th April 2018