Terms and Conditions
Terms and Conditions of UsageThis Terms and Conditions of Usage agreement ("Agreement") provides viewers with the policies and restrictions that govern access and use of our website and our Content. We will use the term "viewers" and/or "you" to include any person who accesses our website at any time.
1. Terms of this agreement
2. Our Agreement for Changes or Updates
3. Ownership of this website
4. Termination and Violations Agreement
5. Participation with our web site and its offerings
6. Restrictions of the Use of Content on our website
7. Prohibitions and or Framing or Posting on our website
8. Electronic Communications through our website
9. Disclaimer of Warranties
10. Limitation and Liability
11. Leaving Our Website
12. Indemnification
13. Affiliates and our Partners
14. Links to Third Party Websites
15. Our Advice and our Opinions
16. Copyright Infringement information and documentation
17. Law and Forum
18. Agreement in Perpetuity
19. Viewers Complete Understanding
1. Terms of this Agreement
This is a Binding Legal Agreement between you the viewer and Tule Fog Productions, LLC (referred to herin as "TFP", "we", "us", "our", or "the company") relating to your access and/or user of this website. Read this Agreement in its Entirty before you continue to use this website. You must follow the Terms of thie Agreement, which includes any restrictions or guidelines posted on our website.
Your access or use of this website constitutes your agreement to be bound to the terms of this Agreement, including any changes that may exist when you re-access our website. If you do not agree with the terms of this Agreement and our posted restrictions or guidelines, do not use our site. Discontinuing use of our site shall not modify any terms that apply to prior uses on the site. Personal information that we collect over this website will be governed by our Website Privacy Policy, which is incorporated in this Agreement by reference.
2. Our Agreement for Changes and Updates
We reserve the right to make changes and update any information or Content contained on this website and/or the terms of this Agreement without prior notice. Any changes in our terms of usage will be incorporated into a revised Agreement that we will post on this website. All viewers have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted.
3. Owner of this Website
This website is owned and operated by Tule Fog Productions LLC. TFP, entities under common ownership or control with TFP (Affiliates") or parties that have granted us specific usage authorizations ("Licensors") own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, code and software (collectively "Content") displayed or posted on our website. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.
4. Termination and Violations Agreement
Any conduct that in any way violates this Agreement or any posted restrictions or guidelines may result, in our sole discretion, in the termination of visitor site participation and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect our website, the Content, TFP, its parents, Affiliates, Licensors and/or viewers; to comply with applicable laws; or to prevent unauthorized access or use of this website or Content. We retain the right to deny access to our website, in our sole discretion, to any viewer for any reason, including for any violation of the Terms of Use.
5. Participation with our Website and its Offerings
You must be eighteen (18) years of age or older to participate in site offerings, such as newsletter registrations. You may also be required to meet an older minimum age requirement and agree to additional rules and terms posted on our site for participation in certain contests, sweepstakes or special events. Site offerings may request that you provide us with certain personal information such as your name and email address. Viewers are responsible for providing us with accurate and current information.
6. Restrictions of the use of Content on our Website
Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Viewers may not copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided herein. Viewers may print or download the Content from this site only for personal and non-commercial use, provided that the visitor does not republish or redistribute the Content and keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the site Content when copying or downloading. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Viewers agree not to engage in any activity that:
* may alter or damage Content;
* interrupts, destroys or limits the functionality or integrity of any computer software, hardware or Content on this website;
* infringes on any trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
* advertises Content as your own or solicits other viewers with Content;
* is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
* libelous, invasive of another's privacy, hateful, or otherwise objectionable; or
* that otherwise violates Tule Fog Productions LLC policies or the terms of this Agreement.
Tule Fog Productions LLC, THE COMPANY and its Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or this Agreement.
7. Blogs, Forums and other Submissions.
* 7.1 The Message Board service enables you to participate in chat forums on various fire-related topics. You may also post blogs. You acknowledge and agree that if you submit any Content to forums, you will be solely responsible for such Content. TFP will not be liable in any way for any such Content submitted. You further agree that you will not:
o I Submit any Content, which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
o II Submit any Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;
o III Submit any Content which contains a virus or other harmful components;
o IV Engage in activity that interferes with or disrupts the use of the Web Site by other users;
o V Submit any Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;
o VI Make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;
o VII Make use of Forums or Blogs for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.
* 7.2. TFP does not prescreen, monitor or edit the Content posted or submitted to Forums, Blogs or comments. However, TFP reserves the right to edit, limit or remove any such Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any Content you submit or post.
* 7.3. TFP may establish procedures and practices relating to the use of and participation in Forums. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, TFP will not be responsible for any Content deleted by TFP or otherwise, or for your inability to submit any Content.
* 7.4. By submitting Content, via blog or any other means, to the Web Site, you grant TFP a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or incorporate such Content into any form, medium, or technology now known or hereafter developed. Further, TFP shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including but not limited to research, development, manufacturing, and marketing of products and other items incorporating such ideas. If you are not the owner of the Content submitted, you warrant that you have received all necessary consents from the owner of such rights. You will hold TFP harmless if any such Content submitted is in violation of any such rights.
* 7.5. When participating in any Forum, Discussion, or Blog you may be exposed to Content that is inaccurate, incomplete or unsuitable. You should use extra caution with respect to any Content posted or transmitted on a TFP Forum, Blog or Comment. TFP urges you not to take any action based on any such Content. TFP will not be responsible for the Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
* 7.6. In consideration of TFP’s continuing efforts to enhance and improve the Web Site and its associated products and services and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how, or techniques to TFP without any compensation in return. You also agree to execute any and all documents that TFP may reasonably request in connection with confirming TFP’s ownership of and unlimited right to use such ideas, concepts, know-how, and techniques.
* 7.7. When submitting any comments in any form to the Web Site, whether it be via Forum, Blog, Comment, customer feedback email, or the like you, are solely responsible for the content of any comments you make. You agree that no comments submitted by you to the Web Site will:
o I violate any right of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
o II be libelous or contain libelous or other otherwise unlawful, abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party;
o III disparage the products or services of any third party; or
o IV contain any personal information (other than your email address or user name).
8. Prohibition of Framing and or Posting on our website
Viewers are prohibited from (a) framing any portion of our web Site; (b) posting banners, advertising or other links on our web site pages; or (c) using any Content or site logos for purposes beyond personal use, without the express written permission of Tule Fog Productions LLC. Written requests for framing, site postings or Content usage should be to us by Contacting Us Here.
9. Electronic Communications through our Website
When communicating to us is electronically executed through our website or via email, viewers shall not mask their identity by using a false name, information, email or another person's name or email. Any personal information electronically transmitted to us will be protected in accordance with the policies set forth in our Website Privacy Policy. TFP assumes no obligation to limit the use of or to protect any non-personal information from disclosure. The submission of non-personal information to us shall in no way prevent the disclosure, use, purchase or manufacture of similar ideas, plans, services, products or the like by Tule Fog Productions LLC or Affiliates for any purpose; and we shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.
10. Disclaimer of Warranties
Tule Fog Production LLC uses reasonable efforts to ensure the accuracy and correctness of Content appearing on this website and the operation of the site; however, we make no representations or warranties regarding the Content's or website's accuracy, validity, correctness, timeliness, reliability or that usage of the website or Content will be error-free.
This website and its contents are provided "as is." Qe do not warrant, expressly or by implication; the accuracy or reliability of any content provided or posted on the site or their suitability for any particular purpose. TFP expressly disclaims all warranties, express or implied, to the fullest extent permitted by applicable law, including, but not limited to, warranties of merchantability, satisfactory, quality, fitness for a particular purpose or non infringement. We do not warrant that the content found on this website is free from viruses or other potentially harmful attributes
11. Limitaion of Liability
Tule Fog Productions LLC, the company and its affiliates, its members, its employees and or its agents shall not be liable or shall have responsibility of any kind to any viewer or third party, for; any loss, harm or damage that results or occurs from:
(a) use of or access to this website or content posted on this site;
(b) any failure or interruption of this site;
(c) any act or omission of any service provider or agent involved in making this site or the content available to viewers;
(d) any other cause relating to a visitor's access or use, or inability to access or use, any portion of this site or content;
(e) any content, materials or opinions posted or uploaded from this site, including any viewers reliance on such information;
(f) any security breach and or any virus, bug, tampering, unauthorized intervention, fraud, error, inaccuracy, defect or technical malfunctions; and or
(g) any viewers failure to comply with this agreement, whether or not the circumstances giving rise to such cause may have been within the control of tfp, affiliates or agents providing software, services or support.
In no event will TFP, its affiliates, its members, its employees or its agents be liable to any visitor for any direct or indirect or special, punitive, consequential or incidental damages or any other loss or damages of any kind even if TFP, its affiliates or anyone else have been advised of the possibility thereof.
12. Leaving our Website
Tule Fog Productions LLC, its affiliates, its members, its employees and or its agents, will not be responsible or liable for the content, activities, offerings, privacy practices or terms of usage of other websites.
13. Indemnification
You agree to indemnify, defend and hold harmless TFP, its affiliates, its members, its employees, and its agents from and against all claims, losses, expenses, damages, costs and fees, including reasonable attorneys fees, resulting from your violation or breach of the terms of this agreement, your unauthorized access or use of content and/or any unintended consequences arising out of your access or use of this website or site content.
14. Affiliates and our Partners
Our website features, promotions, activities or information may be made available, sponsored or promoted by Affiliates, partners or our sponsors. Site information may not be updated on a daily basis and may not be the most current information available.
15. Links to Third Parties Websites
Our website may contain links to other sites or resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to our viewers and do not constitute an endorsement, recommendation or certification by our company, its Affiliates of any third party site, resources, content, products or services. Any concerns regarding external links or websites should be directed to the respective website operator. You acknowledge and agree that:
* Any information posted by our website regarding third party offers are for information purposes only;
* All third party postings on our website have been provided by a third party operator/provider and we do not warrant its accuracy or completeness;
* All visitor transactions with third parties are solely between the visitor and the third party;
* All third party posted discounts, promotions or special offers are subject to the restrictions and limitations of the respective third party;
* Our company does not make any representations or warranties regarding, and is not liable for, the quality, availability or timeliness of goods, services or offers provided by a third party provider, and you undertake all transactions with these providers at your own risk. Tule Fog Productions LLC reserves the right at its sole discretion, to terminate links with any third parties or other websites at anytime without notice.
16. Our Advice and our Opinions
Our website may contain facts, views, opinions and statements of Tule Fog Productions, LLC, Affiliates or independent third parties. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and our company will not be held accountable.
17. Copyright and Infringement Information and Documentation
The Copyright for this site and its content are held by Tule Fog Productions LLC, all rights reserved.
18. Law and Forum
This website is originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of California and is applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Viewers who choose to access this website from locations outside of the United States do so at their own risk and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to this Agreement or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the State of California, and you hereby submit to the personal jurisdiction.
19. Agreement in Perpetuity
If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect in perpetuity.
20. Viewers Complete Understanding
This Agreement, including any and all posted restrictions, contains the full understanding of the parties with respect to access and usage of our website and the Content posted on our site. No action of TFP, other than an express written waiver or a dated update to this Agreement, may be construed as a waiver of any part of this Agreement at any time.
