INTRODUCTION
This website, FlameTiles.com and FlameEnterprize.com (the "Site")
is owned and operated by Flame Enterprize ("FLAME ENTERPRIZE"), the
manufacturer of Flame Enterprize. By viewing or using our Site, you agree to
these Terms
and Conditions, and those promulgated by FLAME ENTERPRIZE from
time to time. FLAME ENTERPRIZE reserves the right to amend, change
or modify
these Terms and Conditions at any time, with or without notice
to you. By using the Site after we post any such changes, you
hereby agree
to such modified terms. If you do not agree to any of these Terms
or Conditions or any changes made by FLAME ENTERPRIZE hereafter,
you may
simply exit the Site.
This Site is operated by FLAME ENTERPRIZE, from its office in
Los Angeles, California, USA. FLAME ENTERPRIZE makes no representation
that content
of the Site is appropriate or lawful in other territories or
jurisdictions. Use or access of this Site from territories
or jurisdictions where
the Site or any of its content is illegal, unlawful, violative
of obscenity or other laws is strictly prohibited. Those
who choose to access this
Site from other states or countries do so at their own risk
and such users are solely responsible for compliance with
applicable local laws.
The content that appears on our Site is for informational purposes
only. We do our best to ensure that the information posted
on the Site (including product models and availability, dealer
locations, rider
names, etc.) is timely and accurate; however, errors do appear
from time to time. We are not responsible for, and do not
guarantee the
performance of, goods and services provided by any third
party to whose website we link. We may from time to time
place a
button or link to
the website of another individual or company. Any links on
this Site are designed for convenience only, and do not constitute
an endorsement
by FLAME ENTERPRIZE of that site, its owner or host or the
products or services offered or listed on such site.
OWNERSHIP OF
SITE CONTENT
Unless otherwise stated, the text, software, images, graphics,
logos, icons, photographs, images, illustrations, audio clips,
video clips,
design elements, copyrights and copyrightable materials, trademarks,
trade dress and other Site content (collectively referred to
herein as the "Site Content") are the exclusive
property of FLAME ENTERPRIZE or its licensors. Except where
such permission is specifically
granted, you may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any
way exploit,
any of the Site Content, in whole or in part. You may download
copyrighted material for your personal use only. Except as
otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of
downloaded material will
be permitted without the express permission of FLAME ENTERPRIZE
and, where applicable, the copyright owner. In the event
of any permitted
copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark
legend or
copyright notice shall be made. FLAME ENTERPRIZE grants you
no express or implied rights by way of your permitted downloading
of copyrighted
material.
RESTRICTIONS
ON YOUR USE
Your use of this Site is pursuant to a single-copy revocable license
granted to you. As a condition of your use of this Site, you warrant
to FLAME ENTERPRIZE that you will not use this Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
All other rights, including all rights of ownership, are reserved
by FLAME ENTERPRIZE. This means that you may access the Site using
a browser and you may download one copy of the Site Content on a
single computer for your own personal and non commercial internal
use. You shall not: (a) modify the Site Content, in whole or in part;
(b) use the Site Content, in whole or in part, for any commercial
purpose or public display, performance, sale, or rental; (c) de compile,
reverse engineer, or disassemble software materials; (d) remove any
copyright notice or other proprietary notices from the Site Content;
or (e) assign, transfer or export, or attempt to assign, transfer
or export, the Site Content, in whole or in part, to another person.
You agree to prevent any unauthorized copying of the Site Content.
TRADEMARKS
The trademarks, logos and any designs used or displayed on the Site
are trademarks and/or service marks owned by FLAME ENTERPRIZE or,
on occasion, used by FLAME ENTERPRIZE under license from another
third party. Any use of trademarks, service marks, product names
and company names or logos, including the reproduction, modification,
distribution or republication of same without the prior written permission
of FLAME ENTERPRIZE, is strictly prohibited. Other trademarks, service
marks, trade names and company logos utilized in the Site are the
property of their respective owners. All rights reserved.
LINKING AND
FRAMING
As a matter of policy, FLAME ENTERPRIZE does not permit you to create
or post a link or a frame to any FLAME ENTERPRIZE site (including
this Site) without FLAME ENTERPRIZE's prior written approval.
If you wish to link to the Site, please contact us at info@FlameTiles.com,
to apply for permission to do so.
DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER FLAME ENTERPRIZE, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES,
AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY,
RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE
THAT FLAME ENTERPRIZE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT
THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL FLAME ENTERPRIZE OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE
USED IN CONNECTION WITH THE SITE, BE LIABLE FOR ANY DAMAGES,
INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE
SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN NO EVENT SHALL FLAME ENTERPRIZE (INCLUDING ITS EMPLOYEES,
DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF
DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING
OUT OF THE
USE OF OR
INABILITY TO USE THE SITE OR ANY HYPERLINKED WEBSITE, EVEN
IF FLAME ENTERPRIZE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, THE LIABILITY OF FLAME ENTERPRIZE
IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
CONTENT YOU
POST
You agree not to post or transmit through the Site any material which
violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any law, or which,
without FLAME ENTERPRIZE's express prior approval, contains advertising
or any solicitation with respect to products or services. Any conduct
by you that in FLAME ENTERPRIZE's discretion restricts or inhibits
any other user from using or enjoying the Site will not be permitted.
You shall not use the Site to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on line services, whether or
not such other services are competitive with FLAME ENTERPRIZE. By
submitting material to any public area of the Site, including but
not limited to chat rooms, you automatically grant (or warrant that
the owner of such material has expressly granted) FLAME ENTERPRIZE
the royalty free, perpetual, irrevocable, non exclusive right and
license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that
may exist in such material. You also permit any other user of the
Site to access, view, store or reproduce the material for that user's
personal use. You hereby grant FLAME ENTERPRIZE the right to edit,
copy, publish and distribute any material made available on the Site
by you. FLAME ENTERPRIZE shall have the right, but not the obligation,
to monitor the content of the Site, including chat rooms and forums,
to determine compliance with these Terms and Conditions or any operating
rules established by FLAME ENTERPRIZE and to satisfy any law, regulation
or authorized government request. FLAME ENTERPRIZE shall have the
right in its FLAME ENTERPRIZE discretion to edit, refuse to post
or remove any material submitted to or posted on the Site. Without
limiting the foregoing, FLAME ENTERPRIZE shall have the right to
remove, at any time and without notice to you, any material that
FLAME ENTERPRIZE, in its FLAME ENTERPRIZE discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
TERMINATION
This agreement is effective until terminated by FLAME ENTERPRIZE, at
any time without notice. In the event of termination, you are no
longer authorized to access this Site and the restrictions imposed
on you with respect to the Site Content as well as the disclaimers
and limitations of liabilities set forth in this agreement, shall
survive.
GENERAL TERMS
This Site, and its use, shall be governed by the substantive laws of
the State of California and the United States of America. The exclusive
jurisdiction and venue for any dispute or litigation arising out
of or related to the Site, its content, these Terms and Conditions
or your use of the Site shall be the state or federal courts located
in the Los Angeles, California. Any rights not expressly granted
herein are reserved by FLAME ENTERPRIZE. If any part of this Agreement
is for any reason found to be unenforceable, all other parts nevertheless
remain enforceable. Failure of FLAME ENTERPRIZE to enforce a right
under these Terms and Conditions will not act as a waiver of that
right or the ability to later assert that right relative to the particular
situation involved. The above stated rules represent the entire understanding
between each user of the FLAME ENTERPRIZE Site, regarding each user's
relationship with FLAME ENTERPRIZE and supersedes any prior statements
or representations.
COMMENTS:
FLAME ENTERPRIZE welcomes your comments. If you have questions or
comments about our policies, email us at
PRIVACY CONCERNS
We respect the privacy of our users. Unless required by law, user
information provided by you, including but not limited to demographic
information,
will not knowingly be shared with third parties that are
unaffiliated with FLAME ENTERPRIZE, with the exception of third
party sponsors
of contests. FLAME ENTERPRIZE responds to subpoenas, warrants
or other court orders regarding information that is contained
within
our access logs concerning any user. FLAME ENTERPRIZE also
reserves the right to release the information concerning a
user who we believe
is in violation of our content guidelines, even without a
subpoena, warrant, or other court order. FLAME ENTERPRIZE cooperates
with law
enforcement agencies in identifying those who use our servers
for illegal activities. We also reserve the right to report
any illegal
activity to law enforcement for prosecution.