1.1 By using Fiery Feeds, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use iTranslate. If you are using iTranslate on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.
1.2 We reserve the right, in our sole discretion, to change any or all of the provisions of this agreement at any time. We will notify users of any changes by posting them on here or through other reasonable means of providing notice. Any changes to this agreement will be effective immediately upon notice to you. Your use of Fiery Feeds after notice of changes to this agreement will be deemed your acceptance of the changes.
1.2 We reserve the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of Fiery Feeds, as well as any aspect pertaining to the use of Fiery Feeds.
2.1 Autorenewing Subscriptions
For auto renewing subscriptions completed in our iOS Apps following terms apply:
- Payment will be charged to iTunes Account at confirmation of purchase.
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
- You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
3. Disclaimer of Warranties & Limitation of Liability
3.1 YOU EXPRESSLY AGREE THAT USE OF FIERY FEEDS IS AT YOUR SOLE RISK. NEITHER WE, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT FIERY FEEDS WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FIERY FEEDS, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON FIERY FEEDS, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH FIERY FEEDS, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON FIERY FEEDS.
3.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, FIERY FEEDS AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON FIERY FEEDS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TOOL, CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON FIERY FEEDS OR FIERY FEEDS ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
4.1 You will indemnify and hold harmless iTranslate and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of iTranslate or our licensors’ intellectual property; (ii) your content; or (iii) your violation of these Terms.
5. Governing Law
5.1 These Terms and any action related thereto will be governed by the laws of the Austria without regard to its conflict of laws provisions.