TERMS OF SERVICE
Last Updated: June 4th, 2015
1. Your Acceptance
By using or visiting the Igniter.io website or any Igniter.io products, software, video,
digital media, hosting services and/or other services provided to you on, from, or through
the Igniter.io website (collectively the “Service”), you signify your agreement to (1) these
http://igniter.io/privacy-policy/ and incorporated herein by reference. If you do not agree to any of these Terms
The Service is owned and operated by Aqua Digital Media Inc., d/b/a Igniter.io (“Us,” “We” or “Our”).
We reserve the right to amend these Terms of Service at any time and without notice. Although
We may attempt to notify you when changes are made to these Terms of Service, it is your
responsibility to review these Terms of Service for any changes. Your use of the Service
following any amendment of these Terms of Service will signify your assent to and acceptance
of its revised terms.
2. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or
possess legal parental or guardian consent, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations, and warranties set forth in these
Terms of Service, and to abide by and comply with these Terms of Service. In any case, you
affirm that you are over the age of 13, as the Service is not intended for children under 13. If you
are under 13 years of age, then please do not use the Service.
If you are accepting these Terms of Service on behalf of a company or other entity, you
represent that you have the authority to bind such entity to these Terms of Service, in which case
the terms “you” and “your” shall refer to such entity.
(a) These Terms of Service apply to all users of the Service, The Service includes and refers to all aspects
of Igniter, including but not limited to all products, software, Content (as defined below) and services
offered via the Igniter.io website, and such website itself. “Content” includes the text, software, scripts,
graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials
made available by Us for use through the Service.
(b) We reserve the right at any time and in Our sole discretion to modify or discontinue,
temporarily or permanently, the Service or any part thereof, with or without notice. You agree
that We shall not be liable to you or to any third party for any such modification, suspension or
discontinuance of any part of the Service.
(a) In order to access the Service, you will have to create an account. You may never use
another’s account without permission. When creating your account, you must provide accurate
and complete information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify Us immediately of
any breach of security or unauthorized use of your account.
(b) Although We will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for Our losses or the losses of others due to such unauthorized use.
5. General Use of the Service—Permissions and Restrictions
We hereby grant you permission to access and use the Service as set forth in these Terms of
Service, provided that:
(a) You agree not to distribute in any medium any part of the Service or the Content without
Our prior written authorization, unless We make available the means for such distribution
through functionality offered by the Service.
(b) You agree not to alter or modify any part of the Service.
(c) You agree not to use the Service for any commercial use, including the sale of access to the Service,
that is not made available through functionality offered by the Service or that we otherwise expressly
authorize in writing.
(d) You agree not to use or launch any automated system, including without
limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner
that sends more request messages to Our servers in a given period of time than a human
can reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, We grant the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but not caches or
archives of such materials. We reserve the right to revoke these exceptions either generally or
in specific cases. You agree not to collect or harvest any personally identifiable information,
including account names, from the Service, nor to use the communication systems provided by
the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Service with respect to their Content.
(e) In your use of the Service, you will comply with all applicable laws.
6. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply
specifically to your use of Content.
(a) The Content on the Service, and the trademarks, service marks and logos (“Marks”) on
the Service, are owned by or licensed to Us, subject to copyright and other intellectual property
rights under the law.
(b) Content is provided to you AS IS. You may access Content for your information
and use solely as intended through the provided functionality of the Service and as
permitted under these Terms of Service. You shall not download any Content unless you see
a “download” or similar link displayed on the Service for that Content. You shall not copy,
reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content
for any other purposes without prior written consent from Us or the respective licensors of the
Content. We and Our licensors reserve all rights not expressly granted in and to the Service and
(c) You agree not to circumvent, disable or otherwise interfere with security-related features
of the Service or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Service or the Content therein.
(d) You understand that when using the Service, you may be exposed to Content from
a variety of sources, and that We are not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to such Content. You further understand and
acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Us with respect thereto, and, to the extent permitted
by applicable law, agree to indemnify and hold harmless Us, Our owners, operators, affiliates,
licensors, and licensees to the fullest extent allowed by law regarding all matters related to your
use of the Service.
7. Your Materials and Conduct
(a) As an account holder, you may provide to the Service, in connection with your use of the Service,
information, images, content and other materials that you or a third party have created (“Materials”).
You understand that We do not guarantee any confidentiality with respect to any Materials you submit.
(b) You shall be solely responsible for your own Materials and the consequences of submitting and
publishing your Materials on or through the Service. You affirm, represent, and warrant that you own
or have the necessary licenses, rights, consents, and permissions to publish any Materials you may submit.
(c) For clarity, you retain all of your ownership rights in your Materials. However, by submitting
Materials to the Service, you hereby grant Us a worldwide, non-exclusive, royalty-free, sub-licensable
and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform
the Materials in connection with both (i) the provision of the functionality(ies) of the Service and (ii)
Our (and Our successors’ and affiliates’) business, including without limitation for promoting and
redistributing part or all of the Service (and derivative works thereof) in any media formats and through
any media channels.
(d) You further agree that Materials you submit to the Service will not contain third party copyrighted
material, or material that is subject to other third party proprietary rights, unless you have permission
from the rightful owner of the material or you are otherwise legally entitled to post the material and to
grant Us all of the license rights granted herein.
(e) You further agree that you will not submit to the Service any of the following:
(i) Material that is defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing,
threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise
objectionable or harmful;
(ii) Material that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, endanger national security, or that would
otherwise create liability or violate any local, state, national or international law;
(iii) Material that impersonates any person or entity or misrepresents your affiliation
with a person or entity;
(iv) Unsolicited promotions, political campaigning, advertising or solicitations;
(v) Private information of any third party, including, without limitation, addresses,
phone numbers, email addresses, Social Security Numbers and credit card numbers;
(vi) Viruses, corrupted data or other harmful, disruptive or destructive files; or
(vii) Material that, in Our sole judgment, is objectionable, harmful or which restricts
or inhibits any other person from using or enjoying the Service, or which may expose
Us or Our users to any harm or liability of any nature, including, but not limited to, any
degradation, devaluation or other diminishment of the quality, character or value of the
(f) We do not permit copyright infringing activities and infringement of intellectual
property rights on the Service, and We will remove all any Material as to which we have been
properly notified that such Material infringes on another’s intellectual property rights.
We reserve the right to remove Materials without prior notice.
8. Third Party Website and Services
One of the features of the Service is the ability to distribute your Materials to third party websites and
distribution services that are not owned or controlled by Us (“Third Party Services”). In
addition, the Service may contain links to Third Party Services that contain other products and
services. We have no control over, and assume no responsibility for, the reliability, content,
privacy policies, operations or practices of any Third Party Service. You agree that We are not
responsible for the performance of any Third Party Service, and you expressly relieve Us from
any and all liability arising from your use of any Third Party Service. Please remember that
Third Party Services will be subject to their own, separate terms and policies. You are
responsible for reviewing and understanding the terms and policies of any Third Party Services.
9. Card Services
We may use a third-party payment processor (the “Payment Processor”) to link your credit card account
to the Service for the payment of any charges that are imposed in connection with your use of the Service.
The processing of payments in connection with your use of the Service will be subject to the terms,
conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these
Terms of Service. We are not responsible for any error by the Payment Processor and you expressly relieve
Us from any liability arising from error by the Payment Processor.
10. Account Termination Policy
(a) We will terminate a user’s access to the Service if, under appropriate circumstances, the
user is determined to be a repeat infringer.
(b) We reserve the right to decide whether Materials violate these Terms of Service for
reasons other than copyright infringement, such as, but not limited to, pornography, obscenity,
or excessive length. We may at any time, without prior notice and in Our sole discretion, remove
such Materials and/or terminate a user’s account for submitting such Material in violation of these
Terms of Service.
11. Digital Millennium Copyright Act
(a) If you are a copyright owner or an agent thereof and believe that any Material infringes
upon your copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing Our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
(vii) Our designated Copyright Agent to receive notifications of claimed infringement
is Nicholas Ethan, Igniter, 150 S. State St, Suite 104, Salt Lake City, UT 84111, email: email@example.com.
(b) Counter-Notice. If you believe that your Material that was removed (or to which access
was disabled) is not infringing, or that you have the authorization from the copyright owner, the
copyright owner’s agent, or pursuant to the law, to post and use the Material, you
may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Material that has been removed or to which access has
been disabled and the location at which the Material appeared before it was removed or
A statement that you have a good faith belief that the Material was removed or
disabled as a result of mistake or a misidentification of the Material; and
Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in Salt Lake City, Utah, and a statement
that you will accept service of process from the person who provided notification of the
(c) If a counter-notice is received by the Copyright Agent, We may send a copy of the
counter-notice to the original complaining party informing that person that it may replace the
removed Material or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the provider of the Material, the removed Material
may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the
counter-notice, at Our sole discretion.
12. Warranty Disclaimer
YOU AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS AND THAT YOUR USE OF THE SERVICE SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE
THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PERFORMANCE OF THE SERVICE
OR THE ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE
OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY ASPECT OF THE PROVISION OF THE SERVICE OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Limitation of Liability
IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND
WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF
OR INABILITY TO USE THE SERVICE OR ANY CONTENT, INCLUDING
WITHOUT LIMITATION ANY DAMAGE OR LOSS RESULTING FROM ANY (I)
ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE,
AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF
ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Us from Our facilities in the United States of America.
We make no representations that the Service is appropriate or available for use in other locations.
Those who access or use the Service from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold
harmless Us and Our officers, directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your
violation of any term of these Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv) any claim that your
Content caused damage to a third party. This defense and indemnification obligation will survive
these Terms of Service and your use of the Service.
These Terms of Service shall be governed by the internal substantive laws of the State of
Delaware, without respect to its conflict of laws principles. Any claim or dispute between you
and Us that arises in whole or in part from the Service shall be decided exclusively by a court of
competent jurisdiction located in Salt Lake City, Utah. These Terms of Service, together with Our
shall constitute the entire agreement between you and Us concerning the Service. These Terms
of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by Us without restriction. If any provision of these Terms of Service
is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Service, which shall remain in
full force and effect. No waiver of any term of this these Terms of Service shall be deemed a
further or continuing waiver of such term or any other term, and Our failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such right or provision.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY