Terms of Service
By downloading, installing or using the FITE mobile application, FITE website and the content feeds and services provided to you on, or through the FITE mobile application (“Service”) you agree to these terms and conditions (“Terms of Service”). If you do not agree to any of these terms, please do not use the Service. FITE may, in its sole discretion, modify, discontinue or terminate the Service, and/or modify these Terms of Service at any time, and you agree to be bound by such modifications.
FITE hereby grants you permission to access and use the Service for personal non-commercial use, as set forth in these Terms of Service, provided that in your use of the Service, you will comply with all applicable laws.
These Terms of Service apply to all users of the Service, including contributors of Content on the Service. “Content” includes the videos, music, photos, text, graphics and other materials you may view on, access through, or contribute to the Service. The Service may contain links to third party websites, mobile applications and/or services that are not owned or controlled by FITE. FITE has no control over, and assumes no responsibility for, the content and policies of any third party websites, mobile applications and/or services. By using the Service, you expressly relieve FITE from any and all liability arising from your use of any third-party website, mobile application and/or service.
In order to access some features of the Service, you will have to create an account. When creating your account, you must provide accurate and complete information. You may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. FITE will not be liable for your losses caused by any unauthorized use of your account. You must notify FITE immediately of any unauthorized use of your account.
The Content on the Service, and the trademarks and logos (“Marks”) on the Service, are subject to copyright and other intellectual property rights. All trademarks, logos and any other proprietary designations displayed in the Service are property of the respective third parties. Content is provided to you as is. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use any Content for any other purposes without the prior written consent of the respective owners of the Content.
You acknowledge that the Service aggregates Content from different sources, and that FITE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such Content. You acknowledge that you may be exposed to Content that is inaccurate, offensive or indecent and you hereby waive any legal rights or remedies that you may have against FITE with respect to this, and agree to indemnify and hold harmless FITE, its owners, officers, employees, affiliates, licensors, and licensees regarding all matters related to your use of the Service.
You may submit Content to the Service. You understand that FITE does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for this Content and the consequences of submitting and publishing it on the Service. You confirm and warrant that you own or have the necessary licenses, rights and permissions to publish the Content that you submit; and you license to FITE all patent, trademark, copyright or other proprietary rights in and to such Content for publication on the Service according to these Terms of Service.
By submitting Content to FITE you hereby grant FITE a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, and broadcast the Content in connection with the Service and FITE’s business, in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, and display such Content as permitted through the functionality of the Service and under these Terms of Service. You agree that the Content 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 to post the material and to grant FITE all of the license rights.
FITE does not endorse any Content submitted to the Service by any user or other content owner, or any opinion, recommendation, or advice expressed therein, and FITE disclaims any liability in connection with the Content. FITE does not permit infringement of copyright or any intellectual property rights on the Service and FITE will remove all Content, if properly notified that such Content infringes any intellectual property rights. FITE reserves the right to remove any Content without prior notice.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. FITE, ITS OFFICERS, EMPLOYEES, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE OF IT. FITE MAKES NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY LINKED CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE. FITE DOES NOT WARRANT, ENDORSE, OR GUARANTEE FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER FORM OF ADVERTISING.
IN NO EVENT SHALL FITE, ITS OFFICERS, EMPLOYEES, OR AFFILIATES, BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT, (II) PERSONAL OR PROPERTY DAMAGE OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE.
The Service is provided by FITE from its office in Bulgaria. FITE makes no warranties that the Service is appropriate or available for use in other locations. If you access or use the Service from other jurisdictions, you are responsible for compliance with the local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless FITE, its officers, employees and affiliates, from and against any claims, damages, obligations, losses, liabilities or costs (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.
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 to enter into the terms, conditions, obligations and warranties set forth in these Terms of Service, and to comply with these Terms of Service.
If you are a copyright owner or a representative of a copyright owner and you believe that any Content infringes your copyright, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”) to email@example.com with the following information in writing:
- a) Identification of the copyrighted work claimed to have been infringed;
- b) Identification of the material that is claimed to be infringing;
- c) Your mailing address, telephone number and email address;
- d) A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its representative, or the law; and
- e) A statement that the information in the notification is accurate, and that you are the copyright owner or you are authorized to act on behalf of the copyright owner.