Terms of Service
1. About this Terms of Service
These Terms of Service (“Terms”) sets out our general terms governing the use of our websites and the products, services, and features we make available to you as part of our websites (collectively, the “Services”). This document does not set out our booking conditions or other terms of supply.
2. Your agreement
By using our Services, you agree to comply with these Terms. If you do not agree with these Terms or if anything is missing that you consider essential, then you must not use our Services.
3. About us
These are the Services Terms for Fuse Technologies, Inc. (referred to as "we", "us", or "our"). We are incorporated under the laws of Delaware.
4. Copyright notice
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips, and written and other materials that appear as part of our Services are copyrights, trademarks, service marks, trade dress, and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Us. Our websites as a whole are protected by copyright and trade dress. Nothing on our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our website, without the prior written permission of the Us.
5. Contacting us
If you have any questions about our Services or these Terms, including any complaints,
please contact us by email at [email protected]. 6. What do these Terms cover?
The Terms state the terms on which our Services and emails may be visited, browsed and used, and are supplemental to any other terms we may apply from time to time. References to "you" and "your" are to any person who visits, browses, or otherwise uses our Services or receives any of our emails.
7. What Services do these Terms cover?
These Terms cover all of our Services, including those Services at the following addresses: www.fuseignited.com and other affiliated microsites created for permanent or short-term promotional purposes.
8. Who may use our Services
- Age requirements. You must be at least 13 years old to use the Services; however, children of all ages may use the Services if enabled by a parent or legal guardian.
- Permission by parent or guardian. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the website.
9. Accessing our Services
- Website availability. Our websites will be available only at times we decide. We do not guarantee that our websites, or any website content, will always be available or be uninterrupted. We may suspend our websites at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure our websites are available to you at any time.
- Your systems. You are responsible to make all arrangements necessary for you to have access to our Services, including compatible software and arranging internet access. You are also responsible to ensure that all persons who access our site through your internet connection or computer are aware of these Terms and other applicable terms and conditions and that they comply with them.
- No misuse. You must not misuse our Services by knowingly introducing any virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Services, any server on which our Services are stored, or any server, computer, or database connected to our Services. You must not attack our Services via attempted overloading of our Services, seeking to cause a denial-of-service to you or others, or a distributed denial-of- service. In the event of a breach, in addition to our other remedies, your permission to use our Services may, at the our sole and absolute discretion, cease immediately. Your breach of this provision may also be a criminal offense under the Electronic Communications and Transactions Act, no. 25 of 2002, and other applicable Laws. We reserve the right to report any such breach to relevant law enforcement authorities and to cooperate with authorities by disclosing your identity to them.
10. Completing forms and error correction
- Mandatory information. When completing any inquiry, booking, or other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are identified and denoted by an asterisk (*). You will be prompted for this information if you try to submit a form that is missing any of this mandatory data. Where a category is not marked with an asterisk, the information is optional, and you need not fill it in but may do so if you wish.
- Accuracy of your information. When you submit any information to us, including in connection with a registration, inquiry, or booking, you must ensure, and by submitting the information you represent to us that, it is true, accurate, current, and complete in all respects. To keep the information current, you agree to update the information to us whenever there is a change to any information you submitted previously. You acknowledge being aware that we will rely on the information you provide is true, accurate, current, and complete.
- Error correction. When you carry out any inquiry, booking, order, registration, or another process on our website, you may, before submitting, use the back button on your browser to go back and correct or change information. If you think there is an error in your information provided after you submit it, you can contact us at [email protected] to ask that it be corrected or updated.
11. Registration on our Services
- Requirement for registration. To use some services or features available on our Services (such as accounts) you may need to register with our website and accept terms applicable to such registration. We may restrict access to some parts of our Services and functionality, allowing access only by persons who registered with us for access to that part or functionality.
- Updating your information. If any of your registration information changes, please update your details using functionality provided within our website or contact us at [email protected].
- Log-in details. You are responsible to keep any username and password log-in details relating to such registration confidential, safe, and secure. You must not share the details with anyone. You must ensure that any password you provide is unique and a strong password, which you have not used on any other website. You must let us know immediately if you suspect any unauthorized access to or use of your log-in details or any registration with our Services. We have the right to disable any log-in details, whether chosen by you or allocated by us, at any time, if in our opinion, you failed to comply with a provision in these Terms or if we suspect misuse.Suspension and termination. We may suspend or terminate your registration and/or your ability to access or use any features, services, or functionality on our Services at any time and for any reason, with or without prior notification to you.
- SMS Text Messaging. By subscribing to Our text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt- out by any means other than texting the opt-out commands above is not a reasonable means of opting out.
- Eligibility. You must be eighteen (18) years old or older to make a booking or otherwise order from us.
- Booking process. Our website is not a legal offer. To make a booking with or through us or otherwise order from us using our Services you must follow the procedure on our websites. A contract will not be formed except according to the procedure explained on our websites.
- Not advice. Our website content is provided for general information only, with the understanding that we are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use of our websites and website content is entirely at your own risk.
- Validity and change. We make no representation, warranty, or guarantee, whether expressed or implied, that the content on our site is accurate, complete, or up-to-date. In any event, our website content is not valid beyond when it is downloaded and may change on a subsequent visit to our websites. We shall be entitled to change website content from time to time, and cease providing any particular website content (including part, functionality, or service of our websites), without notice, and for any reason.
- Errors. We do not guarantee that our Services or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you submitted or contract you entered into with us. If a correction affects a booking or order you submitted or contract you entered into with us to your material detriment, we may allow you to cancel the booking, order, or contract rather than accept the change.
- Viruses. We cannot ensure that our Services will be virus-free or free from other malicious elements or will be free from unauthorized, malicious access or modification. You must take appropriate safeguards on your computer, device, and network, such as installing appropriate protective software, before accessing or downloading any of our website content.
- Third-party websites. If we include a link to a third-party website (e.g. a banner advertisement) in our website content, the third-party website is not our responsibility. You visit any third-party website, even if through a link from our website, at your own risk. By providing links, we are not endorsing, sponsoring, or recommending such sites or materials disseminated by or services provided by them. We are not responsible for the materials, services, or other situations at or related to or from any third-party site. We are not responsible for the direct or indirect consequences of your navigating to any other website from our websites. We are not responsible for any purchase you make or other activity you engage in at, or as a result of you visiting or accessing a third-party website.
- Our copyright. You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content (and the selection and arrangement of our website content) is and remains our sole and absolute property. You are granted no right, license, or interest in or to our website content or any intellectual property rights, except for the browsing license detailed below, and all other rights are reserved. You are not permitted to screen scrape or otherwise copy or use our website content except for browsing our website as a customer or potential customer under the license below.
- Browsing license. The following license is subject to the condition that you are in full compliance with these Terms. If you are not in compliance, then you have not met the condition and you are not granted the following license. We grant you a license to download and run the pages of our website we make accessible to you, in a web browser, and to store them in the web browser cache, to enable you to browse and use our website as a customer or potential customer, or as an agent for a specific customer or potential customer, whether online or offline. You are permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for your private records and future reference, provided that you do so only as a customer or potential customer, or as an agent for a specific customer or potential customer. Except for as expressly provided by the foregoing license, you may not modify, copy concerning, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website content, or use our websites, or any of our website content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your website. We may terminate the above license at any time.
- Linking to our site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link to our websites in a way that suggests any association, approval, or endorsement on our part where none exists. Our websites must not be framed on any other site. You must not create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
14.Your conduct and content
- Use of our Services. You agree to use our Services only for lawful purposes connected to the intended purposes of our Services. You must not use our Services for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our Services or any underlying systems. You must not use our Services to market or advertise any third party, including any products or services.
- Community functionality. We may offer comment and review facilities, message boards, forums, photo galleries, and other community functionality, which enable you and others to post content to our Services. Anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time. You agree that you will be personally responsible for your use of all community functionality and all of your communication and activity on and according to our Services. If we determine or have a suspicion that, or if we have a question whether, you are or have been or may have been, engaged in any prohibited activity, were not respectful of another user, or otherwise violated the terms and conditions, we may deny you access to our Services on a temporary or permanent basis. We will not be responsible, or liable to you or any third party, for the content or accuracy of any content posted by you or any other user of our Services. You must exercise discretion when communicating with others using our community functionality. The views expressed by other users on our site do not represent our views or values.
- Your content. You shall ensure that anything your post to our website (including text and pictures), whether through community functionality or otherwise: (a) relates solely to us and our products and services; (b) is in accordance with rules and acceptable use policies set forth in these Terms or any other rules we publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or defamatory, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people's privacy; (f) is not harmful to minors; (g) will not cause unwarranted distress to any person; (h) is not detrimental to our trademarks or our website content; (i) is not personal data of a third party; (j) does not use our site to promote or advertise a business, product, service or other thing; (k) does not advocate illegal activity or discuss illegal activity with intent to commit them; (l) is not vulgar, obscene, discourteous or indecent; (m) is not software. Any content you upload to our community functionality will be considered non- confidential. We also have the right but are not obligated, to disclose your identity to any third party or police, or government agency who claims that any content posted or uploaded by you to our websites constitutes a violation of or who claims to our satisfaction to be investigating any actual or potential violation of intellectual property, privacy or other rights or laws.
- License of your content. Concerning anything you post to our website (including text and pictures), whether through any community functionality or otherwise, you grant us a perpetual, irrevocable, royalty-free, transferrable license, with the right to grant sub-licenses, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our websites (including sending in photos to any photo gallery), you understand that the content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as the author) in relation to such content. You warrant that you have the right to grant the license above and that the exercise by us of that license shall not infringe any copyright or other intellectual property rights in any part of the world.
15.Disclaimer and limitation of liability
- No prejudice to consumer rights. If you are acting as a consumer (i.e. an individual acting for your private purposes not associated with a business or profession) nothing in these terms affects your legal rights as a consumer to the extent they may not be excluded or limited by law, and the following terms shall be read subject to this.
- No prejudice to contracts with us. The following terms shall be without prejudice to our liability under or concerning any contract which we enter into with you as a result of a booking made by you, but such contract shall be subject to any separate booking conditions or other terms we apply to that contract and any exclusions or restrictions of liability in such conditions or terms.
- No limitation of liability for personal injury and fraud. Concerning a consumer, we do not limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
- Disclaimer of negligence. We disclaim and exclude any duty of care which we may owe you in respect of our website and website content, and we shall have no liability to you in negligence concerning our websites or website content.
- No promise as to quality and exclusion of implied terms. We provide each of our websites and website content "as is" and "as available", without warranty, guarantee, or promise as to the quality, condition, fitness for purpose, availability, suitability, or functionality. We do not represent or warrant that our website content is accurate, complete, or current, and we shall have no liability whatsoever in respect of any use which you make of our website content. We hereby exclude to the fullest extent permitted by law all implied warranties, terms and conditions, and all rights under any law, in your favor, concerning our websites or website contents.
- Fitness for purpose. Our website content has not been written to meet your requirements and it is your sole responsibility to satisfy yourself before ordering any products or services from us that are suitable for your purposes.
- No liability for business losses. Where you are a consumer, we have no liability to you for any losses relating to any business or occupation, including loss of profit, loss of revenue, loss of business or contract, business interruption, or loss of business opportunity. We shall not be liable to you for any loss, damage, or liability you suffer or incur as a result of visiting, browsing, or using our website or website content, or the non- availability or interruption of our website or website content or relying on our website or website content. In particular, we shall not be liable for any loss, damage, or liability suffered by or concerning any business, profession, occupation, or organization, even if we have been advised of the possibility of such loss, including (a) loss of profit, revenue, contract, sales, goodwill, opportunity, wasted or additional expenditure, loss of bargain, loss of anticipated savings, business interruption, or liability to any third party and fines, in each case whether direct or not; or (b) for any losses or damages of any nature which are special, punitive, exemplary, indirect, incidental or consequential.
- No liability for force majeure. We will not be liable for anything caused by any event or circumstance beyond our reasonable control.
- No liability unless our fault. We shall not be liable for any loss not caused by negligence, or breach of law, or legal or contractual obligation on our part. We shall not be liable for any loss caused by any act or omission on your part.
- No liability for loss not foreseeable. We shall not be liable for any loss or damage which was not foreseeable.
- Meaning of liability. References to our liability include our liability under or for breach of a contract, liability in negligence, liability under any applicable statute or other law, liability for breach of statutory duty, or any other liability on whatever basis or howsoever arising, including (without limitation) where such liability arises out of or in connection with our websites, website content, and any services provided through them, your reliance on the same, or the non-availability or interruption of the same.
16.Changes to these terms
We may change these website Terms at any time and from time to time without notice to you, including by publishing a new version on our website. You should check these terms for updates each time you visit our website to be aware of changes and the latest version. You should check the top of the document to see the latest version in force. By using or continuing to use our Services after a change you accept and agree to the change.
17. Applicable law and disputes
These terms, your use of our Services, and any claim relating to our Services or based information on our Services shall be governed by, construed, and enforced, under the laws of the State of Nevada without regard to conflict of law principles. The parties agree that all disputes, controversies, or claims of whatever nature arising out of or relating to this Agreement or the breach thereof shall be only resolved by a state or federal court in the State of Nevada and the county of Clark, and the parties hereby consent to the exclusive jurisdiction of such courts in any action or proceeding arising under or brought to challenge, enforce, or interpret any of the terms of this Agreement. In any legal action, arbitration, or other proceedings to enforce, interpret or construe the terms of this Agreement, or concerning any grievance relating to the use of our Services, the prevailing party shall be entitled to recover actual reasonable attorneys’ fees, costs, and expenses.
These Terms (“Agreement”) apply to our use of any words, pictures, video, images, data, information, or any other ‘user-generated content’ (“Content”) that a user (“Content Owner”) uploads, posts, or shares using third party websites or social media platforms, including but not limited to Instagram, Facebook, Pinterest, YouTube and Twitter and which we use on our social media platforms, website and various promotional materials. We reserve the right to alter these Terms without advance notice. Accordingly, it is incumbent on you to review the Terms each time you grant permission or authorization to feature your Content.
19.Our right to use the Content
Although, as we explain herein, you retain ownership of the Content, by submitting, posting, or displaying the Content you are granting, and hereby do grant to us a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable right and license to use (including the right to copy, display, perform, publish, modify, adapt and translate) such Content in all forms and media. This means that our right to possess, use and display the Content anywhere and through any means will never expire, that we will never owe you any money for it, and that we may allow others to use or possess the Content.
- Delivery. By the Content Owner replying to a comment on an individual piece of content with the hashtag #[insert]Approved, the Content Owner agrees that the individual piece of content may be used by us and our affiliates and/or related entities the Content as provided below.
- Usage. In the delivery of Content, the Content Owner grants Us non- exclusive rights to use the Content as defined below:
- Purpose: To authentically depict experiences on Our trips from the perspective of Our guests;
- Medium: used across various marketing channels in different forms of media, including but not limited to use on the website (https:// www.[insert].com), print, social media, email, digital advertising, out-of-home, events, third party platforms, and APIs. We may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Content in any manner in their sole discretion, with no obligation to you whatsoever;
- Period: in perpetuity and;
- The Content that you submit is deemed non-confidential and We have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.
- TheContentOwnerconfirmsthattheyaresolelyresponsibleforthe Content and they are the original creator of the piece of Content and have no known knowledge that the Content was created by another individual.
- You grant Us the right to use your username and image, or other identifying information in connection with your Content.
- In most implementations, however without any obligation to do so, imagery will be accompanied by the Content Owner’s Instagram username and the date that the piece of Content was originally posted.
- The Content is still entirely owned by the Content Owner, who is merely granting Us the rights to use the Content in the marketing activity.
- If a Content Owner chooses to relinquish rights granted to Us, they must contact Us in writing, including the piece of Content, a link, photograph, or screenshot of where the Content appears in Our marketing collateral, and evidence that they are the original Content Owner of the piece of Content. We will wherever reasonably possible, remove such Content.
- By agreeing to the use of the Content, you waive any payment for the use of Content across all mediums and channels.
- You will not hold the Us, or any person acting on the Our behalf, responsible for any claims or demands in connection with the use of your Content.
- Please ensure that you are careful and selective about the Content that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential Content. Should you disclose information that is sensitive, proprietary, or confidential, you do so at your own risk and We are not responsible for any consequences of such disclosure.
- If one or more of the provisions contained in the Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
- We reserve the right to remove, wherever reasonably possible, any Content from our website and social media channels. If you believe any Content residing on our website and social media channels or displayed or used in connection with Us infringes any person’s or entity’s copyright rights, please contact [email protected].