Terms of Service
YOUR ACCEPTANCE OF THE TERMS
USERNAME AND PASSWORD
You do not have to create a user account to be able to use the Service, but if you choose to create a user account you may choose a user name and a password. If you choose to create a user account, the username and password which you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username and/or password if they, in our opinion, violate these Terms of Service.
When creating your user account, you will be asked to submit certain information about yourself such as your user name and email address. The information will be used to provide the Service to you and to publish top lists on RedFenix, thus disclosing your user name to other users.
Your account is personal and you are not allowed to transfer your account to any third party. You are responsible for keeping the credentials of your user account confidential, and that you will not disclose (willfully or by negligence) credentials of your user account to any third party or otherwise allow any third party to use your user account or your access to the Service. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account on RedFenix if we have reason to believe that any third party has gained unlawful access to your user account.
The Company or its licensors owns all materials and intellectual property that form part of the Service, including but not limited to software, source code, text, pictures, icons, trademarks, logotypes, and/or sounds. Using the Service does not give the User any ownership rights over such materials.
Your usage of the Service does not allow You to exploit in any way any part of or the whole Service or produce derivatives of it. You agree not to tamper with the Service or to collect any data or source code from the Service. Any such attempt is a violation to these Terms and may without any prior warnings lead to termination of Your account and prohibition to create new accounts.
THIRD PARTY WEBSITES
RIGHTS AND OBLIGATIONS OF THE USER
As an RedFenix User, You will be able to grant other Users Internet access through Wi-Fi networks you have access to. Conversely, other RedFenix users will be able to grant You access to the Internet through Wi-Fi networks they have access to. When sharing Your own Wi-Fi network with others, it is Your responsibility to make sure this action is not in violation with the terms and conditions of Your contract with Your Internet service provider (ISP) or a violation of any third party’s rights to the Wi-Fi network. If You can access a Wi-Fi network not owned by You, You may only share this network with others through RedFenix if You have got the owner’s permission for doing so and informed the owner of the RedFenix Terms. You and/or the owner must also make sure the owner’s contract with the ISP is not violated by Your sharing of the network. RedFenix does not in any way assume responsibility for Your or another users’ compliance with ISP terms and conditions.
USE OF THE SERVICE
You have the right to employ the Service for personal or non-commercial use. We take all possible precautions to ensure secure use of the Service and Wi-Fi. However, We are in no way liable for someone being able to use, intrude, hack, destroy, or any unauthorized access to a Wi-Fi network. Neither can We be held liable for potential intrusions or hacks of a User’s device (such as smartphone, tablet computer, etc.) on which the Application is installed or any unauthorized access to networks that result from such action. Furthermore, RedFenix does not assume any responsibility for the functionality of the Wi-Fi networks or the functionality of the internet connection or hardware used by the User.
When You have gained access to the Internet through other RedFenix users’ Wi-Fi networks, You agree and warrant that you will not, and will not permit any third party to consume excessive amounts of bandwidth, be it for uploading or downloading. You also agree and warrant that you will not, and will not permit any third party to, use RedFenix to access or distribute any illegal content. Further, You agree and warrant that you will not, and will not permit any third party to, invade other RedFenix users’ privacy, or attempt to gain unlawful access to other users’ networks and routers.
If you believe that the Service are used for illegal purposes or for purposes which are not in accordance with these Terms of Service, please contact us at or RedFenix INC, 4111 NE 2nd Way Pompano Beach, FL, USA 33064-3514.
Your right to use the Service limits You to access only through the graphical user interface provided by Us. You are not allowed to attempt to gain unauthorized access to Our servers, computers, passwords, other Users’ accounts, User passwords, User data, or any other part or the whole of the Service.
We reserve the right to at any time deny a User access to the Service, terminate a User’s account, or ban a User if we have reason to believe that the User is in breach of the Terms.
INDEMNITY AND LIMITATION OF LIABILITY
You are liable to us for any damages caused to us, or any third party, due to your breach of these Terms of Service, including but not limited to the misuse of the Service. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us arising in any manner in relation to your breach of these Terms of Service.
To the extent permitted under mandatory law, we shall not be liable to you or any third party for any direct damages, indirect damages or any other damages of any kind including but not limited to loss of profit, loss of income, loss of revenue, business interruption or goodwill losses arising out of or in connection with these terms or the use or inability to use or access the Services or the Website. We are not liable to you for any claims made by third parties towards you.
CHANGE OF TERMS AND TERMINATION OF SERVICES
We have the right to make changes to these Terms of Service. We will inform you of any such changes at the latest thirty (30) days before a change starts to apply. We will give you such information by clear notice on the Website or by email to the email address provided by you.
You have the right to at any time and without prior notice terminate your user account.
We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of Service. Furthermore, we reserve the right at any time to modify, discontinue, temporarily or permanently cease providing the Service without prior notice at any time on our own discretion, or if required by law or decision by an authority. You agree that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
You may not transfer or assign any rights or obligations and licenses granted under these Terms of Service. We may transfer and assign these Terms of Service without your consent and without notice to you.
DISCLAIMER OF WARRANTY
The Website and the Service are provided ‘as is’ without warranty of any kind and your use of the Service is solely your responsibility. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, fitness for any particular purpose, suitability or accuracy of the Website or the Service. We advise you not to trust the accuracy of the Service and expressly disclaim all liability regarding the functionality of the Service.
There may be situations when the Service will not be accessible, including but not limited to necessary maintenance and circumstances outside our control, for which we shall never be liable.
GOVERNING LAW AND DISPUTES
If any provision of the Terms or its application is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or un-enforceability shall not affect any other provision in the Terms and shall be limited or excluded from the agreement to the minimum extent required so that the Terms shall otherwise remain in full force and effect.
The full agreement with the User as per the Terms shall be governed by the laws of Ecuador, without regard to its conflict of law rules, and any disputes that arise thereof shall be settled exclusively by Ecuadorian courts, in the city of Guayaquil as the first instance, unless otherwise provided by mandatory law.
Date of emission: 25. 10. 2018, Last Revision 04. 05. 2019
With ❤❤❤ Team RedFenix