Terms of Service
Accessing and Using the Services
FORCEFIELD offers certain parental monitoring and controlling software and mobile applications and platforms for use by parents and legal guardians of their children under the age of eighteen (18) to the extent such activity is permitted by applicable law or other applicable regulations. By registering an account and using the Services, including, without limitation, by downloading and installing FORCEFIELD applications onto a computer or mobile device utilized by your child, you are representing and warranting that: (1) you are over the age of eighteen (18), (2) you own the computer or mobile device utilized by your child where you are installing FORCEFIELD applications; and (3) you have the legal capacity to and do consent to the installation of FORCEFIELD applications onto your child’s computer or mobile device.
Customer Account Access
In order to utilize the Services offered by FORCEFIELD, including software and mobile applications and platforms allowing for the monitoring of your child’s online activity, you must register an account and provide all requisite information, including payment account information (even if there are no charges associated with your use of the Services). You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or your use of the Services; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Information Provided Via the Services
We attempt to ensure that information made available via the Services is complete, accurate and current. Despite our efforts, certain information may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our site. We reserve the right to amend the Services and/or our websites and applications without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, services, and, as applicable, prices of products and services described or depicted on or via the Services are subject to change at any time without notice. With respect to the Forcefield Curated Library, FORCEFIELD’s listing of websites is based solely upon its review as of a specified date and FORCEFIELD makes no representations, warranties or other claims concerning any changes to listed websites subsequent to its review.
By creating an account with us, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password). You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. In addition, you must: (a) log off from your account at the end of each session on our site and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security. You agree to accept responsibility for all activities that occur under your account.
Restrictions on and Termination of Use of the Services
- Collecting information about the Services and the users of the Services (outside of your own child) without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained via the Services, without our written consent;
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches or monitor our site or any portion thereof;
- Accessing or using the Services for competitive purposes;
- Disguising the origin of information transmitted to, from or through the Services;
- Impersonating another person or representative of an organization;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the Services;
- Using the Services for any purpose in violation of local, state, national or international laws or regulations;
- Using the Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and
Minors May Not Create an Account
In order to register an account, you must be at least18 years of age and older and able to form legally binding contracts under applicable law. By registering an account and otherwise utilizing the Services, you represent and affirm that you are at least18 years of age and older and able to form legally binding contracts under applicable law.
Links to Other Websites
The Services may provide links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from our site to gain access to other websites is at your own risk.
Intellectual Property Rights
Except where expressly stated otherwise, FORCEFIELD is the owner or the licensee of all intellectual property rights located via the Services, in the materials published or otherwise made available through the Services. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our site may be construed to confer any license or ownership right in materials published or otherwise made available through our site or our services, whether by estoppel, implication or otherwise. All rights not granted to you in these terms are reserved.
Copyright Infringement Notice:
All users of the Services represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material on our site constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are, or you represent, the proper copyright holder, or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by fax or regular mail, setting forth the following:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- detailed identification of the copyrighted work claimed to have been infringed;
- 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 us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you 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
- 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 copyright owner.
Copyright Infringement Notifications should be sent to [email protected]
FORCEFIELD Limited License for Software/Mobile Applications
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the FORCEFIELD applications in any way; (ii) modify or make derivative works based upon the FORCEFIELD Services or applications; (iii) create Internet “links” to the Services or “frame” or “mirror” the FORCEFIELD applications on any other server or wireless or Internet-based device; (iv) reverse engineer or access the FORCEFIELD applications in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or FORCEFIELD applications, or (c) copy any ideas, features, functions or graphics of the Services or FORCEFIELD applications, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Services or FORCEFIELD applications.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (v) attempt to gain unauthorized access to the Services or its related systems or networks.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE SERVICES ARE PROVIDED “AS IS,” AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS WITH REGARD TO OUR SITE AND OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND QUALITY OF OUR PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE OR SERVICES, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
Governing Law & Exclusive Venue
FORCEFIELD ONLINE, INC.
5055 Wilshire Blvd., Suite 330
Los Angeles, California 90036