Web Site Terms of Use

Effective Date: September 20, 2013


Levtec LLC,  (“"we," "us", or “Levtec”) operates the www.morphfire.com site (the "Site"). We offer the Site to you, the user, conditioned on your acceptance of the terms, conditions, and notices contained or incorporated by reference herein and such additional terms and conditions, agreements, and notices that may apply to any page or section of the Site.


Overview
Your use of the Site constitutes your agreement to all terms, conditions, and notices governing the use of or access to the Site (these "Terms of Use"). Please read these Terms of Use carefully. By using this Site, you agree to these Terms of Use as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible via the Site.


Restrictions on Use of the Site
You may use the Site, the Content (as hereinafter defined), as well as the products or services available through the Site only in accordance with these Terms of Use, any applicable Additional Terms (as hereinafter defined), and all applicable laws and regulations. For the purposes of these Terms of Use, the term "Content" shall mean all text, graphics, images, materials, or other content posted on, displayed by, or offered on or through the Site. For the purposes of these Terms of Use, the term "User Content" shall mean all text, graphics, images, files, materials, or other content posted on the Site by you or any other user of the Site.  For the purposes of these Terms of Use, the term “Additional Terms” shall mean all other terms and conditions, including without limitation, the Privacy Policy and Legal Disclaimer.


By uploading files of any kind, posting messages, inputting data or posting any other form of User Content to or through this Site, you represent and warrant that you are the owner of such User Content or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose. You grant “us” and its successors and assigns an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your User Content, in any and all media now known or later developed. You waive all rights to any claim against us for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content.


As a condition of using the Site, you agree that you will not:

  • Without prior written consent  from “us” modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
  • Other than for your use of the Site, access or attempt to access any system or servers on which the Site is hosted or modify or alter the Site in any way;
  • Submit, display, or transmit any User Content via the system or services on which the Site is hosted in violation of any copyright, trademark rights, rights of publicity or privacy or other proprietary rights of any third party, or your contractual obligation to any third party, or in violation of applicable, law, rules, and regulations;
  • Submit, display, or transmit any User Content that exceeds capacity limits or that you do not own or have the necessary and appropriate rights to submit, display, or transmit;
  •  Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
  • Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or User Content transmitted to or via the Site;
  • Use the Site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
  • Publish, post, display, offer, or disseminate any profane, obscene, indecent, offensive, unlawful, terroristic, violent, or hateful User Content or any User Content reflecting negatively on the Site or the operators of the Site;
  • Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Site;
  • Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs; or Restrict or prevent any other user from using the Site and/or any products or services offered on or through the Site.


Modification of the Site and These Terms & Conditions
We  reserve the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Site is offered including these Terms of Use and the services, features, links, and Content offered on or through this Site at any time and from time to time without notice or further obligation to you. By your continued use of the Site following such changes, modifications, alterations or updates, you agreed to be bound by such changes, modifications, alterations or updates.


Trademarks and Copyrights
Morphfire is a trademark of Levtec and all rights are reserved to Levtec. All content included and graphic information contained on this site are the property of Levtec and protected by United States and international copyright laws.  Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form or by any means without the prior written permission from us. Unless otherwise agreed in writing, you may not copy, display, or post any Content offered via this Site on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices on any Content offered via this Site.


Third Party Content
Levtec  does not represent, endorse or guarantee the truthfulness, accuracy or reliability of any opinion, statement or material displayed or distributed through this Site by a third party. You understand that by using this Site you may be exposed to material you find offensive or objectionable, and in this respect your use of the Site and your reliance upon any third party opinion, statement or material displayed or distributed through this Web Site is at your own risk. Levtec shall have no responsibility for the conduct, on-line or off-line, of any user, visitor to or participant in the Site.


Links to Third Party Sites
The Site may contain links to web sites operated by third parties. Such links are provided for your reference only. We do not control such web sites, and is not responsible for the content of such web sites. The inclusion of links to such web sites does not imply any endorsement of the content on such web sites. If you decide to access any third party web sites, you do so entirely at your own risk, and you may be subject to the terms and conditions of such third party web sites.


Privacy
Levtec respects the privacy of users of its Site. Please refer to the Privacy Policy for information on users’ rights and responsibilities with respect to information disclosed to us by clicking here.


Forms, Registrations, and Passwords
If any of the services or Content provided on or through this Site require you to open an account, register, or provide certain information, you agree to complete the account initiation, registration, or other process by providing “us” with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information.


You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify “us” immediately of any unauthorized use of any Password that is not issued directly to you or approved by “us”. You acknowledge and agree that Levtec, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you.


Levtec shall not be responsible for, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.


Monitoring
Levtec has no obligation to monitor this Site or any portion thereof. However, Levtec reserves the right to review any User Content and remove, delete, redact or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you.


DISCLAIMER
ALL CONTENT OR USER CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEVTEC  DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY US  OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LEVTEC, DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.


LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEVTEC , ITS EQUITY OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE, SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT “WE” WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LEVTEC, ITS EQUITY OWNERS, MANAGER, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY USER CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; OR (3) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) LEVTEC’S  PRIVACY POLICY; (C) ANY OTHER ADDITIONAL TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS.


Personal & Non-Commercial Use Limitations
This Site is for your personal and non-commercial use. Except with the prior written consent, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer or sell any Content, information, software, products, or services obtained from this Site. The Content available through this Site is the sole property of Levtec, or its licensors and is protected by patent, copyright, trademark, trade secret and other applicable intellectual property laws. Except as otherwise explicitly agreed in writing by Levtec, Content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only.


Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Levtec as a result of these Terms of Use, any Additional Terms, or use of the Site, the Content, or any products and/or the services available through the Site. Levtec’s performance of these Terms of Use and any Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms of Use or any Additional Terms shall alter Levtec’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by “us” with respect to such use. These Terms of Use and any Additional Terms constitute the entire agreement between you and Levtec with respect to the use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and “us” with respect to the Site. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We welcome your feedback. Any comments or questions should be sent to here