Brushfire Terms & Agreements
Section 1 - About Our Organization
Brushfire is an online ticketing and registration platform for ministry-related organizations. For over 13 years Brushfire has served event organizers who are making a difference through events.
1.2 Software and Services
This site and software are owned and operated by E-vent Software, Inc., dba Brushfire Technology (hereafter referred to "Brushfire"). Brushfire websites and domains, including brushfireapp.com, mobile applications, application program interface, and all web pages contained within these websites, are offered, maintained, and provided by Brushfire. We refer to all of these as our “Service.”
E-vent Software, Inc. is a Texas for-profit corporation; our principal mailing address is P.O. Box 77122, Fort Worth, TX 76177. If you are a resident of the European Union, E-vent Software, Inc. is the responsible party or data controller with respect to Personal Data (as defined below) collected through the Service.
Certain aspects of the Brushfire Service are operated on behalf of the organizations (“Clients”) who pay to use Brushfire online ticketing and registration platform as event organizers offering tickets, registrations, donations, products, and other related services on behalf of their organization to end-users (“Customers”). When applicable, Brushfire and its Clients shall be collectively referred to as “We” or, possessively, “Our.” Visitors to the Brushfire Service, including Clients and Customers, shall be herein referred to as “Users” or “you.”
Section 2 - Privacy Priority
Section 3 - Collection of Your Personal Data
When using the Service, We may collect Personal Data, as outlined below:
Brushfire collects Personal Data about you when using the Service, not limited to, creating a User account, submitting a customer service inquiry to Brushfire or Clients, and other miscellaneous interactions. The Personal Data collected can include name, phone, email, address, and other data used to identify you.
When using the Service, We may collect data about your computer or device hardware and the software used to access the Service. This information can include: your IP address, browser type, domain names, access times, referring website addresses and other statistical or technical data about your hardware and software. This information is used for the operation of the Service, to maintain quality of the Service, and to provide general statistics regarding use of the Service.
Customer Personal Data will be collected to facilitate payment, in any amount, through the Service, as required by Clients. Customer Personal Data may also be collected as part of registration or participation in Our use of the Service to organize events and other related activities. Brushfire release and transfer of your Personal Data with Clients is outlined below in Section 5 - Disclosure and Transfer of Your Personal Data.
Section 4 - Use of Your Personal Data
We use your Personal Data to operate the Service. We may use your Personal Data as follows:
4.1 Direct Response
We may use your Personal Data to communicate with you regarding the original use for which you provided such information.
4.2 Use of Service
We may use your Personal Data to provide you with access of use to the Service or any of it’s functionality as deemed necessary by Brushfire or Clients.
4.3 Internal Tracking
We may use your Personal Data to keep track of the websites and pages you visit within the Service, in order to determine what parts of the Service are the most popular. Your Personal Data may also be used to deliver customized content and advertising within the Service, when your previous interaction with the Service indicates that this may be beneficial to you.
4.4 Communication to Customers from Clients
Brushfire allows Clients to communicate with Customers by email that are presently interacting with or have interacted with the Service in the past.
4.5 Additional Use
Section 5 - Disclosure and Transfer of Your Personal Data
Brushfire has not in the past, does not currently, and will not in the future sell, rent, or lease your Personal Data to Clients or third parties.
5.3 Business Operations
5.5 Third Party Connections
Users will be able to connect their Service account to third party accounts, not limited to, Facebook, Twitter, Google, and common Church Management Software services. We may share and disclose your Personal Data with your third party account provider.
5.6 Legal Disclosure and Transfer
We also may be required to disclose your Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Brushfire will disclose and transfer your Personal Data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Brushfire or the Service; (b) protect and defend the rights or property of Brushfire; and, (c) act under exigent circumstances to protect the personal safety of users of Brushfire, Clients, Customers, or the public.
5.7 Further Transfer and Liability
If We ever were to engage in any onward transfers of your Personal Data with third parties for a purpose other than which it was originally collected or subsequently authorized, we would provide you with an opt-out choice to limit the use and disclosure of your Personal Data.
Our accountability for Personal Data that Brushfire receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, We remain responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the Personal Data on its behalf do so in a manner inconsistent with the Principles, unless We prove that it is not responsible for the event giving rise to the damage.
Section 6 - Security and Storage of Your Personal Data
Section 7 - Your Access to Your Personal Data
You have a right to access your Person Data stored in Brushfire. If you are registered with a Service account, you can access your Peresonal Data at any time by signing in to the Service at https://brushfireapp.com/signin and visiting the Profile or My Orders page. Any Client or Customer may contact Brushfire at any time to access, update, correct, or delete Personal Data through our online help desk at https://help.brushfireapp.com.
We acknowledge that EU individuals have the right to access the Personal Data that we maintain about them. An EU individual who seeks access, or who seeks to correct, amend, or delete inaccurate Personal Data, should submit their query to our online help desk at https://help.brushfireapp.com. If requested to remove Presonal Data, we will respond within a reasonable timeframe.
Section 8 - Data Retention
We may retain your Personal Data as long as you are registered with a Service account or if you have been a Customer of Clients. You may close your account by making a written request through our online help desk at https://help.brushfireapp.com. After closing your account, We may retain your Personal Data in accordance with the practice of legitimate business purposes of the Service or Clients.
A Cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline Cookies. Most web browsers automatically accept Cookies, but you can usually modify your browser settings to decline Cookies if you prefer. If you choose to decline Cookies, you may not be able to fully experience the interactive features of the Service.
Section 10 - Choices Concerning Your Personal Data
You have choices when protecting the Personal Data you provide to the Service and Clients.
10.1 Limit Your Personal Data
You can browse and visit the Service without providing Personal Data. In order to register an account with the Service or complete a transaction through the Service you will be required to provide Personal Data. You may not be able to use the full extent of the Service if you do not choose to provide the Service or Clients with your Personal Data.
10.2 Opt-Out and Unsubscribe
(a) Service Communications
Service Communications are directly related to transactions or a Customer and their use of the Service, including but not limited to, password resets and confirmation emails. You are unable to opt-out of transactional or related communications regarding your use of the Service.
(b) Client Communications
Client Communications are communications regarding non-transactional information from Clients to Customers using the Service. You may opt-out of receiving communications through the Service from Clients that are not Service Communications as defined above. To opt-out or unsubscribe from Client Communications, without affecting the delivery of Service Communications, a single-click unsubscribe link is provided in the footer of every email sent by Clients to Customers.
(c) Cease All Communications
You may request that We cease all communication from the Service through our online help desk at https://help.brushfireapp.com.
Section 11 - Children
Brushfire does not knowingly collect Personal Data from children under the age of thirteen. If you are under the age of eighteen, you must ask your parent or legal guardian for permission to use the Service.
Section 12 - International Usage
12.1 Service Location
The Service is controlled, operated and administered by Brushfire from within the United States. All interactions with the Service, including the transmission of Personal Data, involves sending information to our servers located in the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws in regards to the transmission of your Personal Data.
12.2 EU-US Privacy Shield
Section 14 - Complaints or Disputes
E-vent Software, Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission. If you have a complaint about how We have handled your Personal Data or Brushfire privacy practices, please contact us in writing at:
Attn: Privacy Officer
P.O. Box 77122
Fort Worth, TX 76177 USA
Or by email to firstname.lastname@example.org. We will take all necessary and reasonable steps to work with you to attempt to resolve your complaint.
14.2 Dispute Resolution
Attn: Privacy Officer
P.O. Box 77122
Fort Worth, TX 76177 USA
+1 (866) 825-8252
E-vent Software, Inc. has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
When processing payments each period (according to the procedures specified in the Automatic Recurring Billing Agreement) for an organization ("Your Organization") using Brushfire ("Brushfire"), Brushfire will apply the following guidelines to calculate usage fees:
All events are billed at a per-attendee rate that is a combination of a fixed amount per attendee and a percentage of the attendee price. These values vary based upon services offered and are often negotiated on a per organization and per event basis.
The current billing rate for an event is comprised of several components associated with enabled features, special payment methods, or both. The current billing rate for any event for Your Organization can be seen in detail on the "Billing" tab in the dashboard for that event. The aggregated rate for each event is also displayed on the R900 Billing Summary report that can be generated for any period from Your Organization's Billing page.
Each period will only be billed for attendees that registered during that period.
A paid attendee in this context is an attendee who has a positive, non-zero "Price." The Price is defined as the sum of (1) the base price of the attendee and (2) any add-ons (additional features attached to the attendee that increase/decrease the base price) across all transactions for the specified period.
Paid attendees will be subject to the per-attendee rate (flat + percentage) that has been set for this event.
Percentage fees are calculated based upon the Price as defined above. Discounts, taxes, delivery charges, or penalties are never involved in calculation of fees.
A free (or comped) attendee in this context, therefore, is an attendee who has a zero Price as defined above. Please note that a discounted attendee (even 100%) is not the same as a free attendee by this definition, and is therefore still subject to the fees (calculated against the original Price) associated with paid attendees.
Free attendees are not subject to any fees unless other features (call center service, advertising, etc) have been enabled or another structure has been negotiated.
Brushfire provides You with the ability to pass on Brushfire fees or assess your own fees to the customer during checkout. Free attendees (as well as 100% discounted attendees) are never charged a fee during checkout regardless of what fee structure is set for the event.
Brushfire fees will be assessed on all attendees as outlined above and will not be refunded for any cancelled attendees (except for "Exchange" and "Consignment" sales as described below).
There are two payment methods in Brushfire called "Exchange" (used when doing an even-dollar-amount switch for an attendee) and "Consignment" (used for offline sales where unsold tickets are then returned to Brushfire). Since these two payment methods are explicitly designed for use-cases involving refunds, only attendees that are never refunded to Brushfire will be assessed fees.
If an event is canceled, all of the above rules still apply to attendees registered prior to the event being canceled. This is because Brushfire's services were used to create the event, register the attendees, AND cancel the attendees. Additionally in certain circumstances, Brushfire may assess a one-time fee of up to $1000.00 USD for its time and involvement in a canceled event if we have participated heavily in the setup and configuration of the event.
Active product storefronts are billed a flat, monthly rate regardless of volume of products or transactions.
Miscellaneous costs (e.g. hardware, travel, manual adjustments) will be applied to each invoice and are not connected to any specific event or store.
Any manually created refunds, discounts, or other adjustments will be issued as future credits or charges. No transfers originating from Brushfire to Your Organization will be made.
Anytime there is a change in fee structure for Your Organization or any store or event within Your Organization, You and the Billing Contact will receive email notification detailing the changes and comparing the current structure to the previous structure. You hereby agree that notification serves as both confirmation of the change and Your agreement to the change as outlined in the notification. If You object to the change made by a Brushfire employee or You or the Billing Contact did not initiate the change, you may contact Brushfire immediately via the methods specified in the notification email to ensure that the rates are set correctly and matching the desires of both You and Brushfire.
Currently, all of Brushfire's billing is done in U.S. Dollars. Our international conversion rates are outlined below so that you might accurately budget for your event's cost. We update these rates quarterly in January, April, July, and October. The rate for your event will be set when the event is created and it will remain at that rate even if the event occurs in some future quarter. This is so that you can budget for your event with a known rate and it will not fluctuate for that event.
|Country/Currency||U.S. Rate||Set Conversion Value|
|Australia (AUD)||$1.50 USD||$2.10 AUD|
|Canada (CAD)||$1.50 USD||$2.00 CAD|
|Euro (EUR)||$1.50 USD||€1.43|
|Mexico (MXN)||$1.50 USD||$31.00 MXN|
|South Africa (ZAR)||$1.50 USD||R 21.00|
|Ukraine (UAH)||$1.50 USD||₴41.00|
|United Kingdom (GBP)||$1.50 USD||£1.20|
- Rates may vary by organization
Changes to Billing Terms
Brushfire reserves the right, in its sole discretion, to change the Billing Terms outlined above. The most current version of the Terms will supersede all previous versions and are effective according to the date that the commit was issued. To view commit history for these terms, please visit this page. Brushfire encourages you to periodically review these Billing Terms to stay informed of our updates.
Brushfire welcomes questions or comments in writing regarding these Billing Terms. Please contact Brushfire in writing at:
PO Box 77122
Fort Worth, Texas 76177
Automatic Recurring Billing Agreement
Automatic Recurring Billing Agreement between Brushfire ("Brushfire") and the organization using Brushfire ("Your Organization") including the person acting as the owner ("You") for Your Organization and/or the person acting as the billing contact ("Billing Contact") for Your Organization.
Please read this agreement carefully and in full before agreeing to create an account for Your Organization and authorize recurring payments. Please verify that all information provided is complete and accurate before confirming Your agreement.
Frequency of Payments
All plans are billed monthly ("Period"), on the first day of the Period for the upcoming Period. The first period begins upon creation of the account and will include any applicable one-time fees as well as pre-payment of the first Period's service. You and the Billing Contact will receive a confirmation email at the conclusion of each Period at the email address specified for each of you. You will not receive any advance notice of a payment but You and the Billing Contact will receive post-payment confirmation by email. You and the Billing Contact will also receive confirmation by email if there is no balance or a negative balance on the account at the conclusion of each period.
At the beginning of each Period, payment will be charged for the upcoming Period's service as well as any usage charges incurred during the previous Period. Usage charges are billed according to the parameters specified for each event or store on the date and time that the payment is charged.
Brushfire supports payment via three methods: Credit/Debit Card, ACH (Direct Debit), or traditional invoice. Recurring credit/debit card payments are processed securely through a partnership with Stripe (https://stripe.com). ACH (Direct Debit) payments are processed securely through a partnership with Dwolla (https://dwolla.com). Credit/Debit Card and ACH payments are processed automatically as described in the "Frequency of Payments" section. Traditional invoices are sent on the first day of the period as if they were processed automatically. Invoices are due upon receipt and should be paid by check addressed to the Brushfire as described at the top of the invoice.
By entering or changing your payment method's information on Your Organization's Billing page, you are authorizing Brushfire to process payment each period as outlined elsewhere in this document. Payment methods can be changed at any time from Your Organization's Billing page. Brushfire may, at its sole discretion, choose to limit Your Organization's options for payment methods to any subset of the three total methods.
Automatic Recurring Payment Failure
Payment will be retried according to the following schedule at the beginning of each period: Five (5) days after first failure, five (5) days after the second failure, and then five (5) days after the third failure. If Your automatic recurring payment is declined or fails for any reason on the fourth and final attempt, You and the Billing Contact will be contacted via email at the address provided for your organization and Your Organization's account will be closed and deactivated so that no further activity or sales can occur from within Brushfire. You may log in at any time prior to your account being deactivated to correct or change the payment information on the Organization Billing Page. Upon correcting the payment information, the previously failed payment amount will be re-attempted, but future Periodic billing dates will not change from their originally scheduled cycle.
Cancellation of Account and Automatic Recurring Payment
You have the right to change Your payment method or withdraw Your consent to this Automatic Recurring Payment at any time. Doing so will cancel and deactivate Your Organization's account from all use. You will be logged out and all other user accounts will be prevented from logging in. To cancel Your Organization's account at any time, visit Your Organization's Billing Page in Brushfire and select the option to cancel Your Organization's account. Your request to cancel Your Organization's account will be processed immediately but no charges will be refunded and any overages or other charges incurred up to the point of cancellation will be charged to the currently selected payment method at that time. No refunds for negative balances will be issued.
Re-establishing Account and Automatic Recurring Payment
You may reopen Your account at any time by contacting Brushfire customer service at email@example.com. At this point, Your Organization's account will be reactivated and a new billing cycle will be established. You will be billed any applicable one-time fees as well as the first Period's pre-payment for that Period (often no charge). Billing will continue under the guidelines described above just as if a new account had been created.
Changing Payment Method for Automatic Recurring Payment
If You would like to change Your payment method, You may do so at any time on Your Organization's Billing page in Brushfire. The change will be processed immediately and any future payments will be charged to the updated payment method. If there were pending/failed charges on the old payment method, they will now be immediately charged to the new payment method.
Changing Plan and Automatic Recurring Payment
You may change plans up (upgrade) or down (downgrade) to any other available plan at any time from Your Organization's Billing page within Brushfire. All plan changes happen immediately and take effect immediately and are retroactive to the beginning of the current Period, therefore any overages will be calculated at the end of the current Period based upon the parameters of the newly selected plan. Any increases or decreases in charges will be incremental based upon the difference in the newly selected plan and the previously selected plan. No refunds will actually be issued to the specified Payment Method in the case of a credit. Any negative balances will be carried forward to the next Period and applied to the next Period's invoice total.
Future Change and Access to Agreement
Brushfire reserves the right, in its sole discretion, to change the Automatic Recurring Billing Agreement outlined herein. The most current version of this Agreement will supersede all previous versions and are effective according to the date that the commit was issued. To view commit history for this Agreement, please visit this page. Brushfire encourages you to periodically review this agreement to stay informed of our updates.
Duration of Contract
This Agreement is not transferable outside of Your Organization and must be agreed to by the person authorized on the Brushfire account (You), by checking "I accept these terms" when You create Your Organization's account. You also guarantee and warrant that You are the legal accountholder for this credit card or checking account, and that You are legally authorized to enter into this recurring billing agreement with Brushfire. You agree to indemnify, defend and hold Brushfire harmless, against any liability pursuant to this authorization. You also agree that You will not dispute any charges from Brushfire unless You have already attempted to rectify the situation directly with Brushfire and those attempts have failed. Lastly, You agree to all details of the plan You have selected and agree to be bound by those parameters.
Brushfire welcomes questions or comments in writing regarding this Automatic Recurring Billing Agreement. Please contact Brushfire in writing at:
PO Box 77122
Fort Worth, Texas 76177
This site is owned and operated by Brushfire (E-vent Software, Inc.) (hereafter referred to "Brushfire"). This document applies to all pages contained within the brushfireapp.com domain (the "Site" or the "Service"). Herein, the organization who enlists our services to create and/or manage their web site shall be referred to as the "Client". Collectively, Brushfire and its Clients shall be referred to as "We" or, possessively, "Our." Visitors to one of our sites shall be herein referred to by either "User" or "Customer." The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting the Site or sending emails to Brushfire constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Brushfire is not responsible for third party access to your account that results from theft or misappropriation of your account. Brushfire and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Brushfire does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under eighteen (18), you may use the Site only with permission of a parent or guardian.
Links to third party sites/Third party services
the Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Brushfire and Brushfire is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brushfire is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brushfire of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the the Site domain, you hereby acknowledge and consent that Brushfire may share such information and data with any third party with whom Brushfire has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Brushfire or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Brushfire content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Brushfire and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Brushfire or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Brushfire has no obligation to monitor the Communication Services. However, Brushfire reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Brushfire reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Brushfire reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Brushfire's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Brushfire does not control or endorse the content, messages or information found in any Communication Service and, therefore, Brushfire specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Brushfire spokespersons, and their views do not necessarily reflect those of Brushfire.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to the Site or posted on any Brushfire web page
Brushfire does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Brushfire Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Brushfire, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Brushfire is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Brushfire's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Brushfire from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Brushfire Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Brushfire, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Brushfire reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brushfire in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRUSHFIRE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BRUSHFIRE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRUSHFIRE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Brushfire reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brushfire as a result of this agreement or use of the Site. Brushfire's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brushfire's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Brushfire with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brushfire with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brushfire with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Brushfire reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions and are effective according to the date that the commit was issued. To view commit history for these terms, please visit this page. Brushfire encourages you to periodically review the Terms to stay informed of our updates.
Brushfire welcomes questions or comments in writing regarding these Terms. Please contact Brushfire in writing at:
PO Box 77122
Fort Worth, Texas 76177