Terms of Service - Spitfire Mini Series-Spitfire Mini Series

These Terms of Service were most recently updated on [October 24^h, 2023]

The following terms and conditions which include our Acceptable Use Policy (collectively, these “Terms of Use“) are a binding legal agreement between you and Spitfire, Inc. its subsidiaries and affiliated companies (“Spitfire” or “we“) that govern your use of:

(i) the website located at http://www.bio2click.com (the “Site“), including all services, features and content accessible or downloadable from the Site, and
(ii) any other Spitfire application (including mobile applications), service or product licensed, downloaded or otherwise accessed by you through third party websites or sources

(i) and (ii) collectively, the “Service“. The Service is strictly for consumers and not for use by users under 13 years of age.

Please also review our Privacy Policy at http://www.bio2click.com/privacy-policy which tells you how we use your personal.

We recommend that you print a copy of these Terms of Use for future reference.

A. Your Acceptance of the Terms of Use:

Please carefully read these Terms of Use, which affect your legal rights and obligations. These Terms of Use tell you who we are, how we will provide you the Service, how you and we may change or end this contract, what to do if there is a problem and other important information.

By registering for a user account which enables you to use the Service and/or by posting online content (“Account“) or otherwise using the Service, you represent that (1) you are age 13 or older (16 or older in the European Union/European Economic Area), (2) you fully understand and agree to these Terms of Use, and (3) if you are below the ages of 13 older (16 older in the European Union/European Economic Area), your legal guardian has reviewed and agreed to these Terms of Use.

IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Spitfire reserves all rights to change or modify these Terms of Use at any time at its sole discretion. Any such change or modification will be effective immediately upon posting on the Site or mobile application, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. Every time you wish to use our Service, please check the Terms of Use to ensure you understand what terms apply at that time. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT Spitfire SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.

Except as may be expressly specified otherwise by Spitfire with respect to paid portions of the Service, Spitfire reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, to reflect changes to our products, our users’ needs and/or our business priorities, without notice and liability.

B. Information about us and how to contact us:

2.1 Who we are. We are Spitfires Inc. a company registered in [Québec, Canada]. Our registered office is at [937 Boul. Décarie, Suite 216, St-Laurent, Québec H4L 3M3].
2.2 How to contact us. You can contact us by writing to us at [[email protected]].
2.3 How we may contact you. If we have to contact you, we will do so by email you provided to us in your Account.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms of Use, this includes emails.

C. Relationship to Other Agreements:

Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements (“Third Party Agreements“), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source (e.g. Google; Apple). In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to Spitfire or any aspect of the Service, these Terms of Use will control.

D. User Accounts:

Upon registering an Account with us you also may be required to provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, you are deemed to be in breach of these Terms of Use, and Spitfire has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.

Each user of the Service is allowed a maximum of one Account per electronic device embedding a mobile operating system (“Device“). You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided herein. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify Spitfire of any unauthorized use of your password or Account or any other breach of security.

E. Rights to Use the Service:

Right to Use: Subject to your complete and ongoing compliance with these Terms of Use, Spitfire hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and display, solely for your personal, non-commercial use, solely on a single Device:

(a) such portions of the Service as are freely accessible from the Site or that are, with Spitfire’s authorization, made freely accessible from third party websites or sources such as the mobile application, and

(b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis.

Subscriptions: You may be required to make payments to access certain portions of the Service that are provided as subscriptions. You are responsible for all such payments and related payment obligations under these Terms of Use. All such payments from you are subject to these Terms of Use and conditions of the relevant payment service. Spitfire bears no responsibility for any transactions processed by, or any payments made to, a third party. You acknowledge that pricing and availability of subscriptions provided by Spitfire in connection with the Service are subject to change at any time.

Spitfire may from time to time make available payment methods to you for automatic, recurring or subscription-based charges. Where Spitfire does so, you agree that (subject to applicable laws and regulations): (i) such purchases or payments are generally made by you on an advance basis; (ii) you authorize Spitfire to save your chosen payment method’s information (for example, credit card information) on our systems and bill your chosen payment method for the relevant time periods; (iii) if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason, Spitfire may not provide you with, or suspend our provision of, the relevant content until payment is properly processed; and you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts).

You agree that any payments you make to Spitfire in relation to your subscriptions are final and non-refundable, except where specified under these Terms of Use. OTHERWISE, IN NO CIRCUMSTANCES SPITFIRE WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION with the Service (WHETHER USED OR UNUSED).

If you believe that Spitfire has charged you in error, and subject to applicable laws and regulations, please contact Spitfire at [[email protected]] within 30 days of the date of the relevant charge and no refunds will be given for any erroneous charges after such 30 days period.

Payment processing services are provided by third-party services through which a purchase is made. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location.

Transferring your Account: When using our mobile application, you may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by Spitfire through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred.

You agree not to, and not to attempt to, (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Spitfire or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of this Section E, Spitfire reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with these terms and conditions, including without limitation by charging fees for such license.

F. Service Materials, Ownership, Trademarks and Feedback:

Service Materials: Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, Spitfire and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials.

“Service Materials” means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).

You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the Canada and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by Spitfire and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Spitfire and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).

Spitfire Marks: The term Spitfire, the Spitfire logo and other Spitfire, Inc. logos and product and service names are trademarks and service marks of, and are owned by, Spitfire (the “Spitfire Marks“). Except as expressly set forth herein, you may not use or display such trademarks in any manner without Spitfire’s prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Spitfire trademarks or service marks as “metatags” on other websites is prohibited.

You may not use the Spitfire Marks to disparage Spitfire and its services. You may not use the same in any manner that may damage any goodwill in the Spitfire Marks. All goodwill generated from the use of the Spitfire Marks will inure solely to Spitfire’s benefit.

Feedback: If you provide Spitfire with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback“), you agree that such Feedback shall be the exclusive property of Spitfire, and you hereby assign all rights, title and interest in and to such Feedback to Spitfire. You agree that unless otherwise prohibited by law, Spitfire may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

G. User Content:

The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Spitfire and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content“). Spitfire may but has no obligation to accept, display, review, maintain or otherwise exploit any User Content.

You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Spitfire reserves the right to but has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Spitfire makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Spitfire be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.

Notwithstanding the foregoing, Spitfire reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may report User Content that you believe violates these Terms of Use, or other inappropriate user behavior to Spitfire’s attention by clicking on the “report” button next to the comment box or by contacting us through [email protected]

H. Your Content:

User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that on termination of your Account, we may delete Your Content and will not be returning Your Content to you in a consolidated format.

You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without Spitfire incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Spitfire does not claim any ownership rights in Your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.

You hereby grant to Spitfire a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Spitfire the right to sublicense and authorize others to exercise any of the rights granted to Spitfire under these Terms of Use. Subject to termination and deletion of your account, you further perpetually and irrevocably grant Spitfire the unconditional right to use and exploit your account name, persona and likeness (as described in the Privacy Policy) included in any User Content and in connection with any User Content, without any obligation to you. Please review our Privacy Policy [http://www.bio2click.com/privacy-policy] to make sure that you understand how we will process your personal data. To the extent permitted by law, you waive, and/or agree not to assert, any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.

Spitfire has no obligation to monitor or enforce your intellectual property rights in or to Your Content.

I. Intellectual Property

Except for User Content, the content that Spitfire provides in connection with the Service may be protected by copyright or other intellectual property rights, and owned by Spitfire or third parties. You obtain no copyright or other interest in connection with your use of the Service.

You are expressly prohibited from engaging in monetization or profiting from your use of the Service.

Spitfire hereby reserves all rights not expressly granted to you in these Terms of Use.

J. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

Spitfire respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.

Spitfire’s intellectual property policy is to remove or disable access to material that Spitfire believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service.

Spitfire has discretion to terminate the Account of any user after receipt of a single notification of claimed infringement or upon Spitfire’s own determination.

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Copyright Agent identified below. Your Notification of Claimed Infringement may be shared by Spitfire with the user alleged to have infringed a right you own or control, and you hereby consent to Spitfire making such disclosure. Your communication must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
Identification of the specific 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 Spitfire to locate the material;
Information reasonably sufficient to permit Spitfire to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the 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 owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.

Spitfire’s Copyright Agent (DMCA designated agent) for receipt of Notifications of Claimed Infringement can be contacted at:

Via email:

[email protected]

Regarding counter notification, if you receive a notification from Spitfire that material made available by you on or through the Service has been the subject of a notification of claimed infringement, then you will have the right to provide Spitfire with what is called a “counter notification.” To be effective, a Counter Notification must be in writing, provided to Spitfire’s Copyright Agent through one of the methods identified above and include substantially the following information:

A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the Canada, then for any judicial district in which Spitfire may be found, and that the subscriber will accept service of process from the person who provided notification under Section 9.d above or an agent of such person.

A party submitting a counter notification should consult a lawyer to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

If you submit a counter notification to Spitfire in response to a notification of claimed infringement, then Spitfire will promptly provide the person who provided the notification of claimed infringement with a copy of your counter notification and inform that person that Spitfire will replace the removed User Content or feedback or cease disabling access to it in 10 business days, and Spitfire will replace the removed User Content or feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless Spitfire’s Copyright Agent receives notice from the party that submitted the notification of claimed infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Spitfire’s system or network.

The Canada Copyright Act provides that:

Any person who knowingly materially misrepresents under [the Copyright Act] that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Spitfire reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

K. Restrictions and Rules of Use:

As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use set forth in this Section and in our Acceptable Use Policy which forms part of these Terms of Use as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.

The Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

You are responsible for configuring your information technology, computer programs and platform to access the Service and you should use your own virus protection software.

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service, the Site or mobile application on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

L. Virtual Currency and Goods:

The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, “Virtual Currency“). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, “Virtual Goods“).

Spitfire reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and Spitfire shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service’s Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Spitfire. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Spitfire, any other user of the Service or any other party.

You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by Spitfire in its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon Spitfire’s discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and Spitfire will have no liability to you in connection therewith.

M. Posting On Other Websites and Linking to the Service:

Subject to these Terms of Use, Spitfire agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as Spitfire may authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website

(i) is not a commercial competitor of Spitfire,
(ii) does not criticize, or take other actions that could reasonably expected to result in harm to, Spitfire,
(iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction,
(iv) does not charge for access to such content and does not associate products, services or advertising with such content, and
(v) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third party website, an “Authorized Website“).

The foregoing license is expressly conditioned on your accompanying each such posting with both (i) a link to http://www.bio2click.com and (ii) the statement “Copyright Spitfire All Rights Reserved. Used With Permission.” on every page on which the posting appears.

Spitfire agrees to grant you a non-exclusive, limited license, revocable at Spitfire’s discretion, for you to link to Spitfire’s home page from any Authorized Website. You may not display the Service or any portion thereof in frames or “in-line links” without express written permission from Spitfire.

N. How we may use your personal information

Your privacy matters to us. We will only use your personal information as set out in our [http://www.bio2click.com/privacy-policy]. Please review our Privacy Policy to make sure that you understand our practices.

O. Termination:

These Terms of Use will remain effective until terminated by either party.

Your rights to end the contract: You may terminate these Terms of Use at any time and for any reason by (a) contacting Spitfire through [email protected] notifying us of your termination, (b) deleting or otherwise destroying all Service-related materials; and (c) ceasing use of the Service.

Our rights to end the contract: Spitfire may terminate these Terms of Use, your Account and your access to the Service (or, at Spitfire’s sole option, applicable portions of the Service) at any time and for any reason. Spitfire may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that Spitfire is not required to provide you with any such notice or warning prior to any such termination under this Section.

Deactivation or termination of your Account: if your Account has been inactive for one year or more, Spitfire may deactivate or terminate your Account at its sole discretion. You further agree that on such deactivation or termination of your Account, Spitfire may delete Your Content and information, and will not be returning Your Content to you in any way. Spitfire will not be responsible for any damages or consequences incurred by you in connection with Your Content or information that is deleted. It is solely your responsibility to save any of your Content. Spitfire considers several factors to understand whether you are still accessing your Account. These factors include your last access date.

Breach of Terms’ consequences: In addition, Spitfire may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Spitfire suspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Spitfire; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Spitfire, any third parties or the Service itself.

Consequences of termination: You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable.

You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or Spitfire, you will not be entitled to and Spitfire will not be liable to you or any third party for any refund, reimbursement or other liability. If Spitfire terminates your Account, you may not participate in the Service or any other Spitfire service without Spitfire’s express written permission. To request permission for post-termination participation in a Spitfire service, submit a request through [email protected]. Spitfire reserves the right to refuse to provide Accounts for, and provide Spitfire the Service to, any individual. You shall not allow individuals whose Accounts have been terminated by Spitfire to use your Account.

P. Disputes With Others:

You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Spitfire hereby disclaims any and all liability to you or any third party relating to your use of the Service.

You will cooperate fully with Spitfire to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Spitfire access to any password-protected portions of your Account. Spitfire reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.

Q. Disclaimers of Warranties:

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.

THE Spitfire PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMISSIBLE BY LAW, THE Spitfire PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.

THE “Spitfire PARTIES” ARE COMPRISED OF Spitfire AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.

R. Limit of Liability:

UNDER NO CIRCUMSTANCES SHALL THE Spitfire PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Spitfire PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

IN NO EVENT WILL THE Spitfire PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $50 USD OR THE AMOUNT YOU PAID Spitfire IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Spitfire or any other Spitfire Party may not, as a matter of applicable law, disclaim any warranty, limit or exclude its liability or the scope and duration of such warranty as set forth in these Terms of Service, Spitfire’s and such Spitfire Party’s liability shall be the minimum permitted under such applicable law.

S. Links to External Locations and Third Party Websites:

The Service may contain links to third-party websites or resources. You acknowledge and agree that Spitfire is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Spitfire of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Spitfire may remove any links at any time for any reason or for no reason.

T. Indemnification:

You will be responsible for and agree to indemnify, defend and hold the Spitfire Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) made by a third party due to or arising from (i) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (ii) your (or anyone accessing the Service using your password) use of the Service, (iii) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (iv) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.

U. Which laws apply to this contract and where you may bring legal proceedings:

These Terms of Use and any action related thereto or to the Service will be governed by the laws of the Québec without regard to its conflict of laws provisions. In the event any litigation arises out of these Terms of Use, the parties hereto consent to the personal jurisdiction of all federal and state courts located in Québec and to the same courts as the exclusive venue for such litigation. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Spitfire under these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Spitfire for which remedies at law are inadequate. Spitfire shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. The preceding provision regarding applicable law and venue does not apply if you are a consumer based in the European Union. If you are based in the European Union, these Terms of Use will be subject to the laws and jurisdiction of your country of residence.

V. Other important terms:

Internet and data charges: You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.

Service access out of the US: Spitfire operates and controls the Service from its offices in the Canada. Spitfire makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Spitfire to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Export Controls: Portions of the Service may be subject to Canada export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the Canada has embargoed goods; or (ii) to anyone on the Canada Treasury Department’s list of Specially Designated Nationals or the Canada Commerce Department’s Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

No relationship: You agree that no joint venture, partnership, employment or agency relationship exists between you and Spitfire as a result of these Terms of Use or your use of the Service.

These Terms are the entire agreement between us: These Terms of Use constitute the entire agreement between you and Spitfire with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Site or the mobile application by Spitfire.

Even if we delay in enforcing this contract, we can still enforce it later: The failure of Spitfire to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If a court finds part of this contract illegal, the rest will continue in force: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use.

We may transfer this contract to someone else: These Terms of Use may not be assigned by you without Spitfire’s prior written consent, but are freely assignable by Spitfire.

And a few more terms: The section headings used herein are for convenience only and shall not be given any legal importance. Upon Spitfire’s request, you will furnish Spitfire any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Spitfire by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. A person who is not a party to this agreement shall have no right to enforce any of its terms.

W. These sections will still be applicable after termination of our contract:

You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section O (Termination), Section P (Disputes with Others), Section Q (Disclaimers of Warranties), Section R (Limitations of Liability), Section T (Indemnification), Section U (Which laws apply to this contract and where you may bring legal proceedings) and Section V (Other Important Terms).

Contact Us:

For all correspondence, please contact us through [email protected]

Acceptable Use Policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING OUR SERVICE

What’s in this acceptable use policy?

This acceptable use policy (“Policy“) sets out the content standards that apply when you upload content to our Service, make contact with other users on our Service, link to our mobile app or Site, or interact with our Service in any other way. This Policy is part of our Terms of Use and should be read in conjunction with our Terms of Service [https://bio2click.com/terms-of-service]. We may make changes to the terms of this Policy. Every time you wish to use our Service, please check this Policy to ensure you understand the terms that apply at that time. This Policy was most recently updated on [DATE]

Prohibited Uses

You may use our Service only for lawful purposes. You agree not to use the Service to transmit, make available or otherwise promote or support:

any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;
cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.

You further agree not to:

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(iv) use the Service to harm minors in any way;
(v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual or misrepresent your identity;
(vi) defraud or mislead Spitfire or other users or otherwise engage in any suspicious activity;
(vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme, web links to other sites or any other product or service of any kind;
(viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or give the impression that any of Your Content emanates from Spitfires if that is not the case;
(ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
(x) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Spitfire experience to the detriment of fair play; or
(xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.

You also agree not to access the Service:

(x) by any means other than through the interface that is provided by Spitfire for use in accessing the Service;
(y) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or
(z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside.

Interactive Services

We may provide interactive functionality on our Service, including without limitation:

In game contribution and messaging
Chat rooms
Comments/Message Boards
Online Forums

Content Standards

When using any of the Interactive Services, you also agree to the following Content Standards:

User Content (or part thereof) must not:

a)be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, inflammatory, pornographic, sexual, libelous, invasive of another’s privacy, deceitful, bullying, insulting, intimidating, humiliating, promoting violence, hateful, discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or disparaging or otherwise objectionable or inappropriate;
b)promote illegal activity, such as drug use;
c)include content you do not have a right to make available under any law or under contractual or fiduciary relationships or that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
d)infringe any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party.

You also agree not to:

e)excessively communicate the same phrase, similar phrases, or gibberish;
f)create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service;
g)post or transmit non-constructive comments;
h)abuse any functionality enabling reporting to Spitfire by sending false alarms or nonsensical messages;
i)bump forum threads;
j)number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read”) or “First!” posts;
k)post off-topic comments;
l)commit other actions that Spitfire considers, in its sole discretion, to be “flaming,” “trolling” or “spamming”;
m)create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or
n)links to threads from other forums unless previously approved by a moderator.

Breach of this Policy

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Service and to take action. When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of the Terms of Use upon which you are permitted to use our Service, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our Service.
Immediate, temporary or permanent removal of any User Content uploaded by you to our Service.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.