Fireworks Bible Terms of Use
Fireworks Bible, LLC, an Ohio limited liability company
Effective Date: November 1, 2026
Version: 1.0
These Terms of Use form a binding contract between you and Fireworks Bible, LLC, an Ohio limited liability company. Read them before you accept them. They govern your access to and use of the website at fireworksbible.com, the application at app.fireworksbible.com, any Fireworks Bible mobile application for Apple or Android devices, and every related feature, tool and service.
Section 20 contains a binding individual arbitration provision and a waiver of class actions and jury trials. It affects how disputes between you and Fireworks Bible are resolved. You may reject the arbitration provision by following the procedure in Section 20.8 within thirty days after you first accept these Terms.
1. Acceptance and Formation
1.1 You accept these Terms by selecting the acceptance control presented to you before you are given access to the Service. Selecting that control is an electronic signature and creates a binding contract. You may not access the Service without accepting these Terms.
1.2 Account approval, delivery of a sign-in code, and entry of a sign-in code authenticate your account. They do not by themselves constitute acceptance of these Terms.
1.3 Fireworks Bible retains a record of the version of these Terms you accepted, the date and time of acceptance, the account that accepted them, and the screen on which they were presented. That record is evidence of your agreement.
1.4 If you do not agree to these Terms, do not accept them and do not use the Service.
1.5 A free trial, an Open House, a beta pass and a paid plan each begin only after you have accepted these Terms. Accepting these Terms is separate from the consent you give to renewal terms before a charge, which Section 12.2 describes.
2. Definitions
2.1 Account means the credentialed access assigned to a single individual who has been approved by Fireworks Bible, where Fireworks Bible requires approval.
2.2 Automated Means means any bot, crawler, spider, scraper, script, headless browser, browser extension, macro, recorder, agent, autonomous software, artificial intelligence system, application programming interface client, or other process that accesses, queries, collects, records, monitors or copies any part of the Service other than through the ordinary interactive features Fireworks Bible provides to a human user in a standard web browser or in an official Fireworks Bible application.
2.3 Access Allowance means the volume, rate, scope and frequency of Catalog Content that the Service makes available to your Account. Fireworks Bible sets and may change each Access Allowance in its discretion.
2.4 Catalog Content means the product records, product identifiers, observed store prices, price histories, store listings, classifications, normalizations, photographs, images, video links, descriptions, ratings, availability information, comparisons, and every other element the Service discloses to you, together with the selection, arrangement, structure, coordination and organization of that material.
2.5 Commercial License means a separately negotiated written agreement signed by Fireworks Bible authorizing business, bulk, redistribution, republication or commercial use of Catalog Content.
2.6 Data Misuse Event means one continuous course of related conduct that violates Section 8. Requests, copies, transmissions, retentions or disclosures arising from the same plan or course of conduct constitute a single Data Misuse Event and are not counted separately merely because they involve multiple requests, records, images, fields, sessions, devices or recipients.
2.7 Member Content means anything you submit, post, upload, transmit or make available through the Service, including product submissions, photographs, videos, prices, store reports, reviews, scores, comments, community posts, shows created in the Show Builder, and any audio you supply.
2.8 Service means the websites, applications, servers, features, tools, functionality and content described in the introduction to these Terms.
2.9 You and your mean the individual who accepted these Terms and holds the Account.
2.10 Plan means the Free Plan or the Full Plan.
2.11 Free Plan means the version of the Service that is available without payment, as Section 12 describes.
2.12 Full Plan means the paid subscription version of the Service, as Section 12 describes.
2.13 Trial Period means the period of Full Plan access without charge that Fireworks Bible gives a new Account, as Section 12.7 describes.
2.14 Open House means a period announced by Fireworks Bible during which Accounts receive the Full Plan without charge, as Section 12.13 describes.
3. Eligibility
3.1 You must be at least eighteen years old to hold an Account or use the Service. By accepting these Terms you represent that you are at least eighteen years old.
3.2 The Service is offered only in the United States and is intended only for users located in the United States. Any Fireworks Bible mobile application is distributed only in the United States.
3.3 You must have the legal capacity to enter into a binding contract and must not be barred from using the Service under any applicable law.
3.4 Fireworks Bible does not knowingly permit any person under eighteen to hold an Account. If Fireworks Bible learns that an Account is held by a person under eighteen, it will terminate that Account.
3.5 The Service is not available to any person whose Account has previously been terminated by Fireworks Bible, and not to any person acting on behalf of, or for the benefit of, a person whose Account has been terminated.
4. Accounts and Credentials
4.1 Fireworks Bible may require approval of an Account before it becomes active, may approve or decline any request for an Account in its discretion, and need not state a reason.
4.2 You may hold one Account. You may not create or control more than one Account, and you may not create an Account using a false name, a false email address, or the identity of another person. One free Trial Period is available to each person. Fireworks Bible may refuse a Trial Period to a person who has already had one, including through another email address or an alias of the same mailbox.
4.3 Your Account is personal to you. You may not sell, rent, lend, transfer, assign or share your Account. You may not disclose your sign-in credentials or any sign-in code to any other person, and you may not permit any other person to use your Account. An Account may be signed in on up to five devices at a time. When a sixth device signs in, Fireworks Bible signs out the device that was used least recently.
4.4 You are responsible for maintaining control of the email address associated with your Account and for all activity that occurs under your Account, whether or not you authorized that activity. You must notify Fireworks Bible promptly if you believe your Account or email address has been compromised.
4.5 You must provide accurate information when you request an Account and must keep that information current.
5. Limited License to Use the Service
5.1 Subject to your continuing compliance with these Terms, Fireworks Bible grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to access the Service and to view Catalog Content disclosed to your Account, solely for your own personal, noncommercial evaluation of consumer fireworks products for your own purchase and use.
5.2 This license is a conditional permission, not a transfer of any right of ownership. It terminates automatically and without notice upon any breach of Section 8, upon suspension or termination of your Account, and upon any revocation of access communicated to you.
5.3 Every right not expressly granted in Section 5.1 is reserved.
5.4 No provision of these Terms grants you any right to use any Fireworks Bible name, logo, trade dress, trademark or service mark.
6. Ownership, and What Fireworks Bible Does and Does Not Claim
6.1 Fireworks Bible owns or licenses the software, code, databases, user interfaces, visual designs, original text and descriptions, classifications and taxonomies, and the selection, arrangement, coordination, structure and organization of Catalog Content. Those are protected by copyright, trade secret and other laws, and they are owned by Fireworks Bible or its licensors.
6.2 Fireworks Bible does not claim ownership of individual facts, including product names, manufacturer designations and prices observed at retail. Fireworks Bible does not claim ownership of photographs, descriptions, videos or other materials owned by manufacturers, retailers, members or other third parties merely because the Service displays them.
6.3 The restrictions in Section 8 are contractual conditions of your authenticated access to the Service. They apply according to their terms whether or not any particular element of Catalog Content is eligible for copyright protection, and whether or not Fireworks Bible owns any particular element. You agree to those restrictions in exchange for the access, the Access Allowance and the functionality that Fireworks Bible provides to your Account.
6.4 Nothing in these Terms is an admission or representation by Fireworks Bible that any particular material is or is not protected by copyright, and nothing in these Terms limits any right Fireworks Bible holds under copyright, trade secret or other law.
7. Access Allowances and Bounded Delivery
7.1 The Service does not deliver the complete catalog to any Account. It responds to bounded requests and discloses a limited quantity of Catalog Content for each request.
7.2 Fireworks Bible sets each Access Allowance and may set, change, reduce, slow, suspend or withdraw any Access Allowance at any time, for any Account or class of Accounts, without notice.
7.3 You have no entitlement to any particular volume, rate, scope or continuity of Catalog Content, and no Access Allowance is a representation about what the Service will deliver in the future.
7.4 Fireworks Bible counts and logs the Catalog Content disclosed to each Account. Section 13 describes that logging.
8. Prohibited Extraction, Redistribution and Business Use
8.1 You may access the Service and view Catalog Content only through the functionality Fireworks Bible provides, and only for your own personal, noncommercial use. You may not, directly or indirectly, and whether or not for profit:
(a) use Automated Means to access, query, collect, record, monitor, index, cache, scrape or copy any part of the Service or any Catalog Content;
(b) engage in manual collection that is systematic, repetitive or coordinated and is undertaken to reconstruct, replicate, substitute for, or maintain a material portion of the catalog or of any store price set;
(c) copy, download, compile, reconstruct, store or retain a material portion of Catalog Content, except for the temporary personal reference that the Service expressly enables;
(d) publish, post, sell, rent, license, sublicense, transmit, distribute, disclose, display or otherwise make available any material portion of Catalog Content to any other person;
(e) use Catalog Content to create, populate, enrich, validate, benchmark, correct, operate, support or maintain any product, service, catalog, database, application, price comparison tool, list or other offering that competes with or substitutes for the Service, whether or not that offering is commercial;
(f) use Catalog Content to train, fine-tune, ground, evaluate, retrieve into, or otherwise develop or improve any machine learning model, artificial intelligence system, large language model, embedding, index or derived data set;
(g) share, disclose or transfer your Account, your credentials or any sign-in code, or permit any other person or any software agent acting for you to access the Service using your Account;
(h) divide, distribute or coordinate requests among two or more Accounts, persons, devices, sessions, browsers or network addresses in order to obtain more Catalog Content than a single Account would receive, or in order to avoid any Access Allowance;
(i) bypass, disable, defeat, probe, test, circumvent or evade any Access Allowance, rate limit, volume limit, disclosure count, authentication measure, suspension, revocation or other technical or contractual control;
(j) access the Service after Fireworks Bible has revoked, suspended or terminated your access, whether through the same Account, a different Account, or any other means;
(k) remove, alter, obscure or interfere with any identifier, watermark, marker or other provenance or attribution technique associated with Catalog Content or with any export; or
(l) assist, enable, induce, pay, direct or instruct any other person to do any of the foregoing, or benefit knowingly from another person doing any of the foregoing.
8.2 Section 8.1 does not restrict the following:
(a) ordinary interactive use of the Service by you as a human user through a standard web browser or an official Fireworks Bible application;
(b) assistive technology that you use because of a disability, including screen readers, magnification, voice control and similar accessibility tools;
(c) your own shopping lists, show files, inventory records and other exports that the Service expressly makes available to you, used for your own personal, noncommercial purposes; or
(d) your use of information you obtained independently of the Service and without breach of these Terms.
8.3 Business, bulk, redistribution, republication and commercial use are available only under a Commercial License. If you want any of those rights, contact Fireworks Bible at the address in Section 26 to request a Commercial License. Access to the Service under these Terms does not grant any of those rights and never will.
8.4 You acknowledge that Fireworks Bible assembled the catalog over an extended period and at substantial cost, that it maintains and updates the catalog continuously, that controlled and limited disclosure is the basis on which it makes Catalog Content available at all, and that the restrictions in this Section 8 are material to that arrangement.
9. Other Prohibited Conduct
9.1 You may not use the Service to do any of the following:
(a) violate any law, regulation or ordinance, or encourage or assist any other person to do so;
(b) infringe or misappropriate any patent, copyright, trademark, trade secret, right of publicity, privacy right or other right of any person;
(c) upload, transmit or introduce any virus, worm, malware, or other harmful code, or any material designed to interrupt, destroy, degrade or limit the functionality of any software, hardware or system;
(d) probe, scan, stress, overload, flood or test the vulnerability of any Fireworks Bible system or network, or breach or attempt to breach any security or authentication measure;
(e) interfere with, disrupt or impose an unreasonable load on the Service, its servers or its networks;
(f) reverse engineer, decompile, disassemble or attempt to derive the source code, structure, data model, algorithms or operation of any part of the Service, except to the extent that restriction is prohibited by applicable law;
(g) frame, mirror, deep link into, or present any part of the Service as part of another website or application;
(h) remove, alter or obscure any copyright, trademark or other proprietary notice;
(i) impersonate any person or entity, or misrepresent your affiliation with any person or entity;
(j) harass, threaten, defame, stalk, abuse or harm any other person, or post content that is obscene, hateful, or sexually explicit;
(k) send unsolicited commercial messages, chain messages, or advertising to other users;
(l) collect or harvest any information about other users, including names, email addresses or locations; or
(m) use the Service for any purpose other than the purpose for which Fireworks Bible makes it available.
10. Member Content
10.1 You retain ownership of any intellectual property rights you hold in your Member Content.
10.2 You grant Fireworks Bible the permission described in Annex A, which is the Contributor Content License. Annex A is part of these Terms. If Annex A and this Section 10 differ, Annex A controls.
10.3 You grant every other user of the Service a non-exclusive license to access and view your Member Content through the Service as the Service permits.
10.4 You represent and warrant that you own or control all rights in your Member Content, that your Member Content does not infringe or misappropriate the rights of any person, that you have obtained every consent and release required from any person appearing or identified in your Member Content, and that your Member Content is accurate and not misleading. Annex A contains further promises that apply to photographs, videos, prices and other Member Content.
10.5 You are solely responsible for any audio, music or recording you supply to or use with any feature of the Service, including the Show Builder. You represent and warrant that you hold every license and permission required for that use. Fireworks Bible supplies no music and grants no music rights.
10.6 To the extent permitted by law, you waive and agree not to assert any moral right, right of attribution and right of integrity in your Member Content.
10.7 Fireworks Bible has no obligation to publish, display, store, retain or maintain any Member Content, and may remove, refuse, edit, reclassify or delete any Member Content at any time, for any reason or no reason, without notice or liability.
10.8 You are not entitled to any payment, credit, attribution or other consideration for Member Content unless Fireworks Bible has agreed otherwise in a signed writing.
10.9 If you send Fireworks Bible any suggestion, idea, proposal, feedback or recommendation, you assign it to Fireworks Bible without charge, and Fireworks Bible may use it without restriction, attribution or compensation.
10.10 Member Content that you submit becomes part of Catalog Content once the Service publishes it, and Section 8 applies to it as it applies to all other Catalog Content.
10.11 Scores, ratings, reviews and comments are the opinions of the people who give them, as Part B of Annex A states.
11. Safety, and the Limits of What the Service Provides
11.1 The Service is a reference and comparison tool. It is not instruction, training, guidance or advice about the purchase, transport, storage, handling, assembly, setup, ignition, firing, disposal or use of fireworks or any other product.
11.2 Fireworks are dangerous. They can cause serious injury, permanent disability, death, fire and property damage. You are solely responsible for your own safety and for the safety of every other person and property affected by your conduct.
11.3 Laws governing the sale, possession, transport and use of consumer fireworks vary by state, county and municipality, and they change. You are solely responsible for knowing and complying with every federal, state and local law, regulation, ordinance, permit requirement, fire code and insurance requirement that applies to you. Nothing on the Service is a representation that any product is lawful for you to buy, possess, transport or use where you are.
11.4 Product classifications, descriptions, ratings, durations, effects and other information on the Service are compiled from retailer listings, manufacturer materials, published catalogs and member reports. They may be incomplete, out of date or wrong. Do not rely on them for any safety purpose. Follow the instructions and warnings printed on the product and its packaging.
11.5 Prices, availability and store listings are observations recorded at a point in time. They are not offers, quotations or representations by any retailer or by Fireworks Bible, they are not guaranteed to be current or correct, and they may differ from the price a retailer charges. Fireworks Bible does not sell fireworks, does not act as an agent for any retailer or manufacturer, and is not a party to any transaction between you and any retailer.
11.6 Fireworks Bible is not affiliated with, endorsed by, or sponsored by any retailer, manufacturer, brand or store identified on the Service unless the Service states otherwise.
11.7 The Service displays video content hosted by third parties, including YouTube. Your use of that content is subject to the terms of the third party that hosts it. Fireworks Bible does not control that content and is not responsible for it.
11.8 You assume all risk arising from your use of the Service and from any decision you make in reliance on it, including any decision to buy, possess, transport, store, handle, ignite or use any product.
12. Paid Plans, Billing and Automatic Renewal
12.1 Fireworks Bible offers a Free Plan and a Full Plan. The Free Plan includes product photographs, videos, specifications, scores and the knowledge library; the best price for each product and the store that has it, with a link to that store; shopping lists; one saved show in the Show Builder (any number of shows may be built); and the community features. The Full Plan adds every store's price, retail and wholesale, each with a link to the store; notes on products and stores; inventory and purchase history; receipt and order import; trip cost, shipping and landed total tools; pricing a list at another store and comparing lists; more than one saved show; and the Show Builder's Trim tool. The Full Plan costs $9.99 per month or $79.99 per year, plus sales tax where it applies. The price, billing period and features shown to you at the time of purchase control. Fireworks Bible may change the features of a Plan.
12.2 Before you are charged, Fireworks Bible will present the price, the billing period, the date of the first charge, the fact that the plan renews automatically, the method of cancellation, and any introductory or trial terms. You must affirmatively consent to those terms before any charge is made.
12.3 A paid plan renews automatically at the end of each billing period for a further period of the same length, at the then current price for that plan, until you cancel. You authorize Fireworks Bible and its payment processor to charge your designated payment method for each renewal.
12.4 You authorize Fireworks Bible and its payment processor, Stripe, Inc., to store your payment method and to charge it for all amounts due, including applicable taxes. Fireworks Bible does not receive or store your full payment card number.
12.5 You may cancel at any time in the Service, under Account and then Manage billing, which opens the billing page of Stripe, Inc. There you may also switch between monthly and yearly billing, change your payment method and download invoices. You do not need to speak to any person to cancel, and there is no retention step you cannot skip. Cancellation takes effect at the end of the billing period then in progress, and you keep the Full Plan until then.
12.6 Fireworks Bible will send a renewal reminder before each renewal to the extent required by applicable law, and in any event before the first renewal of an annual plan and before any renewal that follows a free trial or introductory price.
12.7 A new Account receives a Trial Period of seven days with the features of the Full Plan, and no payment method is required. When the Trial Period ends, the Account moves to the Free Plan unless you have subscribed. A Trial Period never converts to a paid plan on its own, and you are never charged for it. If you subscribe during the Trial Period, your first charge is made on the day the Trial Period would have ended.
12.8 Fireworks Bible may change the price of any plan. It will notify you at least thirty days before a price change takes effect on your plan, and the change applies to billing periods beginning after that notice. If you do not accept the new price, cancel before it takes effect.
12.9 Fees are not refundable except where applicable law requires a refund or where Fireworks Bible chooses to give one. Fireworks Bible does not provide refunds or credits for partial billing periods, unused features, or periods during which you did not use the Service. If Fireworks Bible refunds a charge in full, the paid plan ends at once and the Account moves to the Free Plan. A partial refund leaves the plan running.
12.10 If a renewal payment fails, Fireworks Bible and its payment processor may retry the charge. You keep the Full Plan for seven days from the start of the unpaid period while the charge is retried, and the Service will ask you to update your payment method. If the charge is not paid by the end of that period, the Account moves to the Free Plan. A failed payment does not by itself lead to termination of the Account.
12.11 Prices are shown before sales tax. Fireworks Bible collects sales, use and similar taxes at checkout in the states where the law requires it, and you are responsible for any tax that applies to your purchase and is not collected.
12.12 If you dispute a charge, contact Fireworks Bible at the address in Section 26 before you start a chargeback. A chargeback ends your paid access to the Full Plan. Starting a chargeback without first contacting Fireworks Bible is a breach of these Terms and may lead to termination of your Account.
12.13 Fireworks Bible may announce an Open House, or give an Account a beta pass, during which the Account receives the Full Plan without charge. An Open House or beta pass has a stated end date and ends automatically on that date. It gives no right to continued or future free access. During an Open House a new Account's Trial Period does not start.
12.14 Plans are sold only on the website at fireworksbible.com. Fireworks Bible mobile applications do not sell subscriptions and do not offer in-app purchases. If you sign in to a mobile application with an Account that holds the Full Plan, the application unlocks the same features.
12.15 Fireworks Bible may give days of Full Plan access as credit for accepted contributions under its contributor credit program, on the terms in Part C of Annex A. Credit has no cash value and cannot be transferred.
13. Monitoring, Logging and Enforcement
13.1 You consent to Fireworks Bible monitoring, recording and analyzing your use of the Service for the purposes of operating and securing the Service, enforcing these Terms, detecting and investigating prohibited conduct, and protecting its rights and the rights of others.
13.2 Fireworks Bible records information about requests made to the Service, including the Account, the session, the date and time, the network address, the device and client, the Catalog Content disclosed, the volume disclosed, and any limit, warning, throttle, refusal or suspension applied.
13.3 Fireworks Bible uses automated systems to identify patterns consistent with prohibited conduct, including abnormal request volume, apparent automation, coordinated activity across Accounts, and evasion of Access Allowances.
13.4 Fireworks Bible uses provenance and attribution techniques in Catalog Content and in exports. You may not remove, alter, obscure, defeat, identify publicly, or attempt to detect those techniques.
13.5 Fireworks Bible may retain the records described in this Section for as long as necessary to operate and secure the Service, to establish, exercise and defend legal claims, and to comply with law. The Privacy Policy describes that retention.
13.6 Fireworks Bible may disclose information about you and your use of the Service where it reasonably believes disclosure is necessary to comply with law or legal process, to enforce these Terms, to investigate suspected prohibited conduct, or to protect the rights, property or safety of Fireworks Bible or any person.
14. Suspension, Termination and Review
14.1 Fireworks Bible may temporarily suspend your access to the Service, in whole or in part, when it reasonably identifies one or more of the following: abnormal request volume; indications of Automated Means; coordinated activity across Accounts; evasion of an Access Allowance or other technical control; indications that credentials have been shared or compromised; evidence of redistribution of Catalog Content; or another material risk to the security or integrity of the Service.
14.2 When a suspension is applied, Fireworks Bible will notify you promptly where doing so is reasonably practicable and would not impair the security of the Service or the integrity of an investigation, will state a concise reason and a reference number, and will provide a method to request review. Fireworks Bible will review information you submit within a reasonable period and will restore access if it determines that the risk has been resolved.
14.3 Fireworks Bible may terminate your Account and these Terms for a confirmed material violation of these Terms, for repeated violations, for failure to cure a violation that is capable of cure after notice, for conduct presenting a substantial continuing risk to the Service, or where required by law.
14.4 Fireworks Bible may also discontinue the Service, or any part of it, or terminate your Account without cause, on notice to you. If Fireworks Bible terminates your Account without cause while you hold a paid plan, it will refund the portion of the fee you paid for the unused remainder of the billing period then in progress. If Fireworks Bible terminates your Account for a confirmed material violation, no refund is due.
14.5 You may terminate these Terms at any time by cancelling your plan and ceasing to use the Service.
14.6 Upon termination, your license under Section 5 ends immediately and you must stop accessing the Service. Termination ends your access to Catalog Content through the Service. It does not, and cannot, recall Catalog Content already delivered to your device, and your obligations under Sections 8, 10, 15, 16, 17, 18, 20 and 24 continue to apply to Catalog Content you obtained before termination.
14.7 Fireworks Bible may preserve and may delete your Account information and Member Content following termination, subject to the retention described in the Privacy Policy and to any legal preservation obligation.
15. Remedies for Violation of Section 8
15.1 Enforcement costs and attorney fees. If a court determines that you materially violated Section 8, the court may award Fireworks Bible its reasonable and documented investigation, forensic preservation, containment and enforcement costs caused by that violation, together with reasonable attorney fees to the extent permitted by applicable law. Any award must exclude ordinary operating expenses, duplicative recovery, and costs not reasonably attributable to the violation. If you prevail on a claim brought by Fireworks Bible under Section 8, you may seek your reasonable attorney fees to the same extent and on the same basis.
15.2 Equitable relief. If you violate or threaten to violate Section 8, Fireworks Bible may seek temporary, preliminary and permanent injunctive and other equitable relief, in addition to every other available remedy. This Section does not determine whether any legal standard for equitable relief has been satisfied, does not waive any defense available to you, and does not limit the authority of the court.
15.3 Cessation and preservation. On written notice from Fireworks Bible identifying suspected conduct in violation of Section 8, you must promptly stop the identified conduct and must preserve records, communications, copies and distribution information within your possession or control that relate to it.
15.4 Cooperation and removal. After notice of a confirmed violation of Section 8, you must take reasonable steps within your possession or control to stop further extraction, use and disclosure; identify copies you created or distributed; identify known recipients and the method and date of each known disclosure; request that known recipients stop use and delete or return the copies; delete unauthorized copies in your possession or control, subject to any lawful preservation obligation; provide reasonable written confirmation of the steps taken; and cooperate reasonably in containing the violation. You are not required to obtain access to another person's device or account, to guarantee conduct outside your control, to waive a legal right, or to disclose information whose disclosure is prohibited by law.
15.5 Cumulative remedies. Every remedy in these Terms is in addition to, and not in place of, every other remedy available to Fireworks Bible at law or in equity.
15.6 Survival. This Section 15 survives suspension and termination.
16. Disclaimer of Warranties
16.1 THE SERVICE, THE CATALOG CONTENT AND EVERYTHING MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
16.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIREWORKS BIBLE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
16.3 FIREWORKS BIBLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING ANY PRODUCT INFORMATION, CLASSIFICATION, DESCRIPTION, RATING, DURATION, AVAILABILITY, STORE LISTING OR PRICE, IS ACCURATE, COMPLETE, CURRENT OR RELIABLE.
16.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIREWORKS BIBLE OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
16.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT ANY SUCH LAW APPLIES TO YOU, THE EXCLUSIONS IN THIS SECTION 16 APPLY TO THE FULLEST EXTENT THAT LAW PERMITS.
17. Limitation of Liability
17.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIREWORKS BIBLE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, AND WHETHER OR NOT FIREWORKS BIBLE WAS ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
17.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF FIREWORKS BIBLE AND THE PERSONS LISTED IN SECTION 17.1, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU PAID TO FIREWORKS BIBLE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS.
17.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIREWORKS BIBLE HAS NO LIABILITY FOR ANY INJURY, DEATH, FIRE, PROPERTY DAMAGE OR OTHER LOSS ARISING OUT OF THE PURCHASE, POSSESSION, TRANSPORT, STORAGE, HANDLING, ASSEMBLY, SETUP, IGNITION, FIRING, DISPOSAL OR USE OF ANY PRODUCT, OR OUT OF YOUR RELIANCE ON ANY PRODUCT INFORMATION, CLASSIFICATION, PRICE, AVAILABILITY OR STORE LISTING.
17.4 NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, FOR FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE THAT EXCLUSION IS PROHIBITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT ANY SUCH LAW APPLIES TO YOU, THE LIMITATIONS IN THIS SECTION 17 APPLY TO THE FULLEST EXTENT THAT LAW PERMITS.
17.5 THE LIMITATIONS IN THIS SECTION 17 APPLY EVEN IF A REMEDY STATED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE, AND THEY REFLECT AN ALLOCATION OF RISK BETWEEN YOU AND FIREWORKS BIBLE THAT IS A BASIS OF THIS AGREEMENT.
18. Indemnification
18.1 You will indemnify, defend and hold harmless Fireworks Bible and its members, managers, officers, employees, contractors, agents, suppliers and licensors from and against every claim, demand, action, proceeding, loss, liability, damage, judgment, award, fine, penalty, cost and expense, including reasonable attorney fees, arising out of or relating to your use of the Service, your Member Content, your breach of these Terms, your violation of any law, your infringement or misappropriation of any right of any person, or your purchase, possession, transport, storage, handling or use of any product.
18.2 Fireworks Bible may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You will cooperate with that defense. You may not settle any matter in a manner that imposes any obligation on Fireworks Bible, admits any fault by Fireworks Bible, or fails to release Fireworks Bible unconditionally, without the prior written consent of Fireworks Bible.
19. Copyright Complaints
19.1 Fireworks Bible responds to notices of claimed copyright infringement in accordance with the Digital Millennium Copyright Act. Its notice procedure, counter-notice procedure, designated agent and repeat infringer policy are stated in Fireworks Bible's DMCA and Copyright Policy, which is incorporated into these Terms.
19.2 Fireworks Bible terminates the Accounts of users it determines to be repeat infringers. The Repeat Infringer Policy published at fireworksbible.com/repeat-infringer-policy is part of these Terms.
20. Dispute Resolution, Arbitration and Class Action Waiver
20.1 Scope. This Section 20 applies to every dispute, claim or controversy between you and Fireworks Bible arising out of or relating to these Terms, the Service, your Account, any Member Content, any charge, or the relationship between you and Fireworks Bible, whether based in contract, tort, statute, fraud, misrepresentation or any other theory, and whether arising before, during or after the termination of these Terms.
20.2 Informal resolution first. Before starting an arbitration or any other proceeding, the party raising a dispute must send the other party a written notice describing the dispute, the facts supporting it and the relief sought. You send that notice to the address in Section 26. Fireworks Bible sends it to the email address associated with your Account. The parties will attempt in good faith to resolve the dispute for sixty days after that notice is received. Neither party may start an arbitration or other proceeding before that period ends. This requirement is a condition precedent to arbitration, and the applicable limitations period is tolled while it runs.
20.3 Binding arbitration. If the dispute is not resolved under Section 20.2, it will be resolved exclusively by final and binding individual arbitration, and not in court, except as stated in Section 20.6. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules in effect when the arbitration is commenced. The Federal Arbitration Act governs the interpretation and enforcement of this Section 20.
20.4 Arbitration procedure. A single arbitrator will decide the dispute. The arbitrator has authority to award any relief a court could award on an individual basis, and no authority to award relief to or against any person who is not a party. The arbitrator will apply Ohio law consistent with Section 21. The arbitration will be conducted by document submission, by telephone or by video conference unless the arbitrator determines that an in person hearing is necessary, in which case the hearing will take place in Summit County, Ohio, or in the county of your residence if you so elect. The arbitrator will issue a written decision stating the essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction. Payment of filing, administration and arbitrator fees is governed by the rules of the American Arbitration Association, including its rules allocating those fees in consumer cases.
20.5 Waiver of class and representative proceedings. You and Fireworks Bible each waive the right to bring or participate in any class action, collective action, consolidated action, private attorney general action or other representative proceeding. The arbitrator may not consolidate the claims of more than one person, may not preside over any form of class or representative proceeding, and may not award relief on a class or representative basis. You and Fireworks Bible each waive the right to a trial by jury for any dispute that proceeds in court.
20.6 Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court. Either party may seek temporary, preliminary or permanent injunctive or other equitable relief in the state or federal courts located in Summit County, Ohio, to prevent or stop actual or threatened infringement, misappropriation or violation of intellectual property rights, trade secrets, Section 8, or the security of the Service, and each party consents to the personal jurisdiction and venue of those courts for that purpose. A request for such relief does not waive this Section 20 as to any other claim.
20.7 Coordinated filings. If twenty five or more demands for arbitration raising substantially similar claims are filed against Fireworks Bible by or with the assistance of the same law firm or coordinated group within a ninety day period, the demands will be administered in sequential batches of no more than fifty. The parties will select five demands from the first batch to proceed as bellwether arbitrations. The remaining demands in that batch and all later batches are held, and the applicable limitations period is tolled for them, until the bellwether arbitrations conclude. After the bellwether arbitrations conclude, the parties will engage in a single mediation of the remaining demands before any further batch proceeds. This Section is intended to make coordinated arbitration efficient and fair to both parties, and a court of competent jurisdiction may enforce it.
20.8 Your right to reject arbitration. You may reject Sections 20.3 through 20.7 by sending written notice to Fireworks Bible at the address in Section 26 or by email to the legal notice email address stated there within thirty days after the date you first accept these Terms. The notice must state your name, the email address associated with your Account, and a clear statement that you reject the arbitration provision. Rejecting arbitration does not affect any other part of these Terms, does not affect Section 20.5 as it relates to class and representative proceedings brought in court, and will not be used against you in any way. If you reject arbitration, disputes proceed under Section 21.
20.9 Time limit for claims. To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one year after the claim accrues, or it is permanently barred.
20.10 Severability of this Section. If Section 20.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in the courts identified in Section 21, and the remainder of this Section 20 continues to apply to all other claims. If any other provision of this Section 20 is found unenforceable, it will be severed and the remainder of this Section 20 continues in effect.
20.11 Survival. This Section 20 survives termination of these Terms and of your Account.
21. Governing Law and Venue
21.1 These Terms and every dispute arising out of or relating to them or to the Service are governed by the laws of the State of Ohio, without regard to its conflict of laws principles, and by applicable federal law of the United States. Where federal law governs a matter, including the Federal Arbitration Act, the Digital Millennium Copyright Act, the Copyright Act and the Defend Trade Secrets Act, federal law controls to the extent of any conflict.
21.2 This Section does not deprive you of the protection of any provision of the law of the state in which you reside that cannot be waived by agreement, and Fireworks Bible does not ask you to waive any such protection.
21.3 Subject to Section 20, you and Fireworks Bible consent to the exclusive jurisdiction and venue of the state and federal courts located in Summit County, Ohio, for every action arising out of or relating to these Terms or the Service, and each party waives any objection to that jurisdiction or venue, including any objection based on inconvenient forum.
22. Changes to These Terms
22.1 Fireworks Bible may amend these Terms prospectively. It will not apply any amendment retroactively to conduct that occurred before the amendment takes effect.
22.2 For a material amendment, Fireworks Bible will deliver advance notice to the email address associated with your Account and will display a notice in the Service, will identify the material changes in plain language, will provide the complete amended terms and the date they take effect, and will require you to accept the amended terms by selecting an unchecked acceptance control before you are given further access to Catalog Content. Continued use alone is not acceptance of a material amendment.
22.3 An amendment is material if it changes the restrictions in Section 8, the permitted uses of the Service, payment obligations, remedies, limitations of liability, dispute resolution, governing law, venue, privacy permissions or termination rights.
22.4 For a non-material amendment, including a correction, clarification or administrative change, Fireworks Bible will post the amended terms with a new effective date and will notify you in the Service.
22.5 The version of these Terms you accepted governs your conduct until you accept a later version. Fireworks Bible retains every published version and will provide you with the version you accepted on request.
22.6 If you do not accept a material amendment, you may stop using the Service. If you hold a paid plan and decline a material amendment, you may cancel and Fireworks Bible will refund the portion of the fee you paid for the unused remainder of the billing period then in progress.
23. Notices and Electronic Communications
23.1 You consent to receive notices, agreements, disclosures and other communications from Fireworks Bible electronically, by email to the address associated with your Account, by posting in the Service, or both. Electronic communications satisfy any legal requirement that a communication be in writing.
23.2 You may withdraw this consent by closing your Account. If any law requires that a specific record be provided to you in writing on paper, and that requirement is not satisfied by electronic delivery, Fireworks Bible will provide that record as the law requires.
23.3 To receive and retain electronic communications you need a device with internet access, a current web browser, a working email address, and the ability to read and save documents in PDF format.
23.4 Notices to Fireworks Bible must be sent to the address in Section 26. A notice is effective when received.
23.5 You must keep the email address associated with your Account current. A notice sent to that address is effective whether or not you read it.
24. General
24.1 Entire agreement. These Terms, together with the Privacy Policy, the DMCA and Copyright Policy, the Repeat Infringer Policy and Annex A, are the entire agreement between you and Fireworks Bible regarding the Service and supersede every prior or contemporaneous understanding on that subject. In the event of a conflict, these Terms control, except that the Privacy Policy controls on the handling of personal information.
24.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be modified, and the remaining provisions continue in full force.
24.3 No waiver. A failure or delay by Fireworks Bible in exercising any right is not a waiver of that right. A waiver is effective only if made in writing and signed by Fireworks Bible, and applies only to the instance identified.
24.4 Assignment. You may not assign or transfer these Terms or any right or obligation under them, by operation of law or otherwise, without the prior written consent of Fireworks Bible, and any attempted assignment without that consent is void. Fireworks Bible may assign these Terms freely, including in connection with a merger, acquisition, reorganization or sale of assets.
24.5 No third party beneficiaries. Except for the persons identified in Sections 17, 18 and 25, these Terms create no right in any person who is not a party.
24.6 Relationship. These Terms create no partnership, joint venture, employment, franchise or agency relationship between you and Fireworks Bible.
24.7 Force majeure. Fireworks Bible is not liable for any failure or delay in performance caused by any circumstance beyond its reasonable control.
24.8 Interpretation. Headings are for convenience only and do not affect interpretation. The words include and including are not limiting. These Terms will not be construed against Fireworks Bible as the drafter.
24.9 Survival. Sections 2, 6, 8, 10, 11, 13, 14.6, 15, 16, 17, 18, 20, 21, 23 and 24, and Annex A, survive termination of these Terms and of your Account.
24.10 Export and sanctions. You represent that you are not located in, and are not a national or resident of, any country or region subject to United States embargo, and that you are not listed on any United States government list of prohibited or restricted parties.
25. Mobile Applications
25.1 This Section applies if you download a Fireworks Bible mobile application from the Apple App Store or Google Play.
25.2 These Terms are between you and Fireworks Bible, LLC only, and not with Apple Inc. or Google LLC. Fireworks Bible, and not Apple or Google, is responsible for the application and its content, for maintenance and support, and for any claim that the application infringes the intellectual property rights of a third party.
25.3 Fireworks Bible grants you a limited, non-exclusive, non-transferable license to use the application on devices you own or control, as the usage rules of the store from which you obtained it permit.
25.4 Apple and Google have no obligation to provide maintenance or support for the application. The application is free. To the extent permitted by law, neither Apple nor Google has any other warranty obligation for it.
25.5 Apple and its subsidiaries are third party beneficiaries of these Terms as they apply to an application from the Apple App Store and, once you accept these Terms, may enforce them against you.
25.6 You must comply with the terms of the store from which you obtained the application and with the terms of your device and network provider.
25.7 A mobile application signs you in to the same Account and shows the same content as the web application. It does not sell subscriptions, as Section 12.14 states. Send any question or complaint about an application to the address in Section 26.
26. Contact
Fireworks Bible, LLC
3565 S. Medina Line Rd., Wadsworth, Ohio 44281
support@fireworksbible.com
Legal notices: legal@fireworksbible.com
Commercial License requests: support@fireworksbible.com
Annex A. Contributor Content License
In this Annex A, we, us and our mean Fireworks Bible, LLC, and you means the person who holds the Account. Annex A is part of the Terms of Use.
Part A. What happens to the photos, videos and price reports you send us
What this Part covers
A.1 You can send us photographs. You can send us videos, either as a file or as a link to a video on another site. You can send us price reports. You can also send product details, store notes, community posts, scores, ratings and comments. This Part covers all of it.
You keep what you own
A.2 You still own your photographs and videos after you send them to us, and you still own everything else you send. Sending something to us does not make it ours.
The permission you give us
A.3 You give Fireworks Bible, LLC permission to use what you send us.
A.4 The permission is free. We do not pay you for it and you do not pay us for it.
A.5 The permission has no end date.
A.6 The permission is good everywhere in the world.
A.7 You cannot take the permission back.
A.8 We may store what you send and keep copies of it.
A.9 We may crop it, resize it, correct it and edit it.
A.10 We may display it, publish it and share it.
A.11 We may use it in the app, on our websites, and in advertising and other material that promotes Fireworks Bible.
A.12 We may give the same permission to the companies that host the service, run it, or promote it for us.
A.13 If our business is sold, the permission goes to the buyer.
A.14 The permission is not exclusive. You may still use your own photographs and videos any way you like, including selling them or giving them to somebody else.
Credit
A.15 We may show a credit line next to what you send. The credit line shows the display name on your account and the date.
What you promise when you send something
A.16 One of these two things is true about every photograph you send. Either you took the photograph yourself, or you hold the rights to it and you are allowed to give us the permission in this Part.
A.17 No other person appears in any photograph you send. Videos are different, and clauses A.34 to A.36 say who may appear in a video.
A.18 Nothing you send breaks anybody else’s rights. That includes copyright, trademark, privacy and publicity rights.
A.19 A price you report is a price you actually saw, at the store you named, on the date you gave.
A.20 Everything you send is accurate as far as you know, and none of it is meant to mislead.
A.21 You followed the store’s rules when you took the photograph. Some stores do not allow photography. Ask the store first where it requires permission.
We never ask you to set anything off
A.22 We never ask you to set off a firework in order to send us something. No submission requires it and nothing in the service rewards it. A video of a show you were putting on anyway is welcome.
What we may do with a submission
A.23 We may accept a submission, reject it, hold it, edit it, or take it down later. We do not have to give a reason and we do not have to tell you first.
A.24 We do not promise to keep what you send. Keep your own copy of your photographs and videos.
A.25 If a submission turns out to be inaccurate or not original, we may reverse any credit given for it.
If your account closes
A.26 Closing your account ends your access to the service.
A.27 Closing your account does not end the permission in this Part. Everything you already sent stays under that permission.
A.28 After your account closes we may leave what you sent in the service, and we may take it down. That choice is ours.
A.29 The same applies if we close your account.
Videos you send
A.30 One of these two things is true about every video you send as a file. Either you made the video yourself, or you hold the rights to it and you are allowed to give us the permission in this Part.
A.31 A link you send to a video you made is treated as your video. Clauses A.33 to A.39 apply to it.
A.32 A link you send to a video someone else made tells us where that person published it. You promise only that, as far as you know, it was posted by the person who made it or with their permission. We keep the link, not the video.
What you promise about your videos
A.33 Any music or other sound in your video is yours to give, or you have permission to include it and to let us use it under this Part. If neither is true, remove the sound before you send the video.
A.34 Every person featured in your video agreed to appear in it and agreed to it being used under this Part.
A.35 Anyone in your video who did not agree is an incidental bystander. The video does not single them out, name them or dwell on them.
A.36 No child under 18 can be identified in your video, unless you are that child’s parent or legal guardian and you agree to the child appearing in it.
A.37 Any firework set off in your video was set off lawfully, in a place and at a time where that was allowed.
A.38 Any firework set off in your video was set off without unreasonable risk to people or property, following the safety rules that apply to storing, handling and using consumer fireworks.
A.39 Whoever set off a firework in your video chose to do it and did it at their own risk. We do not instruct, encourage or endorse setting off any firework.
Videos we will not publish
A.40 We will not publish a video that shows a firework handled unsafely. That includes lighting a firework held in the hand when it is not made to be held, relighting a firework that failed, aiming a firework at people, animals, buildings or vehicles, and altering or combining fireworks.
A.41 We will not publish a video that shows display or professional grade fireworks, or any device that is not a 1.4G consumer firework.
A.42 We will not publish a video that shows a child under 18 lighting a firework or holding one that is lit.
A.43 We will not publish a video that shows a firework set off where or when it is plainly not allowed, such as indoors, on a public road, or during a burn ban.
A.44 A video that falls under clauses A.40 to A.43 is refused. If we publish one by mistake, we take it down when we find out.
A.45 Publishing a video is not a statement by us that anything in it is safe or lawful.
How we use and play videos
A.46 We may store a video you send as a file with the company that hosts our video, and encode it into the formats our player needs.
A.47 We may trim the start and the end of a video so that it plays from the part that shows the product.
A.48 We may play a video in our own player, on our websites, in the app and in the show planner, and show a still frame from it as a thumbnail.
A.49 Users may share links to shows they build, and a shared show may include your video. The permission in this Part covers that.
A.50 If you appear in a video on the service and want it taken down, write to support@fireworksbible.com. We look at every request, and we take a video down wherever the law requires it.
Part B. Scores, ratings and reviews are opinions
B.1 A score is the personal opinion of the person who gave it. So is a rating, a review and a comment.
B.2 They are not our statements. We did not write them and we do not adopt them as our own.
B.3 We do not check them for accuracy.
B.4 An average score is arithmetic. It is the average of the scores users have sent in, and nothing more.
B.5 An average score is not a measure of quality, of safety, or of value.
B.6 A score does not tell you what we think of a product, a store or a brand.
B.7 If you are a store or a brand and you believe a rating or a price is wrong, write to support@fireworksbible.com. We will look at it and correct anything we find to be in error.
B.8 Scores, ratings and comments do not earn credit, and we do not ask anyone to give a particular score.
Part C. Contributor credit
C.1 We may give credit for contributions we accept, in the form of days of Full Plan access, under our contributor credit program. The current credit values and limits are shown in the Service, and we may change them.
C.2 Credit is earned when a contribution is approved. It has no cash value, it cannot be transferred or exchanged for money, and it ends if the Account is closed.
C.3 We may reverse credit as clause A.25 says, and we may refuse credit for a contribution we do not use.