Acceptance of Terms
Use of Content Owned by One Firefly
3.1 Use of any Content owned by One Firefly is never inherently permitted. One Firefly has outlined criteria below that identifies the conditions and parameters necessary for limited use-case of accessing, displaying and utilizing One Firefly Content. Only when the below criteria have been met will use be permitted.
3.2 Only Content that One Firefly has labeled “Mercury Pro Website Content” shall be eligible for use by Qualified Client (defined below). No other content, including but not limited to Images, Footage, Music and related metadata is permitted to be used at anytime.
3.3 Qualification for Use. Client will be considered “Qualified” or “eligible” to use content associated with the Mercury Pro product for their One Firefly-sponsored marketing campaigns, only if they have met all of the following criteria:
Client has purchased and paid in full for a “Mercury Pro” Website.
Client currently hosts their website with One Firefly (if also intending to use any Video content associated with Mercury Pro Websites.)
Client is currently spending $400USD or more per month in a marketing program with One Firefly.
If, at anytime, any of the above criteria have not been met or status has changed, a client will not be considered Qualified and thus will not be eligible to use any Content owned by One Firefly.
3.4 Permitted Use of Content by Qualified Clients. Mercury Pro Content may be used for Qualified Client’s campaigns at the sole discretion of One Firefly’s marketing team only for Qualified Client’s marketing initiatives. Qualified Clients will not be permitted to use One Firefly Content for any other purpose, including marketing initiatives not directly related to or associated with One Firefly’s sponsored marketing campaigns, unless given expressed written consent by One Firefly.
5.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Florida. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. One Firefly shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of One Firefly, such action is necessary or desirable.