Terms of Service
Terms and Conditions (TOS)
Welcome to the FireSoup.com website (hereafter referred to as the Site "Site"). This Agreement constitutes the Terms and Conditions (sometimes referred to as "Agreement") for your use of the Site. The Site offers various products and services subject to, and conditioned upon your acceptance of, these Terms and Conditions.
Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms and Conditions which constitute this Agreement. Under this Agreement, the Site grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms and Conditions, You are not an authorized user and should discontinue any use of the Site. The Site reserves the right to change or modify these Terms and Conditions at any time without notice to you. Please read this Agreement carefully, as you are bound to the provisions herein as well as any changes or modifications thereto. You should visit this page on a regular basis to check for updates and modifications to the provisions of this Agreement.
For purposes of this Agreement, the term "You" shall mean you, the person who is visiting the Site via an internet connection. The term "Site" shall mean the website 2Hot4FB.com as well as any and all related and affiliated sites owned and operated by Lightspeed Media Corporation.
1. SITE CONTENT AND SUBMISSIONS
Lightspeed Media Corporation is the owner of the Site and all of its affiliated webpages and various other websites (Lightspeed Media Corporation and Site shall be jointly referred to herein as the "Site"). The content located on the Site is submitted by "Content Submitters" who are other Site users just like you. The content located on this Site is offered to you by the Site for limited use pursuant to these Terms and Conditions. "Site Content" means any and all visual and/or audio elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs, animation, video clips or segments, audio clips or segments or audiovisual works, designs or logos, information, and other content made available through the Site. The Site is responsible for the "Site Code" which means any and all programming and other underlying elements of this Site, including, without limitation, the source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code are collectively referred to as the "Content."
The Content is owned by the Site, its licensors, content vendors, content licensors, code licensors and Content Submitters and is protected by United States as well as all international copyright and trademark laws and all rights of the copyright owner are reserved by and for the copyright owner. All Content is provided for your personal use and enjoyment only and you may not copy, distribute, publish, perform, modify, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Content, in whole or in any part. Any and all rights not expressly granted to you herein are reserved by Site. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any unauthorized use of the Site Content, site materials, trademarks, service marks or other marks is strictly prohibited.
2. YOUR USE OF THE SITE
Upon Your acceptance of these Terms and Conditions, the Site grants to you a non-exclusive, non-transferable, limited right and license to access and use this Site and the Content therein. This License grants to you the limited right to view and privately display the Content by way of a computer connected to the Site via internet connection, and in strict conformity with these Terms and Conditions. While you may save portions of the Content on a temporary basis in your computer's cache memory, no other copying or use of any portion of the Site or Content is permissible. Except as specifically allowed herein, you are not allowed to copy, store or reproduce any portion of this Site which would constitute an act of copyright infringement and is not permitted. Other examples of activities that are not allowed include, but are not limited to the following: You may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, or create derivative works based upon any portion of the Site or the Content, copy, counterfeit or paste the Content to any other website or web page. You may not publicly display any Content or any portion of the Site, including any images, videos, audio files, or any other audiovisual or digital works available at the Site. Any other use or exploitation of the Site, including the Content, is strictly prohibited.
YOU UNDERSTAND AND AGREE AND ACKNOWLEDGE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS BY VIEWING, SAVING OR DOWNLOADING THE CONTENT FROM THE SITE. You agree that links to the Site are only permitted upon express permission from and arrangement with Site. Permission is hereby granted for and you are specifically allowed to link to the Site from social media websites including, but not limited to Facebook.com, Twitter.com and other similar social media websites. You acknowledge and agree that modification of the Site or use of the Site for any purpose except as provided herein is a violation of the copyright and other rights of Site and other Licensors of the Content. You agree to use the Site only for purposes, which are lawful where you are located. If the Site is not legal where you are located, then you are prohibited from using the Site. If you violate any provision of this Agreement, your permission to use the Site will automatically terminate and you must immediately destroy any copy you may have of any of the Content. Any other use or exploitation of this Site, including the Content, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
The Site grants to you this limited purpose license for personal use of the Content and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Content, or any portion thereof, for any commercial purpose or use whatsoever. The Site may issue to you a username and password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username and password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other people access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. The Site shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
By posting any images, videos, audio files, reviews, comments, suggestions, concepts or other material, or emailing same to Site, you automatically grant to the Site, and the vendors, affiliates and customers thereof, a royalty-free, perpetual, irrevocable, non-terminable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as a part of other works, throughout the world, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) the Site's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You agree to indemnify and hold the Site harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against the Site, arising out of or relating to the Site's exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms and Conditions.
Any and all rights not expressly granted by the Site to you herein are reserved to the Site. You may not download, modify, publish, transmit, transfer, sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site or Content, in whole or in part, without the prior written consent of a party authorized to bind Site, except as expressly permitted in these Terms and Conditions.
3. CONTENT SUBMISSION
You are invited to submit (and thus become a "Content Submitter") relevant content to the Site with said content being subject to review and removal if it violates these Terms and Conditions. You understand that regardless of whether or not any of your submitted content is ever published, the Site does not guarantee any confidentiality with respect to your submissions. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. As a Content Submitter, you promise, affirm, represent, and/or warrant that: you own or have the necessary licenses and rights to use the content that is being submitted.
Any Content Submitter may be terminated by the Site at any time for cause or without cause in the Site's sole and absolute discretion. Any Content Submitter terminated may have their right to payment terminated as well at the sole discretion of the Site.
You understand that by submitting content to the Site, you hereby grant to the Site a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted content on the Site as well as the Site's related websites including its successors' and affiliates' businesses, including without limitation the use of the submitted content for promotion and redistribution; including any derivative works thereof in any media formats and through any media channels. You also hereby grant each customer of Site a non-exclusive license to access your submitted content through the Site, and to use, reproduce, distribute, display and perform such the submitted content as permitted through the Site and under these Terms and Conditions. The above licenses granted by you in User Comments are perpetual and irrevocable.
You agree that you will not submit images, video, text or audio files that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to the Site all of the license rights conveyed herein. We ask that any content you submit be relevant to the Site and that you abide by the following rules:
• The Site is not designed for allow sexually explicit content and said content is not allowed on the Site.
• While nudity is allowed in the content submitted by Content Submitters, the Content Submitter is solely and completely responsible for obtaining and complying with the record keeping requirements of Section 2257 of the United States Code.
• We reserve the right to reject and remove any content that is posted to the Site for any reason in our sole discretion and without recourse. You waive any rights you may have regarding any content that is removed from the Site.
• You should only submit images, videos, text and audio files that you made or that you have the right to use. Please respect the copyrights of third parties.
• We do not allow the posting of content that identify personal information or is harassing in nature.
• We do not allow you to post content that is spam or spam in nature.
4. PAYMENT FOR CONTENT SUBMITTERS
The Site shall pay Content Submitters for submitting content and generating traffic for the content through social media sites all as set out in particular on the Site. Payment is for value received as a result of the Content Submitters submitting content on the Site and then linking to said content using various social media sites. The Site reserves the right to change the payment schedule without notice and at any time and to refuse to count any page views or traffic sent by the Content Submitter if the traffic and page views are from sources other than recognized social media sites. The Site reserves the right to judge, approve or reject, in the Site's absolute discretion, whether the traffic and page views generated by the Content Submitter are from a valid social media site. Please check the Site frequently to view the current payment program as well as any special contests and promotions that may appear from time to time.
The Site reserves the right to change payments and programs for the Content Submitters without notice and at any time. Due to the nature of the Site and the services provided by the Site, there is no way to guarantee that any one program or special promotion will continue so you should take advantage of a specific program while it is in place.
Payment to Content Submitters shall be made within two weeks of the end of the month for which payment became due and payable and within two weeks of the end of any contest as may be applicable. No payment shall be due and payable to you unless you have earned at least $50 as due and payable. The Site reserves the right to change the minimum payment amount as set out herein at any time and without notice.
5. ADULT CONTENT
Some of the Content of this site is inappropriate for children and as such, the Site is not intended for use by persons under the age of eighteen (18) years of age (hereafter referred to as "Minors"). By accessing the Site, you certify that you (i) are at least 18 years of age (21 years of age in any other location where the age of majority is greater than 18); (ii) are interested in accessing and viewing adult themed content; (iii) will not expose the content to a minor or any person who may find the content offensive; (iv) are familiar with the standards in your community regarding adult materials; (v) understand and accept that you may be exposed to visual images and video clips of an adult nature.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
The Site offers the services for entertainment and information purposes only. Site does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, the Site is not responsible for errors in or omissions from the information contained or accessed through the Site.
NEITHER THE SITE NOR ANY PROVIDER OF CONTENT FOR THE SITE (INLCUDING CONTENT SUBMITTERS) OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES THE SITE, ANY PROVIDER OF CONTENT TO THE SITE INCLUDING CONTENT SUBMITTERS, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE IMAGES, VIDEOS, AUDIO FILES, TEXT AND ALL CONTENT CONTAINED THEREIN AS WELL AS THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
NEITHER THE SITE NOR ANY THIRD PARTY CONTENT PROVIDER INCLUDING CONTENT SUBMITTERS AND THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In addition to any other rights of the parties set forth herein, either you or the Site may cancel or terminate this Agreement at any time and upon said termination, you will cease and stop using this Site and destroy any copies of the Content that you may have. Upon any termination of this Agreement, all rights and responsibilities of the Site to perform as set out herein shall also terminate. The Site also reserves the right to restrict, suspend or terminate your access, use or submission to the Site in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If the Site terminates this Agreement based on a breach by you of any portion of this Agreement, the Site reserves the right to refuse to make any payments to you as may be due pursuant to a program, contest or other obligation as may be set out on the Site.
You hereby agree to indemnify, defend and hold harmless the Site and its affiliates, employees, officers, contractors and related companies from and against any and all liability and costs incurred by Site or its affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. Moreover, this indemnification shall specifically apply to any liability that may arise as a result of third party claims relating to content submitted by you. You shall cooperate as fully as reasonably required in the defense of any claim. The Site reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you with reasonable reimbursement for any costs or expenses incurred by the Site. In any indemnification situation, you shall not in any event settle any matter without the written consent of Site.
8. GENERAL TERMS
You are responsible for all charges associated with connecting to the Site, including without limitation all telephone access and data charges as well as computer equipment and any service fees necessary to access the Site. For purposes of identification and payment to you for your earnings as set out herein, you agree to provide the Site with accurate, complete, and updated information required for the registration form including your legal name, address, and applicable payment data so that payment may be made to you for you as a Content Submitter. Failure to comply with this provision (including without limitation providing false information in the registration form) may, at the Site's option, result in immediate suspension or termination of your right to use the Site.
You agree to promptly update your personal information in the event of any known or suspected unauthorized use of your user name or password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. In the event of a breach of security, you will remain liable for any unauthorized use of your account until you update your personal information.
Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms and Conditions, as follows: Electronic mail (e-mail) must be sent using the online contact us page for the Site.
If any provision of this Agreement is held invalid, unenforceable or void, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect.
These Terms and Conditions constitute an express written agreement between you and the Site. A printed version of this Agreement, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
The Site makes no representation or warranty that the Content on the Site is legal, appropriate or available for use in other locations. Your choice to access this Site is at your own risk and you are responsible for compliance with any and all local laws.
The Site shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure; meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
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.
YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING.
The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
The Site has the right to modify this Agreement and any policies affecting the Site without any prior notice. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Site in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of payment associated with submitting Content, is to stop submitting content to the Site or stop visiting the Site.
The Site has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Content on the Site. The Site may also impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability.