TERMS and CONDITIONS of MEMBERSHIP
1. By becoming a member of this service (the "Service" or “Service Website” or “Service Platform”), you become a Subscriber (“Subscriber” or “Member”) and agree to be bound by this Agreement (the "Agreement"). This Agreement is subject to change at any time, and changes are effective upon each update of this Agreement.
2. Some or all of the following fees and charges may be incurred by the Subscriber: Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms.
3. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes the "Service" to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. Subscriber hereby further authorizes the "Service" to charge Subscriber's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by Traffic Soup LLC. Subscribership may not be assigned or transferred to any other person or entity. Subscriber must promptly inform billing of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Traffic Soup LLC is notified, by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
4. Payment for the appropriate services may be made by automatic credit card debit. Members will be automatically renewed for the original term upon expiration, unless Traffic Soup LLC is notified via email, along with your UserName and Password, 48 hours prior to membership expiration. Three or Seven Days Special Introductory Trial Memberships shall renew at the normal one-month membership rate. Three or Seven Day Special Introductory Trial Memberships do not grant the member access to the full selection of content or full range of benefits of the Service. Trial Memberships receive access to a reduced amount of content and services, which is upgraded to full access upon the renewal to the full one-month membership, or upon request of the subscriber via "Membership Upgrade" links present in the password protected area of the Service.
5. Subscription to the Service may be terminated at any time, and without cause, by either Traffic Soup LLC or the Subscriber upon notification of the other by electronic mail. Subscribers are liable for charges incurred by them until termination of service.
6. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, Traffic Soup will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
7. Any liability of Traffic Soup including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the subscriber to Traffic Soup for the previous one (1) transaction period. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. No warranty is made by Traffic Soup regarding any information, services, or products provided through or in connection with the Service, and Traffic Soup hereby expressly disclaims any and all warranties, including without limitation:1) any warranties as to the availability, accuracy, or content of information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Except for public domain material and electronic messages, all material published to the Service by Traffic Soup LLC, is copyrighted by Traffic Soup, LLC and may not be copied, redistributed, or published in any form, in whole or in part, without the prior written consent of the copyright owner, unless otherwise clearly stated in this Agreement.
10. The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.
11. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement.
12. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
13. When you visit and purchase a membership to Traffic Soup operated sites or provide us your email to request free promotional newsletters and advertising, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).
15. Notices by Traffic Soup to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages unless otherwise specified in the Agreement.
* All questions regarding new membership by means of electronic message should be sent to Customer Service
16. The subscriber hereby warrants and represents that he or she is over the age of eighteen (18) or twenty-one (21) in some jurisdictions; and in all respects is qualified and competent to enter into this agreement.
17. Social Networking Terms and Services:
The Service is providing a social networking platform (“Platform”) that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by The Service include the The Service Website, the The Service Internet messaging platform, and any other features, content, or applications offered from time to time by The Service in connection with the Website. The Website and Services are hosted in the U.S.
Please choose carefully the information you post on The Service and that you provide to other Users. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing obscene, lewd, excessively violent, harassing, or otherwise objectionable subject matter. Despite this prohibition, information provided by other The Service Website Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and The Service assumes no responsibility or liability for this material. If you become aware of misuse of the The Service Platform by any person, please contact support.
The Service reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the The Service Platform at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Membership in the The Service Platform is void where prohibited. By using the The Service Platform, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the The Service Platform does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the The Service Platform or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the support page. The Service may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. Non-commercial Use by Members. The Service Platform is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Service. Illegal and/or unauthorized use of the The Service Platform, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the The Service Platform.
4. Proprietary Rights in Content on The Service.
1. The Service does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the The Service Website or through the Service Platform. After posting your Content to the The Service Platform, you continue to retain all ownership rights and liability for such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the The Service Platform, you hereby grant to The Service a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content forever and in perpetuity.
Without this license, The Service would be unable to provide the The Service Platform. For example, without the right to modify Member Content, The Service would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without this right, The Service could not allow Users to listen to music posted by Members. The license you grant to The Service is non-exclusive (meaning you are free to license your Content to anyone else in addition to The Service), fully-paid and royalty-free (meaning that The Service is not required to pay you for the use of the Content that you post), sublicensable (so that The Service is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the The Service Platform), and worldwide (because the Internet and the The Service Platform are global in reach). This license will not terminate at the time you remove your Content from the The Service Platform. The license does not grant The Service the right to sell your Content, however it does grant The Service the right to distribute your Content outside of the The Service Website.
2. You represent and warrant that: (i) you own the Content posted by you on or through the The Service Platform or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the The Service Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the The Service Platform.
3. The The Service Platform contain Content of Users and other The Service licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the The Service Platform.
5. Content Posted.
1. The Service may delete any Content that in the sole judgment of The Service violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The Service assumes no responsibility for monitoring the The Service Platform for inappropriate Content or conduct. If at any time The Service chooses, in its sole discretion, to monitor the The Service Platform, The Service nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the The Service Platform, and any material or information that you transmit to other Members and for your interactions with other Users. The Service does not endorse and has no control over the Content. Content is not necessarily reviewed by The Service prior to posting and does not necessarily reflect the opinions or policies of The Service. The Service makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
6. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the The Service Platform. The Service reserves the right to investigate and take appropriate legal action against anyone who, in The Service's sole discretion, violates this provision, including without limitation, removing the offending communication from the The Service Platform and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of The Service:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains violence, or offensive subject matter or contains a link to another website.
5. provides any telephone numbers, street addresses, last names, URLs or email addresses;
6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. includes a photograph of another person that you have posted without that person's consent.
14. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
15. advertising to, or solicitation of, any Member to buy or sell any products or services through the The Service Platform. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the The Service Platform in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, The Service reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which The Service deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the The Service Platform, you acknowledge that you will have caused substantial harm to The Service, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay The Service $50 for each such unsolicited email or other unsolicited communication you send through the The Service Platform;
16. covering or obscuring the banner advertisements on your personal profile page, or any The Service page via HTML/CSS or any other means;
17. any automated use of the system, such as using scripts to add friends or send comments or messages;
18. interfering with, disrupting, or creating an undue burden on the The Service Platform or the networks or services connected to the The Service Platform;
19. attempting to impersonate another Member or person;
20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
21. selling or otherwise transferring your profile;
22. using any information obtained from the The Service Platform in order to harass, abuse, or harm another person;
23. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the The Service Platform on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
24. using the The Service Platform in a manner inconsistent with any and all applicable laws and regulations.
7. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of The Service to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to The Service by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the The Service Platform in a way that constitutes copyright infringement, please provide our Attorney with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the The Service Platform; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Service's Attorney for notice of claims of copyright infringement can be reached as follows: Corporate Counsel, Traffic Soup, LLC. Chad Belville, Esq. PO Box 91314 Phoenix, AZ 85066 Facsimile: 602.297.6953 ; and email Traffic Soup, LLC here.
8. Member Disputes. You are solely responsible for your interactions with other Members. The Service reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Disclaimers. The Service is not responsible for any incorrect or inaccurate Content posted on the The Service Website or in connection with the The Service Platform, whether caused by Users of the The Service Platform or by any of the equipment or programming associated with or utilized in the The Service Platform. Profiles created and posted by Members on the The Service Website may contain links to other websites. The Service is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by The Service. Inclusion of any linked website on the The Service Platform does not imply approval or endorsement of the linked website by The Service. When you access these third-party sites, you do so at your own risk. The Service takes no responsibility for third party advertisements which are posted on this The Service Website or through the The Service Platform, nor does it take any responsibility for the goods or services provided by its advertisers. The Service is not responsible for the conduct, whether online or offline, of any User of the The Service Platform. The Service assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. The Service is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the The Service Platform or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the The Service Platform. Under no circumstances shall The Service be responsible for any loss or damage, including personal injury or death, resulting from use of the The Service Platform, attendance at a The Service event, from any Content posted on or through the The Service Platform, or from the conduct of any Users of the The Service Platform, whether online or offline. The The Service Platform are provided "AS-IS" and as available and The Service expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Service cannot guarantee and does not promise any specific results from use of the The Service Platform.
11. Limitation on Liability. IN NO EVENT SHALL THE SERVICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SERVICE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SERVICE FOR THE THE SERVICE PLATFORM DURING THE TERM OF MEMBERSHIP.
12. Disputes. If there is any dispute about or involving the The Service Platform, you agree that the dispute shall be governed by the laws of the State of North Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of North Carolina, Wake County. Either The Service or you may demand that any dispute between The Service and you about or involving the The Service Platform must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Wake County, North Carolina, USA, provided that the foregoing shall not prevent The Service from seeking injunctive relief in a court of competent jurisdiction.
13. Indemnity. You agree to indemnify and hold The Service, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the The Service Platform in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the The Service Website or through the The Service Platform causes The Service to be liable to another.
Please contact us here with any questions regarding this Agreement.
This Agreement contains the entire agreement between the Subscriber and Traffic Soup regarding the use of the Service and the Service Platform, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by Traffic Soup to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. The Agreement shall be governed pursuant to the laws of the State of Nevada.