Terms & Conditions

(Last Modified: June 19th, 2010)

Your use of the 140fire.com website, the text messaging services, mobile applications, and various widgets provided by 140fire.com are subject to the terms and conditions set forth below ("Terms of Use").

Acceptance of Terms

Please read these Terms of Use carefully before using the text messaging services of the website (the "Services"). By using the Services in any way you signify your agreement to be legally bound by these Terms of Use. If you do not agree to all the terms and conditions contained in the Terms of Use, please do not use the Services in any manner. 140fire.com reserves the right to limit or terminate your access to the 140fire.com Services if you do not comply with the Terms of Use.

Modification of the Terms of Use

140fire.com reserves the right, at its sole discretion, to change, modify, update, add or remove portions of the Terms of Use at any time, with or without notice. The most recent version of the Terms of Use is publicly available online at http://www.140fire.com/terms.php. Please check these Terms of Use periodically for changes. The date of the most recent version will be displayed at the top of the Terms of Use for your convenience. Your continued use of the Services following the posting of any changes to the Terms of Use will mean that you agree to and accept such changes.

Purpose and Description of Services

140fire.com enables consumers to interact with live events. Consumers with SMS-enabled communications devices can send a text with word "PLAY" to 44744. Consumer agreeing to the SMS and other data charges would then recieve real time questions that consumers can choose to reply to play.

Consumers can text H or HELP to 44744 in order to get help regarding our product.

Consumers can text S or STOP to 44744 to stop all messages.

Message & Data Rates May Apply.

Payments for this service are carrier specific and are as follows:

Carrier	Cost/Question
Verizon	$0.99
Virgin	$0.99
Cellular One	$0.99
AT&T	$0.99
Sprint	$0.99
T-Mobile	$0.99
Nextel	$0.99
Alltel	$0.99
Others	$0.99

Message and Data Rates May Apply

Consumes only get charged the price if they reply to the real time questions.

During the live events the organizers of the live events might choose to give away various prizes according to sweepstake rules. Each correct reply will be entered into the sweepstake.

Fees and Payments

The consumer is responsible for any fees, charges and expenses incurred in using and accessing the Services. Consumers will be charged based on the table provided above. In addition to these fees, standard text messaging charges may apply. The consumer is advised to review his/her cellular contract to understand what these standard messaging rates may be.

140fire.com uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of 140fire.com. By using the Services you agree that 140fire.com shall not be liable to you for any modification, suspension or discontinuance of the Services.

Restrictions on Use of the Service

You may not use the Services to upload or transmit any items that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Further, you may not use the Services to facilitate any infringement or misappropriation of any intellectual property rights of a third person or for any illegal activities.

All messages, information, digital files or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the advertiser who sends or publishes such items in connection with the Services. Accordingly, advertisers are responsible for all items that they upload, post, email, transmit or otherwise make available via the Service. 140fire.com reserves the right, but has no obligation, to monitor the materials uploaded and transmitted by advertisers. 140fire.com shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or these Terms of Use. In such a case 140fire.com, at its sole discretion may choose to work with the advertiser in order to update or change the offending material. Notwithstanding this right of 140fire.com, the advertiser remains solely responsible for the content of the materials posted on and transmitted using the Services.

No Unlawful or Prohibited Use

As a condition of your use of the Services as an advertiser or consumer, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any 140fire.com server, or the network(s) connected to any 140fire.com server, or interfere with any other party's use and enjoyment of the Services. You may not use the Services to upload or transmit content or advertisements that contains content that you do not have a lawful right to display or transmit. You may not use the Services to upload or transmit content that infringes on another parties' intellectual property rights, without their prior written consent; and you may not use the Service to upload or transmit advertisements that violate the privacy or personal rights of others without prior written consent.

Age Requirements and Limitations on Use of Service

140fire.com is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 may not use the Services either as an advertiser or consumer. If 140fire.com determines that a 140fire.com user, either an advertiser or consumer, is under 13 then text messages from that consumer's telephone number will not be accepted and their 140fire.com account, if one exists will be disabled and deleted. Users between the ages of 13 and 18, by using the Services, affirm that they have their parent's permission to use the Services.

Privacy Policy ("Privacy")

140fire.com is committed to maintaining the privacy of its users and advertisers. 140fire.com' privacy policy may be found at: http://www.140fire.com/privacy.php. By utilizing the Services you are consenting to the terms of this Privacy Policy.

Links

140fire.com website may contain links to third-party sites that are not under the control of 140fire.comIn addition 140fire.comay transmit to consumers links to third-party websites, not under the control of 140fire.com, via text messaging. In these cases, 140fire.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that 140fire.com endorses or accepts any responsibility for the content on such third-party site. As a consumer, your correspondence or business dealings with, or participation in promotions of, third party websites found on or through the 140fire.com site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. 140fire.com is not responsible for any loss or damage of any kind incurred as the result of any such dealing or as a result of the presence of links to such third party websites on the 140fire.com site or in text messages transmitted via the 140fire.com service.

Disclaimer Of Warranty; Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL INFORMATION ON THIS WEB SITE AND DELIVERED VIA TEXT MESSAGING UTILIZING THE SERVICES IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND 140fire.com HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, 140fire.com DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

In no event shall 140fire.com be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action based on contract, negligence or other tortious action, arising out of or in connection with the use of the Services or information delivered via the Services. In no event shall 140fire.com' liability to any user of the Services exceed the amount, if any, actually received by 140fire.com from such user as a fee for use of the Services.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information contained within the Services, and 140fire.com does not investigate or warrant the truth or accuracy of any statement made by any advertiser. The Services and the information transmitted via the Services may contain technical inaccuracies or typographical errors. 140fire.com assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the Services.

140fire.com may make changes to the Services, and any other information and materials on the 140fire.com Web site at any time and without notice.

Indemnity

You agree to indemnify, defend, and hold 140fire.com and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, information you provide to any person using the Services, your violation of the Terms of Use, or your violation of any rights of other users of the Services.

 

Termination

140fire.com reserves the right to terminate your privilege to use the Services as advertiser or consumer at any time for any reason, including without limitation, if 140fire.com has been notified by third parties or has a good faith concern that any of your activities may infringe third party rights or violate the laws or regulations of any applicable jurisdiction.

Forum and Choice of Law

Entire Agreement

These Terms of Use and the Privacy Policy referred to above constitute the entire agreement between you and 140fire.com with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between 140fire.com and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Use shall be enforceable.

Comments and Questions

If you have any questions, concerns, or comments regarding 140fire.com Terms of Use, please email us at: terms@140fire.com.

You may also contact us at:
140fire.com.
5836 Stonecrest Dr.,
Agoura Hills, CA, 91301

Copyright and Trademark Information

COPYRIGHT NOTICE: Copyright © 2012 140fire.com. All Rights Reserved.