This document spells out the Terms of Service and Privacy Policy governing the FirstBlastit platform that includes the Website as well as the Mobile Application, which is owned wholly by First Solutions LLC, a limited liability company based in Connecticut, USA. Hereafter, the acronym “FB” shall denote “the FirstBlastit platform that includes the Website as well as the Mobile Application” and the acronym “FS” shall denote “First Solutions LLC” the company that owns the FirstBlastit platform. FB and FS may also be termed “We”.
This document represents a legally binding contract between the user and the FB platform. By the instrument of ownership, the contract between the user and the FB platform shall also be construed as a contract between the user and FS, the owner of the platform. The User as defined further below may also be termed “You”.
By clicking “Yes” to the “I agree to this document” and by using our services otherwise, you are entering into a legally binding agreement between yourself, FB and FS.
Even if you use the services provided by the FB platform on behalf of your employer or self-owned company or on behalf of any other company for which you act in a consulting, digital marketing or other capacity, if you do not agree to all of the terms and conditions and statements in this document, do not click “Yes” and do not use the services provided by FB.
The term “User” is defined by FB as one who has formally registered either as a user or as any visitor who visits this site to evaluate or use our services, benefits and certain other features. In the case of the visitor, acceptance to the terms and conditions and privacy policies of this document is implied. If you object to any of these, please exit from this site.
We reserve the right to revise and update this document anytime in the future. Should there be a revision or update, it is implied that you agree to the revised and updated document; should you object or disagree to the revised and updated document or portions thereof, stop using our services immediately.
3.0.1: You confirm that you are at least 18 years of age. This platform is not for the use of persons under the age of 18.
3.0.2: You agree to use your real name and a valid non-disposable email address and a valid non-temporary (non-pay-as-you-go) cell phone number during registration.
3.0.3: You agree to keep your login credentials such as password, etc. confidential and not share with anyone.
3.0.4: You shall not create duplicate and fake accounts for the purposes of avoiding becoming a paid user and / or for getting free clicks of SPC or BTM in excess of allowable limits for the free account.
3.0.5: You shall not use vulgarities, obscenities, indecent or threatening terms or other socially unacceptable language anywhere during the use of the platform while uploading content or provide links and contact points to such sites and addresses in Self Promotional Content areas.
3.0.6: Uploading any content that has anything to do with components in whole or part of weapons, guns and ammunitions, including any components that could be used in chemical or biological warfare and other acts of violence and terrorism including but not limited to audio clips involving technical, engineering, design, scientific or marketing content in nature dealing these or providing links and other Self Promotional Content in connection with these are strictly prohibited by the platform.
Laws vary depending on location; since FB operates on a global level, we maintain the strictest standard and prohibit all references to the above, whether in posting or Self Promotion and linking.
3.0.7: Uploading any content that has anything to do with any and all mind altering drugs including but not limited to marijuana, cocaine, alcohol, tobacco, etc., in any form or their derivatives as well as products or services related to human sexuality in any form including but not limited to audio clips involving technical, engineering, design, scientific or marketing content in nature or providing links and other Self Promotional Content in connection with these are strictly prohibited by the platform.
Laws vary depending on location; since FB operates on a global level, we maintain the strictest standard and prohibit all references to the above, whether in posting or Self Promotion and linking.
3.0.8: Uploading any content that has anything to do with politics, political posture, political history, political opinions, religion, religious history, religious opinions, race and national origins, geo-political news, activities and opinions in any form including but not limited to audio clips as well as providing links and other Self Promotional Content in connection with these are strictly prohibited by the platform.
Laws vary depending on location; since FB operates on a global level, we maintain the strictest standard and prohibit all references to the above, whether in posting or Self Promotion and linking.
3.0.9: Uploading any content that misleads listeners by providing false data, false scientific claims, false and unproven theories, fabricated data and unsubstantiated information with an intent to spread disinformation and / or misleadingly promote a product is prohibited by the platform.
3.0.10: Uploading content that encourages, persuades or tempts users of the platform to either subscribe to a service, purchase a product or conduct experiments or perform activities that may be dangerous, injurious and / or debilitating are strictly prohibited.
3.0.11: The FB platform very strongly stands for and encourages the posting of valuable content and promoting your products and services by users reaching you via the Get SPC and BTM buttons. Except for the posting of jobs, sale of businesses, offer of capital, etc., repeated uploading content that has no inherent value other than being purely an advertisement for the sale of goods and services is considered objectionable content by the FB platform and may result in your account being terminated. It is very easy to determine repeated spamming in this regard; use your common sense to avoid getting terminated.
3.0.12: Intentional placing of audio clips into improper categories and sub-categories is not allowed; while there may be instances where a clip may be difficult to be placed in an exact category / sub-category location due to its unique content, routine mis-placement in order to stay in popular tracks is prohibited.
3.0.13: You agree to upload only that content that you have created and own. You own the content you upload and are personally responsible and liable for it and you agree NOT to violate any copyright laws. Should any dispute arise regarding copyrighted content, you agree to personally take it up with the plaintiff.
3.0.14: While you own the content you have uploaded, you grant the FB platform a royalty free global license that is in addition to being non-exclusive is also transferable to FB, it’s affiliates or future owners for distribution, re-distribution or for other purposes. You grant FB the license to hold on to your content even after it may have vaporized from the platform.
3.0.15: You also grant the users of the FB platform, including other listeners, the right to download your content, make derivative works out of it, share it with “their” friends and use it in their marketing and promotional websites and properties as long as they use the “play” feature of the platform.
3.0.16: You give the FB platform the right to monetize by placing advertisements on your content or charge other users a fee by way of subscription fees to access your content and charge users a fee to access your Self Promotional Content. You may receive no payments for this. Any payments you may receive in the future from the FB platform are to be construed as payments for services rendered and not as payments for the use of your content.
3.0.17: You agree not to interfere with the normal operation of the platform by intentional fraudulent claims of copyright violations, intentional and fraudulent flagging of content as Objectionable and intentional spamming of the users by clicking the Get SPC and Get BTM buttons with no desire to engage.
3.0.18: You agree not to involve in any activities that will interfere with any current or future revenue streams of the FB platform including sharing of login credentials, creating multiple accounts, etc.
3.1.1: You agree not to create accounts with false identities.
3.1.2: You agree not to use any technology to scrape the platform to access user data for any purpose.
3.1.3: You agree not to introduce any software viruses, worms or any other malware or other destructive and malicious code.
3.1.4: You agree not to reverse engineer, decompile or enable reverse engineering of the FB platform code, design or logic either individually or collectively.
3.1.5: You agree not to imply official association with the FB platform without the express written consent of FB. For example, you may not state to anyone that you are an FB Certified Consultant unless you are approved so in writing by FB.
3.1.6: You agree not to use any methods to access FB’s databases.
3.1.7: You agree not to make derivative works based upon the flow, logic, source code or any other design aspects of FB.
3.1.8: You agree not to cause overload on the platform by employing any means that violates this terms of service.
3.1.9: You agree not to share with any third party or publish results of any benchmarking tests that you or someone else has performed for this platform.
3.1.10: Certain open source code may be part of the FB platform code. In those cases, you agree that the terms and conditions of that specific open source code will be applicable.
3.2.1: FB strives to maintain freshness of content for improved user experience.
3.2.2: To this end, only one audio clip by a specific user is allowed to be present in the Current Track at any point in time. So a listener is not subjected to listening to clips by the same specific user at a reasonable listening session.
3.2.3: As fresh clips by other users are uploaded into the Current Track, all previous clips moves along the Current Track and then fall over to the Retro Tracks. When the subject user’s clip falls into the Retro Track, new uploads by the subject user will get a chance to get into the Current Track.
3.2.4: The new clip uploaded by the Subject User waits in a queue, until a slot opens up in the Current Track.
3.2.5: You understand that the time your clips wait in queue is dependent upon the existence of one of your clips in the Current Track and rate of uploads by other users. In other words, they may not get in the Current Track right away.
3.2.6: The logic of only one clip by an uploader in a track is applicable to all users indiscriminately.
3.2.7: Free Users have a 3 clip upload limit per month.
3.3.1: Refunds for cancelled subscriptions take place strictly by the policies of the store from where the App was downloaded, namely by AppStore or PlayStore. The FB platform adheres strictly to their guidelines and uses their in-app purchasing methods only.
3.3.2: If a user’s account is suspended by the FB platform, then No Refunds of Any Kind will be made to the User. Refusal of Service by the FB platform is at the sole discretion of the platform as indicated elsewhere on this document. Hence, play by the rules and protect your account.
3.3.3: In the rare case of FB re-instating a Paying User’s Account, if the user had paid for a yearly subscription, but got suspended, say 3 months into the subscription, FB MAY, solely at its discretion, choose to honor the remaining period left of the subscription at the same subscription level without payment.
FS including its officers, employees and authorized agents make no representations or warranties expressed or implied or statutory about the FB platform, including but not limited to representations that the platform will be operating error free both from hardware and software standpoints and is made available to all entities including businesses and individuals on an “as is” basis without any representations of warranties or merchantability or fitness either expressed, implied or statutory for a particular use.
As such FS and its officers,employees and authorized agents will not be held liable in any way or by any means for lost business opportunities, lost profits, loss or corruption of data due to the use of the FB platform. FS and its officers, employees and authorized agents will not be held liable for any direct, indirect, incidental, consequential, special, particular or any punitive and collateral damages.
Additionally, you agree not to pursue any class action legal activities against FS, the owner of the FB platform.
FS at any point in the future may choose to sell its interests in the FB platform either in whole or in part to a third party buyer. In such a case, the contents, obligations, terms and conditions of this document will still be in force, until such time that the new buying entity revises and updates accordingly.
The FB platform in its entirety including but not limited to the logical flow of events such as user engagement, track design, vaporization mechanisms, the logo, the screen design, etc., form the intellectual property of FS and may not be copied either in whole or part, nor derivative works developed and sold either for profit or as open source unless compensated to FS according to its terms and demands.
You agree that FS through the FB platform reserves the right to refuse service to any entity, business or individual and such decision may be made solely at its discretion and not be challenged anywhere anytime. Being a private community of users who seek to network professionally using this platform, FS through FB can block a user or terminate a user’s account without reason and may not be challenged. In all cases, the FB decision will be considered final and binding.
8.0.1: FB collects data provided by you during the sign-up process such as user name, email address and cell phone number only in order to authenticate you as the user.
8.0.2: FB also has available to it data on your Self Promotional Content. This is used only to ensure that NO objectionable links or promotional statements are used that violate other parts of this document.
8.0.3: FB uses In-App Purchases as the payment gateway to process subscriptions and user payments; FB does not store user credit card information.
For your convenience, the following are the links to the In-app purchase policies of the respective stores:
Apple App Store:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Google Play Store:
https://play.google.com/about/play-terms/index.html
8.0.4: FB does NOT employ cookies. FB may at some point in the future decide to place advertisements from within its ad module and if so, such advertising will be based solely on the category and sub-category the advertiser chooses and NOT based on user data.
8.0.5: FP does not sell your personal data including email addresses or cell phone numbers to any third party ad networks or advertisers.
8.0.6: FB uses your email address to keep you posted of important announcements, user feedbacks, etc.
8.0.7: In the case of deleting or terminating of an account, FB may hold on to some data for a reasonable short period of time, in order to prevent fraud and for the purpose of legal and law enforcement institutions as is the case with many social platforms.
8.0.8: Because the FB Mobile Application is downloadable from App Stores such as the one operated by Apple, Google, etc., be informed that the respective App Store Owners are not responsible for the maintenance of this FB App or it’s functionality, but you must meet their terms and conditions for downloading and use.
8.0.9: This entire agreement shall be construed and governed by the laws of the State of Connecticut, Connecticut, USA.