Terms of Use
Effective Date: September 1, 2007|
By using SocialSplash currently located at http://www.socialsplash.com, you agree to be bound by these Terms of Use, whether or not you register as a member of SocialSplash. SocialSplash reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of SocialSplash after any such changes constitutes your acceptance of the new Terms of Use. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes.
Eligibility and Registration You must be 13 years or older to use SocialSplash.com. By registering for SocialSplah, you represent and warrant that you are 13 years or older and that you have the capacity to understand, agree to and comply with these Terms of Use. You should provide true, accurate and complete registration information to be a SocialSplash.com member. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. Member Conduct and Appropriate Content SocialSplash is available for your persona, non-commercial use only. You may not use SocialSplash for any illegal or unauthorized purpose. International users agree to comply with a local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on SocialSplash.com. We may, but shall have no obligation to, remove content that we determine in our sole discretion are unlawful, fraudulent, threatening, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Use. Further, under no circumstances does SocialSplash have any obligation to check the accuracy or truthfulness of the any content, nor to monitor any member's use of SocialSplash. Conditions For Use You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through SocialSplash. By way of example, and not as a limitation, you agree NOT to: - Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others. - Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, profane, defamatory, infringing, inappropriate, nude, pornographic, hateful, or racially, ethnically or otherwise objectionable material , photos, videos, or information. - Use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other members. - Submit content that is unlawful or promote or encourage illegal activity or that would violate the property rights of others. - Submit content of any third party without such third party's prior written consent, or content that falsely expresses or implies that such content is sponsored or endorsed by SocialSplash.com - Create a false or misleading identity of, including, but not limited to, a SocialSplash employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others. - Access any content made available on SocialSplash website through any technology or means other than as SocialSplash shall explicitly designate for the purpose. - Disable, circumvent, or otherwise interfere with any security and/or copyright protection features of the SocialSplash.com website, which shall include any features that limit or control the use of the SocialSplash.com website or your ability to access, use, copy or share content. - Transmit, email or post any material that contains in any form of software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. - Use the SocialSplash.com in any unlawful manner or in any other manner that could adapt, modify, damage, disable, overburden or impair the website (and all related technologies). - Attempt to gain unauthorized access to SocialSplash services, other accounts, computer systems or networks connected to SocialSplash, through password mining or any other means. - Modify, adapt, translate, or reverse engineer any portion of SocialSplash, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or SocialSplash service. - Reformat or frame any portion of the web pages that are part of the SocialSplash.com - Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law. - Remove any copyright, trademark or other proprietary rights notices contained in or on SocialSplash.com. - Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. - Interfere with another member's use and enjoyment of SocialSplash.com website. - Harvest or collect email addresses or other contact information of members, including usernames, from the SocialSplash.com website by electronic or other means. - Use SocialSplash.com website for any commercial use, without the prior written consent of SocialSplash. Proprietary Rights SocialSplash does not claim any ownership rights in any content that you submit, post, or display on or through the SocialSplash.com website. After submitting, posting or displaying content on or through the SocialSplash.com website, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By submitting, posting or displaying any content on or through SocialSplash, you hereby grant to SocialSplash a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content (and all components or underlying works making up the content) solely on and through SocialSplash. Without this license, SocialSplash would be unable to provide SocialSplash. For example, without the right to modify your content, SocialSplash would not be able to digitally compress music files that you or other members submit or otherwise format content to satisfy technical requirements, and without the right to publicly perform content, SocialSplash could not allow users and members to listen to music posted by members. The license you grant to SocialSplash is non-exclusive (meaning you are free to license your content to anyone else in addition to SocialSplash), fully-paid and royalty-free (meaning that SocialSplash is not required to pay you for the use on SocialSplash of the content that you post), sublicensable (so that SocialSplash is able to use its affiliates and subcontractors such as Internet content delivery networks to provide SocialSplash), and worldwide (because the Internet and SocialSplash are global in reach). This license will terminate at the time you remove your content from SocialSplash, except that you agree that the license will continue solely with respect to other members' continued use of your content that are not music or videos (i.e. photos or skins); provided, however if you remove any of the content from SocialSplash, SocialSplash reserves the right to remove all of your content from other member's pages. The license does not grant SocialSplash the right to sell your content, nor does the license grant SocialSplash the right to distribute your content outside of SocialSplash. You represent and warrant that: (i) you own the content posted by you on or through SocialSplash or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through SocialSplash 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 SocialSplash. SocialSplash, Inc. and its affiliates and licensors own and retain all rights in the SocialSplash.com Web site and SocialSplash Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of SocialSplash by SocialSplash.com. Except as expressly authorized by SocialSplash.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of SocialSplash.com's proprietary information. 'SocialSplash' and 'SocialSplash.com' are trademarks of SocialSplash, Inc. Copyright You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. SocialSplash respects the intellectual property rights of others and will terminate any user's access to the SocialSplash.com website according to these terms of use if SocialSplash is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification ("Notice") with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below: (i) statement that you have identified material on the SocialSplash.com website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the SocialSplash.com web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner. Internt Access SocialSplash shall not be responsible for any connection or access to the SocialSplash.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the SocialSplash.com website via the Internet, and the Internet access charges thereon. SocialSplash may sometimes be inaccessible, or it may not function properly with your web browser and operating system. SocialSplash cannot be held liable for any perceived or actual damages arising from the operation, content, or use of this site. Termination of SocialSplash Service These Terms of Use will apply to your use of SocialSplash. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the SocialSplash service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership. SocialSplash may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the SocialSplash service, or any part thereof, with or without notice. You agree that any termination of access to the SocialSplash service under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that SocialSplash may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the SocialSplash service. Where possible, SocialSplash will use reasonable efforts to give members fair notice of termination or suspension of their access to the SocialSplash service. Further you agree that SocialSplash shall not be liable to you or any third party for any termination or suspension of access to the SocialSplash service or modification of the SocialSplash service. Disclaimer of Warranties SocialSplash, Inc. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('SocialSplash') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the SocialSplash service. SocialSplash further expressly disclaims (1) that the SocialSplash service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the SocialSplash service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the SocialSplash service or the content made available as part of the SocialSplash service will be correct, accurate, timely, or otherwise reliable. SocialSplash expressly disclaims any and all responsibility and liability for the conduct of any other member, and expressly disclaims that the content and Materials of the SocialSplash service input by other members is correct or accurate. THE SOCIALSPLASH SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SocialSplash SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. SocialSplash EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE SOCIALSPLASH SERVICE IS ENTIRELY AT YOUR OWN RISK. Hold Harmless and Indemnity You agree to hold harmless and indemnify, and at SocialSplash's request defend, SocialSplash, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the SocialSplash.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, SocialSplash will provide you with written notice of such claim, suit or action. Limitation of Liability YOUR USE OF THE SOCIALSPLASH SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL SOCIALSPLASH, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SOCIALSPLASH SERVICE, WHETHER OR NOT SOCIALSPLASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOCIALSPLASH SERVICE, FROM INABILITY TO USE THE SOCIALSPLASH SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOCIALSPLASH SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SOCIALSPLASH SERVICE OR ANY PART OF THE SOCIALSPLASH SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOCIALSPLASH SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL SOCIALSPLASH BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). Notices SocialSplash may provide you with notices regarding the SocialSplash.com service or these Terms of SocialSplash Use by regular mail, email, or postings to this Web site. Legal Compliance You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the SocialSplash Services. |
