SplashData Terms of Service
Thanks for choosing SplashData for your online productivity solutions!
Your relationship with SplashData
Your use of SplashData’s online services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and SplashData. “SplashData” means SplashData Inc., whose principal place of business is at 201 Los Gatos-Saratoga Rd., #210, Los Gatos, CA, United States.
This document explains how the agreement is made up and lays out the terms of that agreement. Unless otherwise agreed in writing with SplashData, your agreement with SplashData will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “General Terms”. Your agreement with SplashData will also include the terms of any additional Legal Notices applicable to the Services, in addition to the General Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. The General Terms, together with the Additional Terms, form a legally binding agreement between you and SplashData in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to that Service.
Your acceptance of the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by SplashData in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that SplashData will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with SplashData, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Before you continue, you should print off or save a local copy of the General Terms for your records.
Provision of the Services by SplashData
SplashData is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of some Services which SplashData provides may change from time to time without prior notice to you.
As part of this continuing innovation and as part of SplashData’s efforts to provide maintenance for the Services, you acknowledge and agree that SplashData may temporarily stop providing the Services (or any features within the Services) to you or to users generally at SplashData’s sole discretion, without prior notice to you. You acknowledge and agree that if SplashData temporarily disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while SplashData may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by SplashData at any time, at SplashData’s discretion.
Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to SplashData will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SplashData, unless you have been specifically allowed to do so in a separate agreement with SplashData. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with SplashData, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that SplashData has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SplashData may suffer) of any such breach.
Payment of Fees
Some online Services (such as SplashID Live) are offered for either a monthly or annual Fee. The Fee will be paid to SplashData by authorized credit card, or when agreed to by SplashData, by check or money transfer. Applicable Fees for the Services are available at www.splashid.com. SplashData reserves the right to change the Fees or applicable charges and to institute new charges at any time.
Monthly accounts - The date you sign up for the Services is the monthly anniversary date. Your authorized credit card will automatically be charged applicable Fees on or about the day you sign up for the Services. Thereafter, applicable Fees will be charged each month to your authorized credit card, on or about the day of the month the Services were initially charged.
Annual accounts - The day and month you sign up for the Services is your anniversary date. Your authorized credit card will automatically be charged applicable Fees on or about the day you signs up for the Services. About one week prior to your anniversary date for an annual account, you may be sent an e-mail to the e-mail address that is also your username indicating that your authorized credit card will be billed applicable fees on the anniversary date.
Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it. Access to your account will be denied if it is delinquent, and if your account is not brought current within ninety (90) days, SplashData shall have the right to delete all data stored in your account.
Your passwords and account security
You agree and understand that you are solely responsible for maintaining the confidentiality of passwords and any additional information (such as a SiteKey for SplashID Live) associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to SplashData for all activities that occur under your account.
SplashData shall not be responsible for the maintenance, storage, or retrieval of your password or SiteKey, or any loss should you lose or forget your password or SiteKey. SplashData cannot recover your password or SiteKey if they are lost.
If you become aware of any unauthorized use of your password or of your account, you agree to notify SplashData immediately at email@example.com.
DO NOT send your password or SiteKey to anyone, including anyone purporting to represent SplashData, under any circumstances.
Privacy and your personal information
Private Records in the Services
Certain SplashData services (such as SplashID Live) enable you to store sensitive information such as user names, passwords, and account numbers in Private Records.
You are solely responsible for maintaining your Private Records. Your Private Records will be encrypted and stored on SplashData servers. Decrypted Private Records are never sent or stored by SplashData. SplashData will be unable to read or decrypt Private Records.
Certain Services such as SplashID Live allow you to send encrypted Private Records via email. WARNING: You are solely responsible for maintaining security of any Private Records sent by email.
Public Content in the Services
You understand that all information other than Private Records (such as SplashShopper lists or photographs in SplashPhoto) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Public Content”.
You should be aware that Public Content presented to you as part of the Services, including but not limited to any advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to SplashData (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Public Content (either in whole or in part) unless you have been specifically told that you may do so by SplashData or by the owners of that Public Content, in a separate agreement.
SplashData reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Public Content from any Service. You understand that by using the Services you may be exposed to Public Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that SplashData has no responsibility to you or to any third party for) any Public Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which SplashData may suffer) by doing so.
You acknowledge and agree that SplashData (or SplashData’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by SplashData and that you shall not disclose such information without SplashData’s prior written consent.
Unless you have agreed otherwise in writing with SplashData, nothing in the Terms gives you a right to use any of SplashData’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Other than the limited license set forth below, SplashData acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Public Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Public Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with SplashData, you agree that you are responsible for protecting and enforcing those rights and that SplashData has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by SplashData, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from SplashData
SplashData gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by SplashData as part of the Services as provided to you by SplashData (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SplashData, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by SplashData, in writing.
Unless SplashData has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Public Content license from you
You retain copyright and any other rights you already hold in Public Content which you submit, post or display on or through, the Services. By submitting, posting or displaying any Public Content (such as making a SplashShopper list available to others) you give SplashData a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Public Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling SplashData to display, distribute and promote the Services and may be revoked for certain Services as defined in any Additional Terms of those Services.
You agree that this license includes a right for SplashData to make such Public Content available to other companies, organizations or individuals with whom SplashData has relationships for the provision of syndicated services, and to use such Public Content in connection with the provision of those services.
You understand that SplashData, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Public Content over various public networks and in various media; and (b) make such changes to your Public Content as are necessary to conform and adapt that Public Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit SplashData to take these actions.
You confirm and warrant to SplashData that you have all the rights, power and authority necessary to grant the above license.
The Software which you use may automatically download and install updates from time to time from SplashData. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit SplashData to deliver these to you) as part of your use of the Services.
Ending your relationship with SplashData
The Terms will continue to apply until terminated by either you or SplashData as set out below.
If you want to terminate your legal agreement with SplashData, you may do so by (a) notifying SplashData at any time and (b) closing your accounts for all of the Services which you use, where SplashData has made this option available to you. Your notice should be sent, in writing, to SplashData’s address which is set out at the beginning of these Terms.
SplashData may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) SplashData is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) SplashData is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(D) the provision of the Services to you by SplashData is, in SplashData’s opinion, no longer commercially viable; or
(E) you fail to pay any Fees related to any Service, whether intentionally or unintentionally (e.g., if your credit card expires and you neglect to update the credit card information on file with SplashData).
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and SplashData have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, SPLASHDATA AND ITS AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPLASHDATA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SPLASHDATA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SPLASHDATA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND SPLASHDATA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPLASHDATA AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH SPLASHDATA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE SPLASHDATA WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON SPLASHDATA’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT SPLASHDATA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and trademark policies
It is SplashData’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
Some of the Services (such as SplashShopper Live) may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by SplashData on the Services are subject to change without specific notice to you.
The Services may include hyperlinks to other web sites or content or resources. SplashData may have no control over any web sites or resources which are provided by companies or persons other than SplashData.
You acknowledge and agree that SplashData is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that SplashData is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
SplashData may make changes to the General Terms or Additional Terms from time to time. When these changes are made, SplashData will make a new copy of the General Terms available on its web site and any new Additional Terms will be made available to you from within, or through, the affected Services. You should review the Terms-related pages on SplashData’s web site periodically to review the Terms and Conditions, because they are binding on you.
You understand and agree that if you use the Services after the date on which the General Terms or Additional Terms have changed, SplashData will treat your use as acceptance of the updated General Terms or Additional Terms.
General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and SplashData and govern your use of the Services (but excluding any services which SplashData may provide to you under a separate written agreement), and completely replace any prior agreements between you and SplashData in relation to the Services.
You agree that SplashData may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if SplashData does not exercise or enforce any legal right or remedy which is contained in the Terms (or which SplashData has the benefit of under any applicable law), this will not be taken to be a formal waiver of SplashData’s rights and that those rights or remedies will still be available to SplashData.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless SplashData agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. SplashData may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
If the performance of any part of these Terms by SplashData is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of SplashData, SplashData shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
The Terms, and your relationship with SplashData under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and SplashData agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SplashData shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.